Medical malpractice is a negligent or careless act by a doctor, hospital, or other health care provider. It is the breach of the accepted standard of care that is recognized by other providers who are practicing with similar training in the same field of medicine. It can result from a failure to act or from acting improperly. It is difficult for a medical malpractice attorney to state the applicable statute of limitations for medical malpractice claims in Florida without fully knowing the facts of a particular claim. The Statute begins with a two (2) year limitation from the date of the malpractice. The Statute language could extend that period to as long as four (4) years and, in some instances, to even seven (7) years. In Florida, it is also important to know the date when the malpractice was first known by the patient or the survivors of the patient. If there is a suspicion that medical malpractice has occurred, it is advisable to consult with an attorney experienced in medical malpractice. This consultation is usually without charge. By the end of the consultation, the attorney is usually able to answer the first question that should be asked: Does this situation (including the injury or death) justify further investigation into the possibility that medical malpractice has occurred? In order to answer this question, the medical malpractice attorney relies upon his or her knowledge of the law relating to medical malpractice and how it applies to the specific facts of that particular case.
A wrongful death case is one in which the negligence of a person results in the death of another person. This can include the same sort of events which lead to lawsuits requiring a personal injury attorney: automobile accidents, slip and fall accidents, and incidents of medical malpractice, to name a few. In a wrongful death case, since the deceased person is not able to represent themselves to pursue a claim against the at-fault parties, someone else must serve in that capacity on behalf of the estate of the deceased. Papers are filed with the court to request that the person be appointed as the personal representative of the decedent's estate. Often, but not always, the personal representative is a family member of the person who died. Once the court approves the appointment of the personal representative, that individual acts as a sort of “delegate” to represent the survivors of the decedent, who then works with a wrongful death attorney. “Survivors” are those who are entitled by law to recover damages resulting from the death of the individual. Survivors can include the spouse, children, or parents of the decedent. Survivors in a wrongful death case may be entitled to recover damages for the loss of financial support and companionship of the deceased, as well as the mental pain, anguish and suffering they have endured because of the untimely death of their loved one. Florida law has very specific criteria to determine who qualifies as a survivor of a decedent, and the law is equally specific about the types of damages for which the survivors may recover. The Goldberg Law Firm has wrongful death attorneys and has successfully represented clients in these types of cases.
We, at The Goldberg Law Firm, are dedicated to standing up for the rights and protection of victims of negligence and to seeing justice done. We will continue to direct our combined knowledge, determination, and drive to the limits for each and every one of our clients.
The results are record-breaking jury verdicts, real relationships with our clients, and legislative breakthroughs