Legal Q&A

Answers to common legal questions about accidental injury, negligence, and insurance.
Question: Can my mom sue a hospital for a botched wrist and elbow surgery?

She was operated on in 2005 on her wrist for carp-atone and her elbow. She has been in pain since the surgery. She has had every pain medicine there is and nothing helps. Her new doctor informed her that the previous surgery was done wrong. The doctors cut her in the wrong spot and that is the reason for pain. He literally told her they "f@%&ed" her up. The only way she will be relived of any pain if all is to have the same surgery

Answer:

Unfortunately, Florida has only a two-year statute of limitations in medical negligence cases. Generally, this means that the lawsuit must be brought within two years from the date of the malpractice.

Florida also has a “statute of repose,” which means that unless there is fraud, misrepresentation, or concealment, one can never sue a health care provider more than four years after the actual malpractice incident.

So even though she just recently found out of the botched surgery from her new doctor, without proof of fraud, misrepresentation, or concealment, she cannot file a lawsuit for this claim.

Share

 

Get your free consultation today.

Call

Call

Click To Call

(855) OMAR-411
SMS

SMS

Click To Text.

(954) 951-3535
Email

Email

Submit a form.

Email Me

Get on the road to recovery.

It all starts with your free case consultation. There's no cost or obligation.

Clients agree: OC Legal delivers five star service. More Reviews

... his in-depth knowledge, wide experience, good heartedness and passion for justice would serve anyone well ...

Gregory on Avvo

... will provide personal attention to ensure you receive the outcome you deserve.

Ross on Avvo

Omar is thorough. He is prompt. He is diligent to the last detail.

G. Thomas on Google

Our Offices

15291 NW 60th Ave, Suite 107, Miami Lakes, FL 33014

Serving all of Miami-Dade County, including:

  • Miami
  • Miami Lakes
  • Miami Gardens
  • Hialeah
  • Golden Seal Beach
  • Homestead
  • Doral
  • Coral Gables
  • Opa-Locka
  • Aventura

8751 W Broward Blvd, Plantation, FL 33324

Serving all of Broward County, including:

  • Fort Lauderdale
  • Sunrise
  • Plantation
  • Lauderhill
  • Tamarac
  • Lauderdale Lakes
  • Weston
  • Davie
  • Hollywood
  • Pembroke Pines

1500 Colonial Blvd, Fort Myers, FL 33907

Serving all of Lee County, including:

  • Fort Myers
  • Cape Coral
  • Sanibel
  • Bonita Springs
  • Lehigh Acres
  • Alva
  • Captiva
  • Fort Myers Beach
  • Tice
  • Cypress Lake

501 Goodlette-Frank Rd, Naples, FL 34102

Serving all of Collier County, including:

  • Naples
  • Golden Gate
  • Goodland
  • Naples Manor
  • Orangetree
  • Marco Island
  • Everglades City
  • Lely
  • Immokalee
  • Chokoloskee