Question 1

What if I had surgery but still have permanent symptoms — can I still have a case?

Accepted Answer

Yes. The question is whether earlier surgery would have produced better neurological outcomes. If imaging and records show you progressed from incomplete to complete CES during the delay, and expert testimony supports that earlier intervention would have changed that outcome, you have a viable claim.

Question 2

What if multiple providers were involved — the ER physician, the radiologist, and the neurosurgeon?

Accepted Answer

Each provider who contributed to the delay through negligent action or inaction can be named as a defendant. Florida permits multi-defendant malpractice claims, and liability can be apportioned among multiple parties based on each provider's contribution to the delay.

Question 3

How long does a CES malpractice case typically take?

Accepted Answer

Cases that resolve during the pre-suit period typically conclude within 6 to 12 months. Cases that proceed to litigation take longer — often two to three years — to reach resolution through settlement or trial.

Question 4

What if I signed a consent form before surgery — does that affect my claim?

Accepted Answer

Consent forms do not waive your right to sue for negligence. A consent form acknowledges the known risks of a procedure performed competently. It does not authorize a negligent delay in performing that procedure or relieve providers of their duty to diagnose and act with appropriate urgency.

Question 5

Does comparative fault affect my CES claim?

Accepted Answer

Florida's modified comparative fault rules apply differently to medical malpractice than to other personal injury claims. The legislature expressly excluded medical negligence from the 51% bar rule adopted in 2023. This means that even if a jury finds you partially at fault (e.g., if you delayed seeking care after symptoms began), you can still recover damages, though they will be reduced by your percentage of fault.

Burden of Proof

How to Prove a CES Delayed Diagnosis Malpractice Claim in Florida

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