In Florida, as a victim of wrong-site surgery, you have several legal rights and options to seek compensation and hold the responsible parties accountable. Wrong-site surgery is considered a serious medical error and can have significant legal implications. Here are your key legal rights and steps you can take:
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Right to Medical Records: You have the right to access your medical records, which can be crucial evidence in your case. These records will provide detailed information about the surgery and any errors that occurred.
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Right to File a Medical Malpractice Claim: You can file a medical malpractice claim against the healthcare provider, surgeon, or hospital responsible for the wrong-site surgery. To succeed in a malpractice claim, you generally need to prove:
- A doctor-patient relationship existed.
- The healthcare provider was negligent and did not meet the standard of care.
- The negligence directly caused your injury.
- You suffered damages as a result of the injury.
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Right to Seek Compensation: If your claim is successful, you may be entitled to various types of compensation, including:
- Medical expenses (both current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Loss of quality of life
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Statute of Limitations: In Florida, medical malpractice claims must be filed within two years from the date the injury was discovered or should have been discovered, but no more than four years from the date the malpractice occurred. However, if fraud, concealment, or intentional misrepresentation by a healthcare provider prevented you from discovering the injury, the statute of limitations can be extended to seven years.
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Right to an Attorney: It is advisable to consult with an experienced medical malpractice attorney who can help you navigate the legal process, gather evidence, and build a strong case. An attorney can also help ensure that you meet all procedural requirements and deadlines.
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Right to Report to Medical Boards: You can file a complaint with the Florida Board of Medicine or other relevant medical boards. This can lead to disciplinary action against the healthcare provider and may help prevent future incidents.
Understanding your legal rights and taking prompt action is crucial in medical malpractice cases. If you believe you are a victim of wrong-site surgery, consider seeking legal advice to protect your interests and pursue the compensation you deserve.
You can reach Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
