Legal Question in Medical Malpractice in Florida

statue of limitations/ medical malpractice
in the care of jackson memorial hospital in miami beach fl. i have recently been diagnosed w/ graves disease. and ended up giving birth at crouse hospital in syracuse ny because jackson hospital didnt take the right steps to help me have a normal pregnancy. they new i was hyper thyroid and i had extremly low amniotic fluid. i found out that the medicine i was on for my thyroid problem can be very problematic to a fetus i also learned there were ways around the low amniotic flued such as adequet bed rest artificial amniotic fluid and drinking a lot of water also i had a bladder infection and was told to drink cranberry juice. a docter came to the conclusion to have my pregnancy terminated. i disagreed and so relocated but 1 wk after relocation i had my son who was born 5/2/06 and was hospitalized for his first 7 mo of life and now he is being put up for adoption due to the fact that i am 20 yrs old and the dept of health and human services say i cant meet his very extent needs which causes me extreem emotional and mental distress to this present day. its obvious a duty was breached. now can i sue? what are fl statues statues of limitations? if the limitations ran out because its almost been three yrs. is this an exeption?

Asked on 4/07/08, 3:43 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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Re: statue of limitations/ medical malpractice

The statute of limitations in florida medical malpractice cases is very difficukt at times to calculate. You should contact an attorney immediately to discuss the facts of your case in order to determine whether you have a case and whether the statute of limitations has expired. No definitive answer can be provided with the facts that you have provided, but it is probable that the statute did not start to run until your child's birth. It is possible that the statute did not start until later, but you need to discuss all the facts with a lawyer. Do not delay.

Answered on 4/09/08, 1:52 am

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