South Florida Injury Lawyer Blog
When you’re receiving medical care and something goes wrong, it’s not always easy to know whether it was the result of Florida medical malpractice. Still, there are ways you can preserve a potential claim, even if you aren’t sure if you have one. 
As West Palm Beach medical malpractice attorneys, we’ve seen solid cases go sideways because evidence wasn’t properly preserved or potential plaintiffs made a few missteps early on.
So for anyone who thinks they might have grounds for filing a South Florida medical malpractice case, it’s a good idea to:
- Seek Immediate Medical Attention. Ensure your health and safety by seeking prompt medical care from another healthcare provider. This is crucial for your well-being and to document any additional injuries or conditions caused by the suspected malpractice.
- Document Everything. Keep detailed records of all medical treatments, including dates, times, names of healthcare providers, and the nature of treatments or procedures received. Take notes on any conversations you have with healthcare providers and staff.
- Obtain Your Medical Records. Request copies of your medical records from the healthcare providers involved in your care. These records are essential for reviewing the details of your treatment and identifying potential errors or negligence.
- Consult with a West Palm Beach Medical Malpractice Attorney. Contact an experienced medical malpractice attorney in South Florida to discuss your case. They can provide legal advice, evaluate the merits and potential value of your claim, and guide you through the legal process.
- Avoid Discussing Your Case. Refrain from discussing the details of your case with anyone other than your medical malpractice attorney. This includes posting about your situation on social media. Any statements you make can potentially be used against you.
- Keep a Journal. Maintain a personal journal documenting your physical and emotional condition, any pain or suffering experienced, and how the suspected malpractice has affected your daily life. This can serve as evidence in your case.
- Follow Your New Doctor’s Orders. Adhere to the treatment plan provided by your new healthcare provider. This demonstrates that you are taking appropriate steps to mitigate your injuries and can strengthen your case. Failure to do so could have an adverse impact on your ultimate damage award, no matter how egregious the defendant’s breach of duty.
- Gather Evidence. Collect any additional evidence that may support your claim, such as photographs of injuries, witness statements, or any correspondence with the healthcare provider involved.
- Be Aware of the Statute of Limitations. In Florida, the statute of limitations for medical malpractice claims is generally two years from the date the malpractice was discovered or should have been discovered, but no more than four years from the date of the incident. There are exceptions, but they’re limited. You also want to give yourself as much lead time as possible, so don’t wait until the last second, if possible. Consult with your South Florida medical malpractice attorney to ensure you file your claim within the appropriate time frame.
- File a Complaint with the Florida Board of Medicine. Consider filing a formal complaint with the Florida Board of Medicine. While this is separate from a legal claim, it can lead to an investigation into the healthcare provider’s conduct.
- Prepare for Legal Action. If your West Palm Beach medical malpractice attorney determines that you have a valid claim, they will help you prepare and file a lawsuit. This includes gathering all necessary documentation, expert witness testimonies, and building a strong case to present in court.
If you have questions, contact our dedicated West Palm Beach medical malpractice lawyers. We offer free initial consultations, and there’s no fee unless or until we win.
Contact the South Florida personal injury attorneys at Halberg & Fogg PLLC by calling toll-free at 1-877-425-2374. Serving West Palm Beach, Miami, Tampa, Orlando and Fort Myers/ Naples. There is no fee unless you win.
Additional Resources:
Florida Medical Malpractice Statute Of Limitations, March 21, 2023, Forbes.com
More Blog Entries:
Palm Beach Injury Lawyer Talks the Toughest Part of Proving Medical Malpractice, June 20, 2024, West Palm Beach Medical Malpractice Lawyer Blog