Filing a Cervical Cancer Malpractice Claim in Florida
Although cervical cancer used to be a leading cause of cancer death among women in the United States, it has now become the easiest female cancer to prevent and cure. However, patients can still suffer extreme harm if they are not treated for this cancer in a timely and careful fashion. If there is a delay in diagnosis or treatment, the wrong treatment is given, or some other medical mistake, the results may potentially be deadly.
Patients who are injured by cervical cancer medical malpractice may be entitled to compensation for their damages. If you are interested in filing a cervical cancer malpractice claim in West Palm Beach, you can rest a little easier by retaining representation from an experienced attorney.
Filing Deadlines
Patients who suffered damages from medical malpractice in West Palm Beach have a set amount of time in which to file a lawsuit. If they do not file their claim within the state-mandated time frame, known commonly as the statute of limitations, the patient may lose their legal right to seek compensation for their injuries.
As per Florida Statutes §95.11, filing a West Palm Beach cervical cancer malpractice claim must be done within two years of the date of discovering the injury. However, the law allows only four years to elapse in total before a plaintiff loses their right to file, regardless of when they first discover their injury.
Exemptions to the Statute of Limitations
If a healthcare provider’s fraudulent concealment of malpractice delayed a victim from discovering their injury, the law makes an exception to the usual statute of limitations. Under these circumstances, a potential plaintiff his two years from when the injury was finally discovered or seven years from when the malpractice occurred to file their case. Furthermore, the two-year deadline does not apply to a child if the malpractice happened on or before their eighth birthday.
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Pre-Filing Requirement
Prior to filing a cervical cancer medical malpractice claim in West Palm Beach, the plaintiff must provide a notice of intent to sue along with an affidavit from another medical professional explaining how their malpractice claim has merit. After they serve this notice, the statute of limitations is paused.
If the defendant does not want to settle and informs the plaintiff of this before 90 days elapses, the plaintiff then has 60 days or the remainder of the statute of limitations to file their lawsuit, whichever is greater. If extra time is needed, the plaintiff can file for an investigation period of 90 days to find a medical professional to investigate their claim. Once this extension expires, no more time may be given, however.
Learn More About Filing a West Palm Beach Cervical Cancer Malpractice Claim
Filing a cervical cancer malpractice claim in West Palm Beach may seem like a complicated and overwhelming task, especially if you are still dealing with your injuries. However, qualified medical malpractice lawyers are ready to consult with you about your case.
You can count on an experienced legal team to be compassionate and thorough with every aspect of your experience. To set up your free case review and get your questions answered, call today.
