Whether you can sue for medical malpractice after an ER visit depends on what happened during the encounter.
While all medical complications are unfortunate, some are unavoidable or outside the provider’s control. Not every injury results from medical malpractice.
Not every medical error meets the requirements for a medical malpractice lawsuit. You can sue a provider for ER medical malpractice in Florida if you meet the following criteria under Florida Statutes § 766:
You can prove that the health care provider didn’t meet the duty of care. The duty of care requires health care providers to provide the level of care, skill, and treatment recognized as acceptable and appropriate by reasonably prudent health care providers under similar circumstances. If the provider’s care wasn’t acceptable or appropriate, they didn’t meet the duty of care for their profession.
You have evidence that you suffered a disability, injury, or illness due to malpractice. You must show that your injuries happened because your provider didn’t uphold their duty of care. You must submit clear evidence that the provider directly harmed you by failing to meet their duty of care. You must also show that you have sustained losses due to
the malpractice, such as medical expenses, lost wages, loss of earning capacity, pain and suffering, disability, loss of enjoyment of life, and more.
You can show that your damages aren’t an expected outcome. If you had a medical procedure that led to a malpractice-related injury, you must be able to show that the injury wasn’t an expected or normal outcome according to the standard of care.
You are within the statute of limitations for medical malpractice cases. Florida Statutes section 95.11(4)(b) states that you have two years to file a lawsuit after the malpractice
happened or you reasonably should have learned of your injury. However, you must file suit within four years after the malpractice occurred. There are scenarios in which you can get an extension for the lawsuit. An ER malpractice lawyer can help you understand whether those exceptions may apply in your case.
The lawyers at Freedland Harwin Valori Gander can walk you through the requirements to file a malpractice suit in Florida. We can let you know whether it’s possible to file your malpractice suit in court and ensure you meet all filing requirements.