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

Asked 9 months ago - 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. Angelo Marino Jr.

    Pro

    Contributor Level 14

    11

    Lawyers agree

    Answered . 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

  2. Corey Americo Bundza

    Contributor Level 5

    9

    Lawyers agree

    Answered . 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.

  3. Megan Blancho

    Pro

    Contributor Level 7

    7

    Lawyers agree

    1

    Answered . 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.

  4. Jeffrey Robert Davis

    Contributor Level 14

    7

    Lawyers agree

    Answered . 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.

  5. Merry Melinda Fountain

    Pro

    Contributor Level 15

    8

    Lawyers agree

    Answered . 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... more
  6. Jesus Novo III

    Contributor Level 14

    6

    Lawyers agree

    Answered . 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.

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

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

  8. David Ian Schoen

    Contributor Level 20

    3

    Lawyers agree

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

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