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.

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