Legal Question in Medical Malpractice in Florida
hernia
I had a reacurrent hernia due to an inproper procedure. staples were used but did not hold hernia. also the mesh was not long enough to cover it all. can I file a malpractice suit against the first Doctor?
2 Answers from Attorneys
Re: hernia
You have 2 years from the date the cause of action accrued to file a medical malpractice action, but you must first fully and properly comply with the pre-suit requirements set forth in the Florida Statutes. Those requirements include a physician's affidavit attesting that in his/her professional opinion negligence was committed by the person or entity you plan to sue. This area of the law is very specialized. You need to seek the advice of counsel. Good luck.
Re: hernia
The first thing is this area of the law is super complicated. You have a two year statute of limitations which again you should have an attorney tell you when it runs. Also, you must comply with the pre-suit requirements in Florida Statutes. An expert witness must be hired to give a physician's affidavit that negligence was committed.
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