During these trying times, we remain open, and are ready and able to sign up new clients while fighting for the rights of our current clients. In order to help protect the health of our potential clients, current clients, and staff, we are actively utilizing video teleconferencing and e-sign digital signatures, in addition to phone and email.

Statute Of Limitations

What Is the Statute of Limitations on a Medical Malpractice Lawsuit?

Gavel on law booksIf you or a loved one are injured as a result of a medical professional’s negligence it’s called medical malpractice. For your injuries or in cases where death occurs, you can claim compensation from the negligent medical professional. To file a medical malpractice lawsuit you have to do so within the statute of limitations. The statute of limitations is a state law which sets out the time frame you have to file a lawsuit.

What A FL Medical Malpractice Lawyer Will Tell You About The Statute Of Limitations For Medical Malpractice

You have two years to file a lawsuit against a hospital, doctor or another medical professional. This time usually starts from the date of injury. The two-year deadline could also start from the time you discovered your injury. This law has a second part called the statute of repose. The rule bars a patient from taking legal action more than four years after the malpractice occurred. This means if you discover an injury after four years, your case will be dismissed if you sue. The lawsuit can be allowed if a medical provider tried to cover up the malpractice so you couldn’t know earlier. In such a case, the four-year time period can be extended to seven years. The statute of limitations on medical malpractice can be confusing. That’s why you need the help of a medical malpractice lawyer. If you believe you have a valid case of medical malpractice you should talk to a lawyer immediately.

Why Is It Important To File Your Claim Within The Statute Of Limitations In FL?

A court will definitely not hear your case after the statute of limitations deadline has passed. If you file a claim, the defendant is likely to bring a motion to dismiss. They will bring tell the court you failed to comply with the statute of limitations. Their motions to dismiss will certainly be allowed. This will mean losing out on compensation even if you had a strong malpractice case. Talk to a medical malpractice lawyer immediately if you suspect a doctor was negligent. They will advise you on how much time you have to file a malpractice lawsuit. Doing so early also gives your lawyer enough time to investigate and prepare. Insurance companies may take advantage of the situation if you delay the submission of claims for compensation. They can drag out the settlement talks until the time to go to court runs out. If that happens you won’t have leverage against them.

What Are Examples Of Medical Malpractice Lawsuits In FL?

At Burnetti, P.A. we have handled numerous cases of medical malpractice. Our medical malpractice lawyers can help you file a lawsuit in cases involving:

  • Surgical errors
  • Prescription drug errors
  • Delayed diagnosis or misdiagnosis
  • Labor and delivery injuries
  • Premature hospital discharge
  • Unnecessary surgery
  • Error in anesthesia use
  • Failure to treat a patient

For your medical malpractice lawsuit to be a success your attorney would have to prove a number of factors.

  1. You had a doctor-patient relationship. You cannot sue a health provider if you didn’t hire them to treat you.
  2. The doctor was negligent. Evidence must prove that the medic’s actions or omissions caused you to be injured. The medical malpractice lawyer must show that the doctor’s behavior fell short of what a competent doctor would do. This may need a medical expert to testify about how doctors behave in similar situations.
  3. Your injuries were as a result of the doctor’s negligence. Your lawyer must also demonstrate you sustained injuries because your doctor was negligent. If your doctor was negligent but you suffered no harm, you can’t file a malpractice lawsuit.

In a medical malpractice lawsuit, you have an entitlement to economic, non-economic and punitive damages. This includes medical expenses, lost wages, pain and suffering and loss of consortium.

Consult A Medical Malpractice Lawyer

At Burnetti, P.A. we know medical malpractice lawsuits can be difficult to prove. Our medical malpractice attorneys, however, have years of legal experience and good medical knowledge. This puts us in a good position to handle your medical malpractice lawsuit. Insurance companies will give you a low settlement or deny your claim if you don’t have legal representation. So don’t try to make your claim for compensation alone. Our lawyers will take the fight to the insurance company. They will work to get you the maximum compensation for injuries or wrongful death. Talk to us immediately after you suffer an injury due to medical malpractice. Consultations are free and you won’t pay any legal fee until we get you compensation. Let us handle your case. We won’t rest until you get compensation for injuries or the wrongful death of a loved one.

Our Testimonials

Hear From Clients Across the State of Florida
  • “I highly recommend Burnetti P.A. as a great and caring law firm.”

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  • “They made sure that I was getting my equal justice. This team was amazing!”

    - Gerard E.
  • “The settlement he got for me was far above my expectations.”

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Successful Verdicts & Settlements

Serious Lawyers, Serious Results
  • DUI Car Accident $7.25 Million

    $7,250,000 recovery due a car accident resulting in death by a driver under the influence of an illegal substance.

  • Hospital Medical Malpractice $3.8 Million

    $3,820,000 verdict on behalf of a woman who suffered traumatic brain injury due to failure provide proper care.

  • Helicopter Crash $2.5 Million

    $2,500,000 recovery for a pilot involved in a helicopter crash.

  • Trucking Accident $2 Million

    $2,000,000 recovery for a family who lost their adult child due to a trucking accident.

  • Wrongful Death $1.9 Million

    $1,964,000 settlement for a mother who received four times the amount of medication that resulted in her death.

  • Trucking Accident $1.9 Million

    $1,900,000 verdict for a trucking accident that resulted in the death of an adult child.

  • Confidential Settlement $1.5 Million
  • Medical Malpractice $1 Million

    $1,062,500 settlement for a medical malpractice case resulting in injury.

  • Trucking Accident $940,000

    Our client was involved in a severe motor vehicle accident when she was rear-ended by a semi and knocked into oncoming traffic. She was rushed to the emergency room and had several surgeries performed.

  • Trucking Accident $750,000

    $750,000 settlement for a head on collision accident with a semi truck.


What Sets Us Apart?

  • A Proven Record of Results

    We have recovered millions of dollars for our clients, including many multi-million-dollar verdicts and settlements.

  • A Culture of Customer Service

    We treat all of our clients like family, requiring regular calls to clients in an effort to promote the best possible client experience.

  • Decades of Unwavering Service

    Our firm has proudly served injured people throughout the state of Florida for over 25 years, and we're just getting started.

  • A Network of Support

    We help clients find doctors, deal with insurance companies and recover compensation for medical bills and lost wages.

Contact Burnetti, P.A.

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