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What are the medical malpractice laws in Florida?
I think I have a medical malpractice case, but it's been over two years since it happened. I would have considered a suit earlier if I had known, but I only recently found out a surgeon had left medical sponge material inside my abdomen which has been causing me health problems for over two years.
I have since discovered that I've been sick this whole time because I had an infection from the sponge. This happened in Florida, where the statue of limitations is two years. Is it too late to file a medical malpractice lawsuit? Will a medical malpractice lawyer still take my case?
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Answers
You may still have a good case, because even though the two year time limit is in place, it may not start until you actually "discovered" the malpractice. In your case, the court would likely decide the statute of limitations doesn't begin running until your discovery, due to the "hidden" nature of the medical negligence and resulting injury.
Talk to a medical malpractice lawyer now to find out what options you have. You should still have the right to file a lawsuit and get money to cover all the costs you've incurred over the past two years, as well as any future costs. These costs include any income you lost, medical expenses, lost future income and medical costs as well as pain and suffering.
Non-economic damages such as pain and suffering are capped at $500,000 in Florida, but it should still be economical to file a lawsuit.
Good luck.
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Posted by Staff Writer on 25 Feb 2010
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