SAADE LAW

How to Sue a Doctor for Pain and Suffering

Suffering an injury due to the negligence of a medical professional can result in the worsening of the condition you expected the medical professional to improve, or the cause of condition which can cause both physical pain and emotional distress.
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Suffering an injury due to the negligence of a medical professional can result in the worsening of the condition you expected the medical professional to improve, or the cause of condition which can cause both physical pain and emotional distress. At The Saade Law Firm, P.A., we understand these delicate claims, and our experienced attorneys are prepared to present a strong case for each one of our clients with respect and professionalism towards all parties involved.

In the state of Florida, medical malpractice claims cannot be filed solely on the basis of pain and suffering or any other injury. In order to file a claim for medical malpractice, a potential plaintiff(s)’s counsel is required to seek a verified medical opinion from an expert in the same field as the alleged negligent medical provider that states that a breach of the standard of care has occurred. Florida Statute §766 also imposes several limitations on eligibility and ability of a potential plaintiff to file a malpractice lawsuit, so it is crucial to act quickly. Please contact our experienced attorneys at The Saade Law Firm, P.A. so that we can evaluate your potential medical malpractice matter.

What is Medical Malpractice?

Medical malpractice refers to legal action taken against a doctor or another medical professional for negligence and/or a medical error. Common medical malpractice claims result from the following:

  • Patient misdiagnosis;
  • Lack of Informed Consent;
  • Unsatisfactory treatment or surgical performance;
  • Discharging a patient from their care facility at an inappropriate or premature juncture;
  • Operating on a patient with an unsterile or with inappropriate or inadequate surgical equipment;
  • Performing a treatment or a procedure in the incorrect body part;
  • Failing to adequately treat a patient’s medical condition(s); and/or
  • Not giving the appropriate and adequate information pertaining to the risks associated with a medical procedure or treatment.

What are the Steps of a Medical Malpractice Lawsuit?

To file a medical malpractice claim in Florida, there are several statutory prerequisites pursuant to  Florida Statute §766 that a potential plaintiff must satisfy and comprehend. First, all medical malpratice lawsuits in Florida must be filed within two years from the date that the injured party knew or should have known that the injuries or damages they are experiencing are the result of medical negligence. Within these two (2) years, the potential plaintiff must get the aforementioned verified medical opinion and proceed to inform the alleged medical provider that it is his and/or her belief that there has been a breach of the standard of care and thus, it is their intent to file a malpractice lawsuit (“NOI”). Subsequently, the medical provider receiving this NOI has ninety days to conduct pre-suit discovery to investigate the allegations and respond.

The experienced attorneys at The Saade Law Firm, P.A. understand Florida Statute §766’s requirements to bring forth and/or defend medical malpractice lawsuits, and thus are here to ensure that our clients are fully informed and prepared to handle a medical malpractice suit.  

If you or someone you know has suffered as a result of medical malpractice or have been accused of committing medical malpractice, contact The Saade Law Firm. P.A. at (786) 633-1114.

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