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Medical Malpractice Laws Could Affect Your Claim in Homestead and Florida

If you have suffered misdiagnosis in Homestead or any other Florida community or believe that you may have a medical malpractice claim for some reason, it is important to understand the laws that could affect your claim. These laws change frequently. For example, the Florida Medical Association (FMA) has recently been seeking to pass a bill (SB-1792) which would limit who would be able to act a medical expert witness in malpractice cases. The bill would allow only medical professionals in the same specialty to act as expert witnesses. Currently, any medical professional who has treated the patient and has a similar medical specialty can act as an expert witness. The bill would also allow the defendant’s legal team to interview anyone who treated the plaintiff after the defendant without telling the plaintiff’s attorney or the plaintiff about the interview. Finally, the bill would make it mandatory for a doctor to provide a medical record if subpoenaed as long as the patient agreed to have their medical information shared in this manner.

Another bill (HB-827) might also affect medical malpractice claims in Homestead and other Florida communities. If passed, the bill would not hold hospitals liable for contract workers, limiting the ability of plaintiffs to pursue hospitals in some cases.

Even if these bills do not pass, there are current Florida laws which could affect your claim. For example, there is a statute of limitations in Florida medical malpractice cases. If you do not file your claim within two years of when you first became aware of an injury (or when you should have been aware of an injury) you may lose your ability to pursue compensation. There are additional laws designed to protect medical professionals and in many cases hospitals and clinics are protected by powerful teams of attorneys as well.

Florida laws do exist to protect injury victims, however. If a doctor was negligent in providing you with standard medical care and that negligence led to birth injury in Homestead or another community or another type of personal injury, you may be able to pursue compensation through a medical claim. You can seek to recover for medical costs, long-term medical expenses, loss of income, pain and suffering, and other costs. If medical negligence has led to the death of a loved one you may be able to pursue a wrongful death claim in Homestead or your community.

Medical malpractice laws are complex and change frequently. The best way to understand how these laws could affect your case is to speak with a personal injury attorney in Homestead or your community. An attorney can help you understand the laws that affect your case and can help you understand and pursue your legal options. A qualified attorney can also help you understand the strength of your case and the potential value of your case, so you can make a decision about your situation from a position of strength.


Are you looking for a medical malpractice attorney in Homestead? The Flaxman Law Group offers free consultations for all new clients, so you can discuss your situation with an attorney before you make any decisions about your claim. The Flaxman Law Group is a full-service law firm with a network of medical experts and private investigators to assist with cases. Contact the law firm today to find out more about your rights and options.