LawCall – Medical Malpractice vs Poor Bedside Manner – Aug 9, 2022
- Caller calls in and ask what is the recourse of having a hospital investigated and doctor investigated by the state of Florida
- She was told the doctor committed malpractice
- Seek an attorney/law firm to help with a malpractice claim
- Medical malpractice is different than other forms of negligence in the state of Florida/ shortened two year statute of limitations
- Typical negligence cases are a four-year statute of limitations, better to act sooner rather than later
- In addition to state agency evidence, you need to get an affidavit from a doctor in the same specialty as the physician who gave the mis-diagnosis/committed the malpractice
Caller: What is the recourse against a hospital or a doctor when they throw you out of the hospital and refuse to take care of you? Also, what is the recourse after you have the hospital investigated and the doctor investigated by the state of Florida and they tell you that the doctor committed malpractice in writing.
Christopher Young: Some doctors have very poor bedside manners and it doesn’t mean they’ve done anything wrong because they haven’t breached a standard of care. If they have removed you from the medical facility, which has caused a malpractice issue to occur and that facility or physician has breached the standard of care in, an investigation from the state that has been deemed to have happened. I think you need to seek an attorney and a law firm that handles medical malpractice cases, like our firm. You can talk further in detail and I don’t want to ask you these questions on the air for personal reasons. You can call us tomorrow and would be glad to talk to you off the air about what situations happened and what kind of damage you or your loved one sustained as a result of their actions. Typically speaking, you don’t have those condemning letters from the state agency that says somebody has committed malpractice on behalf of a facility or themselves against an individual. We typically have to go dig that up and prove that in court.
Ted Howell: A couple of very important points here. You mentioned medical malpractice and that is a little different than other forms of negligence in the state of Florida. It has a shortened two year statute of limitations, typical negligence cases are a four year statute of limitation. For that reason alone, it’s very important that you act sooner rather than later. In order to actually pursue a medical malpractice case in the state of Florida, you’re going to have to get an affidavit from a doctor in that same specialty as the physician that did the misdiagnosis or committed the malpractice while also setting forth in writing why it was malpractice and what the standard of care was that was breached.