Statute of Limitations & Statute of Repose in FLORIDA (TOLL) I need information if my case would be acceptable and lifted for the SOL in FL. I have talked to several attorneys on here and am going to meet with a very good one here in Miami this coming week. My question was concerning about a malpractice that was done to me at the age of 14 and how it is still effecting me to this day yet I am recovering and am now alert on what is actually happening and am able to do something about. To not unleash paragraphs of what happened the lawyers said (one being from florida) that the SOL starts at 18 if this happened to me as a minor and that I have two years to file a lawsuit. However that it could be tolled for various reasons one being that I was still taking the medication at the age of 20. I have recently got off all the medications at the age of 21 and have several hospital, emergency room, doctor records and bills and it has cause major progress damage in my life as I am completely re cooperating from the horrors and years of suffering from the misdiagnosis/medication.The actual error when I was 14 continued as I grew older and although the SOL refers to this specific incident how would the newer incidents such as being prescribed more medicine, or different medicine I did not need or perhaps misdiagnosis at the age of 18 and 19 not apply to a new lawsuit ? or could this be seen all together. I hope you understand what I am trying to say and if I make a valid point! (the questions and detailed info are in my other questions if there viewable) Please help me get more facts! Thank you,Manny
Country relating to Question: United States
State (if USA): Florida
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Hi, Welcome to JustAnswerMy name is XXXXX XXXXX X would be glad to help Q1. Could you tell me in one sentence what was misdiagnosed when you were 14?2. Did a different doctor misdiagnose you at ved when you were 18 and a adifferent doctor at 19 ?Thank you,
Hi Andrea at 14 I was prescribed Abilify for schizophrenia and bipolar disorder which is also used off label for irritation, depression. It was not approved for children by the FDA at the time and it caused tons of adverse effects growing up leading into the hospitalizations and misdiagnosis of many kinds as well as other medication(stronger even) and another fact is that anti psychotics even if I was an adult are not prescribed for depression or the sort UNLESS the antidepressant medication is not effective. I never had taken any antidepressant prior to taking Abilify.When I was 18 I was diagnosed with Rage , Schizophrenia, Bipolar Disorder, Bipolar I, Delusional and all sorts of psychosis from different doctors and hospitals judging by the way I was(influence of the psychotic medicine) and the fact that I was on the medication they thought I had to had been on it for a very good reason. I was just a kid talking about how I as bullied.Today I am off the medication(s) and have no diagnosis and feel 100x better but am still recovering and have many bills, records of the terrible suffering I went through.
Yes a different doctor misdiagnosed me sorry for not stating that early, in fact not just one.
Relist: Other.I am not sure if I am going to receive an answer and just want to make sure. It was not that I as misdiagnosed at 14 it is that the malpractice was the medication in itself and then it lead into the misdiagnosis and further malpractice.
Hi, Manny, Thank you for your information, and for your patienceAnswer
1. "Medication" cannot commit medical malractice. Medical Malpractice can only be committed by one who provides medical services and the malractice is measured by how far below the acceptable standard of medical services of other similar medical providers in the community.
2. The Medical Malpractice of other Medical providers who diagnosed you at 18 and 19 might be that their malpractice aggravated a preexisting condition (The state of being misdiagnosed was compounded ). This differentiation can only be made by an exert in the medical field. 3. The TwoYear --Statute of Limitations for filing a lawsuit based on Medical Malpractice does not begin to run for a minor until the minor reaches their 18th birhday. The Florida State of Limitations for Medical Malractice is tolled (Stops running) during the time the injured party could not have known about the malractice, until a time when the injured party should have known, or with reasonable investigation and due diligence should have discovered the Medical Malractice. But in no event shall the Statute of Limitations be tolled beyon ten years. There is no definite Answer for this because it is determined by the facrs and circumstances of the case and is a question for the "Trier of Fact" to determine under the facts and circumstances of the Plaintiff's case, when would a resonably prudent person have discovered the Medical Malpractice. You should argue that you should have the maximum amount of time for which the Statute of Limitations is tolled (10 Years) because if it was the medical provider's malpractice which caused you to be unable to ascertain anything, then the docto should ot be able to benefit by giving you a shorter eriod in which you should have discovered it .
Please leave some Positive Feedback, Thank you, ANDREA
25 Yrs. Family Law, Estates, Real estate & Bus. Law, Criminal Defense, Immigration, Employment Law
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