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Medical Malpractice Lawsuits And Their Difficulties


It may be hard to believe, but doctors do make mistakes from time to time. They are under a lot of pressure to make quick diagnoses of medical conditions and sometimes they are wrong. Some  mistakes can be minor and not affect a patient. Then there are those that are major and cause long-term injuries, worsened conditions, and other health issues.

There are a lot of ways in which medical malpractice can occur. Even if a Florida resident feels as though they have a valid case, they may not win. Between 2012 and 2022, Florida had the third-highest number of medical malpractice lawsuits filed. Last year, 11,410 medical malpractice lawsuits were filed in Florida. Not many were successful, with the total payout just $2.9 million. This ranked Florida #43 in the United States.

So many people in Florida want to sue their doctors, surgeons, radiologists, and hospitals. Many medical malpractice lawyers have to turn away potential clients because it’s just not worth the time to take on their case. In fact, as many as 99% of cases are turned down. Even if you were seriously injured by a medical professional, getting compensation is next to impossible because there are so many factors to consider.

Understanding the Difficulties

There are several factors that make medical malpractice cases so hard to win:

  • There’s strict eligibility. When it comes to filing a claim, Florida is probably the strictest in the nation. Only spouses or children under the age of 25 can file medical malpractice lawsuits on behalf of their loved one. So if a person was not married but had adult children, or lived with someone in a romantic relationship but never married them, then they’re out of luck.
  • Sovereign immunity is in play. There are limitations if you sue public entities, such as a public hospital or an employee of a public health system. You can only win up to $200,000 against one government agency or $300,000 against multiple government agencies. Therefore, it doesn’t make sense for a lawyer to spend the time and money on those cases.
  • Time is limited. In Florida, the statute of limitations is two years. You only have that amount of time to file a case, so time is of the essence. Do not wait to get better.
  • Florida requires a “presuit investigation.” You will need to hire a medical expert to testify about how a doctor should have behaved in the same situation, and how your doctor’s actions deviated from that standard. This requires 90 days of investigation and can be expensive.

Seek Help for Your Medical Malpractice Case

A doctor’s mistake can change your life forever. Still, getting the compensation you deserve is not an easy task.

Medical malpractice cases come with a lot of complexities. A  Dade City & Zephyrhills medical malpractice attorney from Madonna Law Group will help you build a strong case so you have the best chance of winning. To schedule a consultation, call (800) 557-0411 or fill out the online form.



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