Medical malpractice can be a devastating experience, leaving you with physical, emotional, and financial challenges. If you’re in Palm Bay, Florida, and believe you’ve been harmed by a healthcare provider’s negligence, understanding your rights and the steps to take is essential. This guide explains what medical malpractice is, how to recognize it, and how to pursue a claim for compensation under Florida’s current laws.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to meet the accepted standard of care, resulting in harm to you. The standard of care refers to what a reasonably skilled professional would do in similar circumstances.
For example, if a surgeon in Palm Bay operates on the wrong body part or a doctor misdiagnoses a serious condition like cancer, these could be grounds for a malpractice claim.
To succeed, you must prove four elements: the provider owed you a duty of care, they breached that duty, the breach caused your injury, and you suffered actual damages, such as medical bills or lost wages. In Florida, these cases are governed by strict rules, so acting quickly and working with an experienced attorney is vital to build a strong case.
Recognizing Negligence in Palm Bay
Identifying medical negligence can be challenging, as not every negative outcome is malpractice. You need to determine if the provider’s actions fell below the standard of care. Common examples include misdiagnosis, such as mistaking a heart attack for indigestion, or surgical errors, like leaving a tool inside a patient.
Other cases involve medication mistakes, where a doctor prescribes the wrong drug or dosage, or birth injuries due to improper care during delivery. If you suspect negligence, request your medical records and seek a second opinion from another provider.
Florida’s Statute of Limitations for Malpractice
In Florida, you have a limited time to file a medical malpractice lawsuit, as outlined in Florida Statutes Section 95.11(5)(b). You must file within two years from when you discovered, or should have discovered, the injury, but no later than four years from the date of the incident. This four-year limit is called the statute of repose. For example, if a Palm Bay doctor made an error during surgery in 2023, but you only noticed symptoms in 2025, you’d have until 2027 to file, provided you discovered the injury within the four-year window.
Exceptions exist for cases involving fraud or concealment, extending the deadline to seven years from the incident or two years from discovery.
Steps to Pursue Compensation
Filing a medical malpractice claim in Palm Bay involves several steps, starting with a thorough investigation. Florida law requires you to send a Notice of Intent to Initiate Litigation to the healthcare provider, including a verified medical expert opinion confirming negligence. This triggers a 90-day period during which the statute of limitations is paused, allowing both sides to investigate. You cannot file a lawsuit during this time. Gather all relevant medical records, bills, and evidence of your injuries, as these strengthen your case.
An attorney can help you obtain an expert affidavit and navigate the process. If the provider denies liability, you can file a lawsuit in court.
Taking Action in Palm Bay
If you’ve been harmed by medical negligence in Palm Bay, time is critical. Florida’s strict deadlines and complex requirements mean you need to act quickly to protect your rights. Consult an experienced attorney to review your case, gather evidence, and guide you through the process. For dedicated legal support, contact Frankl Kominsky Injury Lawyers for a free consultation to discuss your options and pursue the compensation you deserve.
Contact them here.
About the Author
Mitchell J. is a legal writer based in Melbourne, Florida, with over 10 years of experience in personal injury law. She provides clear, accurate information to help victims understand their rights and pursue fair compensation.
