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Medical Malpractice

The principle behind the law of Medical Malpractice sounds very simple. If a physician, or other health care provider, breaches the prevailing standard of care which would be rendered by a reasonably prudent similar health care provider, and this negligent care causes injury or death of a patient, then a medical malpractice action may potentially be brought.

Although the concept sounds quite plain, Medical Malpractice claims are extremely complex, expensive, and time consuming. The complexity of Medical Malpractice actions makes this a difficult topic to explore without writing a dissertation on the topic. To cover this topic so that it would apply to the vast array of persons and circumstances involved is quite impossible in the confines of a website. For this reason we at Donoghue & Associates find that it is something you must discuss with a qualified attorney experienced in the field as soon as you suspect that you or a family member have been a victim of Medical Malpractice.

The fact is, in spite of what you may hear from politicians, insurance companies and the media, doctors in Florida have become very well protected from malpractice actions in Florida. A series of laws that have been passed by the Florida Legislature over the last ten to twenty years makes it extremely difficult to sue a health care provider for Medical Malpractice.

The Statute of Limitations for bringing a Medical Malpractice suit is only two years
from the date of the discovery of the Malpractice and four years from the date of
the Malpractice regardless of the date of discovery.

The short statute of limitation is made even more burdensome on a victim of Medical Malpractice by the many pre-suit conditions, notices and expert opinions that must be dealt with prior to even filing a suit.

Additionally there are caps on some types of damages that a jury may award in Medical Malpractice actions and also strict limitations on who may bring a suit or recover damages in the event that a family member has lost his or her life due to the negligence of a physician.

Given the complexity of Medical Malpractice law and the short statute of limitations on such actions it is essential to contact Donoghue & Associates immediately if you or a loved one has been the victim of a serious Medical Malpractice incident.

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