Medical negligence takes many forms. At its core, it is about a deviation from the accepted standard of care. This standard is defined as what a reasonably prudent medical provider of the same specialty would have done in the same situation. When a provider’s actions fall below this line and cause harm, a malpractice claim may exist.

Diagnostic Errors

• Misdiagnosis or Delayed Diagnosis: This happens when a doctor fails to identify a serious condition like cancer, a heart condition, or a stroke in a timely manner. The harm here is the loss of chance for a better outcome that the patient would have had with a proper diagnosis.
• Radiology Errors: A radiologist misreading an X-ray, MRI, or CT scan leads to a missed diagnosis or an incorrect one, causing direct harm to the patient.

Surgical Errors

• Never Events: These are shocking mistakes that should never happen, such as operating on the wrong body part (wrong-site surgery), leaving a foreign object like a sponge or surgical instrument inside the patient, or performing a procedure on the wrong patient entirely.
• Anesthesia Errors: Improper dosing of anesthesia leads to devastating consequences, including brain damage from lack of oxygen or a patient waking up during surgery (anesthesia awareness).

Birth Injuries

Mistakes made during labor and delivery cause lifelong injuries to a child. These cases typically result in the highest damages due to the child’s need for a lifetime of expensive medical care. Common birth injuries include:

• Cerebral Palsy caused by oxygen deprivation (hypoxia) during delivery.
• Erb’s Palsy, which is nerve damage to the shoulder and arm, typically caused by excessive force during a difficult birth.

Medication Errors

This includes a doctor prescribing the wrong medication or dosage, failing to check for dangerous drug interactions, or a pharmacist filling a prescription incorrectly.

Understanding the Statute of Limitations

One of the most unforgiving aspects of Florida law is the time limit for filing a claim, known as the statute of limitations. Generally, you have two years from the date you knew, or reasonably should have known, that the injury occurred and was likely caused by medical negligence. 

Additionally, Florida has a statute of repose, which creates a hard deadline of four years from the date of the incident, regardless of when you discovered the injury. There are very few exceptions, such as cases involving fraud or concealment by the healthcare provider. Waiting too long to investigate a potential claim permanently prevents you from seeking justice.