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Articles Tagged with Fort Lauderdale medical malpractice lawyer

The Florida Supreme Court has agreed this summer to hear an appeal on an appellate decision finding medical malpractice non-economic damage caps unconstitutional. hospital2

If that sounds a bit familiar, you may be recalling the 2014 case of Estate of McCall v. U.S., in which the state high court ruled that limits on non-economic damages in wrongful death cases arising from act of medical negligence was unconstitutional.

Now in North Broward Hospital District v. Kalitan, the question is whether this also applies to personal injury cases arising from acts of medical negligence. If the court affirms the appellate court, as many legal scholars speculate it will, it would be a huge victory for victims of medical malpractice in Florida. It will mean they can receive the full amount awarded by a jury – the amount to which they are entitled – instead of being blocked by an arbitrary cap on damages.  Continue reading

If you are injured or a loved one died as a result of someone else’s negligence, you may have a legitimate claim for damages. However, you must be mindful of the fact that you only have so long to pursue it. baby2

How much time you have depends on:

  • The kind of claim your filing;
  • The identify of the defendant;
  • If you discovered the injury or its source some time after it happened.

If the claim is being filed in a state court in Florida, you generally have four years to file. However, in that same court, if your claim is for medical malpractice or wrongful death, you have two years.

If your claim is one against the federal government (or an organization that relies on federal money), you likely only have two years, regardless of the type of claim.

There may be some exceptions or grounds on which to “toll” or extend the time limits, but you will need to make a very strong argument.  Continue reading

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