Legal Question in Medical Malpractice in Florida

Medical malpractice-hospital liability for introduction of infection (mrsa)
during surgery.
* florida statute of limitations?
* will a written notice of claim toll the statute?
* are there common special requirements in all the paperwork during
admissions- i.e., early notice of claim?
my daughter has been fighting infection since september surgery for a broken ankle. at this point she is interested in recovering out-of-pocket
expenses without losing further rights-should she not fully recover use of her ankle.
concerned father

Asked on 1/12/11, 7:05 am

2 Answers from Attorneys

Daniel Oppenheimer Weinstein & Weinstein

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*Statute of Limitations in FL: 2 years from the event, or notice thereof.

*Written notice may NOT toll the statute. An official Letter of Intent which complies with the pre-suit requirements of Medical Malpractice tolls the statute for 90 days.

*Not sure what you mean by this but check the relevant statutes FL Stat. Chapter 766.

You should really consult with an attorney who practices in this area to ensure that you dont miss any important deadlines and that you comply with statutory requirements.

Answered on 1/17/11, 3:07 pm

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