Legal Question in Medical Malpractice in Florida
If you learn after two years that a previous doctor did not properly treat an illness is this medical malpractice ? I was diagnoised with afib in 2007 and was never placed on any blood thinners. My new doctors ( established in 2009 ) both have asked me why I was not placed on this medication when the afib was found and after cardioversion failed to convert my heart to normal.
4 Answers from Attorneys
If there is no harm done, then there are no damages and thus, while it may have technically been medical malpractice, it does not likely rise to the level of being a medical malpractice lawsuit.
It depends. Sometimes afib is not treated with thinners. There is also the issue of whether the delay has harmed you at all. Your current doctors can tell you that, but they are often not anxious to say that a fellow doctor has been negligent -- often called the conspiracy off silence.
see www.ConsumerLawyerHelp.com re medical negligence.
You have 2 years from when you first learned that there may have been negligence to bring a claim as long as it has not been more than 4 years from the date of the treatment. As you have been advised earlier, if there was no significant damage caused by the delay it may not be economically feasible to pursue a claim
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