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Can I claim damages for a bad abdominoplasty after3 years in Florida?

Miami Beach, FL |

I've been left with a misshaped and scarred umbilicus, a visible indentation on my left side and a very irregular and bumpy scar.

Attorney Answers 8


  1. Consult with a medical malpractice attorney in Florida, but it may be too late.

    Merry Fountain is licensed to practice law in Indiana. She can be contacted at 1-888-242-HURT. This is not legal advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.


  2. In addition to consulting a medical malpractice attorney you can contact the Department of Health and an investigation into the medical licensees will be conducted at no cost to you. While the Department does not recover compensation for you if a violation is found a public administrative complaint will be filed. This is something to discuss with your attorney.


  3. The quick answer is no. Florida has a 2 year statute of limitations in medical negligence case.There are limited exceptions however I am not sure the damages you describe are worth the fight.


  4. Hard to tell on those facts. Consult with a local medical malpractice attorney.


  5. Probably not. What you have described is a medical malpractice claim. Florida has a two year statute of limitations for medical malpractice claims. However, there are limited exceptions. It is always a good idea to consult a Florida attorney who handles medical malpractice claims.


  6. Possibly, but this is the law you must consider:
    The Statute of Limitations provides a period of time in which your lawsuit must be filed, and in the event a lawsuit is not filed within that time, you may be forever barred from taking any further legal action.

    It is important to note that an action for medical malpractice shall be commenced within two (2) years from the time the incident giving rise to the action occurred or within two (2) years from the time the incident is discovered or should have been discovered with the exercise of due diligence.
    It is best you consult a lawyer immediately. See www.FL-PI-Lawyer.com


  7. Florida Med. Mal. SOL is 2 years, so unless there are special circumstances there is nothing you can do. I would recommend consulting with a Med. Mal. attorney just in case.


  8. 2 year SOL with exceptions, so check with one of the above attorneys to see if an exception is involved.

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