Why Is It So Hard To Sue For Medical Malpractice?

We understand that medical malpractice cases can be some of the most complex in the legal profession. There are many reasons for this, and plaintiffs will often find themselves fighting an uphill battle due to various challenges. You will need the best legal representation possible to give you a fighting chance.

Below are just a few factors that you and your counsel need to consider. 

One of the biggest differences between medical malpractice cases and others is the protocol involved before the litigation even begins. In the state of Florida, medical malpractice has its own unique statute of limitations and presuit process that governs these matters. 

Typically, a plaintiff is required to take legal action within two years from the time of the injury or two years from the time they discovered a medical malpractice incident occurred, but NOT to exceed four years from the actual date of the alleged incident. There are only a few exceptions to this four-year rule, that apply to cases involving minors or fraudulent actions committed by the defendant.

These time constraints and presuit procedures can add pressure to lawsuits and require plaintiffs to proactively file their case. For this reason, it is especially important that victims seek counsel that have both knowledge and experience in this area as soon as they suspect medical malpractice may have occurred.

Once counsel has been found, it is imperative that these lawyers are familiar with the process of taking a case to trial. While this may be straightforward for some lawyers, others can be unfamiliar with the proper sequence of actions. The early stages of a case are often some of the most important, as they set the groundwork for the suit and investigation. For this reason, finding experienced attorneys could make or break your case.

Aside from the practices, it is also important to be familiar with the common arguments used to defend medical malpractice cases. While every claim has its own set of facts and issues, there are several common defenses that healthcare professionals will take. These arguments typically involve blaming victims, blaming other doctors, or denying all liability for the event. 

At Grossman Roth Yaffa Cohen, our experienced attorneys, staff and trusted medical experts have all the tools necessary to help you have the best outcome possible. Over the last 30 years, we have secured countless successful verdicts and settlements throughout Florida and the nation. Our knowledge in medical malpracticepersonal injury and complex litigation cases can help you get the justice you deserve. 


If you suspect that you or a loved one is a victim of medical malpractice, see how Grossman Roth Yaffa Cohen can help. Check out our practice areas page to learn what our teams specialize in and fill out the form at the bottom of our home page, or call +1 (888) 296-1681 for a free consultation.