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When Can I Sue for Malpractice in Pensacola?

» Written by // January 8, 2021 // ,


If you were injured because of a doctor’s negligence, your primary focus is on recovering and getting your life back on track. Part of the process may include legal action to make up for unnecessary pain, suffering, inconvenience, lost work hours, and other effects stemming from medical malpractice.

But you may be wondering about the appropriate time to take that legal action. If you wait too long, the court may not accept your case. However, if you take certain actions too soon, you could jeopardize your options for receiving a full recovery. Our Pensacola medical malpractice attorney explains how to time your actions when suing for medical mistakes.

Steps to Take as Soon as Possible When Malpractice Occurs

While you may not be filing a lawsuit the day after the incident, there are some critical steps to take as soon as you realize that your doctor may have made a mistake. First, start making notes about problems you are experiencing, including the severity of your pain. Take photos or videos, if appropriate. The idea is to document the situation as thoroughly as possible. A Pensacola medical malpractice attorney can help gather evidence of malpractice, so it is a good idea to consult your legal advisor as soon as possible.

Your attorney might recommend getting an immediate opinion from another medical professional. A malpractice lawyer could also advise you on practices to avoid, such as downplaying your symptoms or taking actions that could allow the negligent doctor to deny liability.

Sometimes, It Is Necessary to Wait

In many cases, it is hard to know the full extent of an injury until you reach your level of maximum medical improvement, also known as MMI. Once a doctor determines that your recovery has progressed as far as it is likely to go, it is possible to assess an injury’s long-term effects.

A medical malpractice attorney in Pensacola may want to hold off on filing a lawsuit until a physician has determined that you have reached the MMI point. In the meantime, while healing occurs, your lawyer can be using the time to collect evidence from experts about the medical error and negligence involved.

A Pensacola Medical Malpractice Attorney Will Work Within the Statute of Limitations Deadlines

While you may need to wait some time before filing a claim, you do not want to wait too long. The statute of limitations allows only two years from the date of injury to prepare and file a malpractice claim in most cases, unlike many other personal injury cases in which a victim has four years to file. 

Sometimes, the deadline is extended if the medical mistake is not obvious. If the malpractice resulted in a wrongful death, the two-year limitation period starts to run at the date of death.

Talk to Our Pensacola Medical Malpractice Attorney About the Timing of Your Case

The most important thing to understand about the timing of a medical malpractice case is that it is never too soon to talk to a Pensacola medical malpractice attorney about your situation. An experienced malpractice lawyer could manage your case to take advantage of the best opportunities while working within critical deadlines. To get started with a free consultation, contact us now.


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