Medical malpractice occurs when a doctor performs his or her job carelessly and injuries result therefrom. An injured party must prove that a healthcare provider and/or medical facility provided services at a level lower than "that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers." Stated another way, you must establish that the healthcare provider and/or medical facility acted below the general standard of care in the community.
If you have been injured in this way, it is imperative that you do not delay in seeking legal advice. In Florida, the Statute of Limitations for filing a medical malpractice claim is two years from when the patient (or sometimes a particular family member or guardian) knows or should have known, with the exercise of reasonable care, that the injury has occurred, and there is a reasonable possibility that the injury was caused by medical malpractice. There are several exceptions to this rule as well as notice requirements that must be filed.
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