Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
Florida has a two-year statute of limitations for claims for medical malpractice. So if the surgery was more than 2 years ago, you will not be able to bring that claim. Yes, a doctor's assessment is required. Expert testimony is required from a doctor who, at a minimum, has reviewed all your medical records and concluded that the doctor who did your surgery fell below the standard of care and that his negligence is the cause of your damages. A medical malpractice claim would be a suit against the doctor personally, as well as an corporate entities you find responsible. The only way around the statute would be if you did not discover the malpractice for some time after the surgery, and you could not have reasonably discovered it until you did. You need an attorney though. It is very complex, and a lot of money is needed to pay the expert witnesses and gather discovery.
I am sorry for what happened to you and that the law in Florida does not favor you in this situation. However, I would hope that you would not blame me for telling you the truth, nor blame lawyers generally for the state of the law. Lawyers do not write the laws. Legislators write laws to protect doctors from litigation. They call it "tort reform" and say it is needed because of all the greedy lawyers who want to sue everyone, such that the doctors can not afford malpractice insurance. Sure, there are some lawyers in the legislatures, but lawyers mostly fight AGAINST tort reform and against short statutes of limitations because lawyers want to be able to sue doctors when they screw up, myself included.