When something goes wrong in the doctor’s office or hospital, it’s easy to second-guess yourself. You might wonder: “Was this avoidable?” or “Do I even have a case?” At Hoffman, Larin & Agnetti, we’ve helped countless clients find clarity in these moments of uncertainty. Unfortunately, too many victims of medical malpractice hesitate to take action—not because they don’t have a case, but because of widespread myths that make them feel powerless.
Here are five of the most common misconceptions we hear, and why they shouldn’t stop you from seeking justice.
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“I Signed a Waiver, So I Can’t Sue.”
Waivers are standard in many medical procedures, but they don’t give healthcare providers a free pass for negligence. A waiver cannot protect a doctor or hospital if they fail to meet the standard of care required by law.
In Florida, gross negligence for a doctor is defined as conduct that is so reckless or wanting in care that it constitutes a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct. This is a higher degree of negligence than ordinary negligence, which is simply the failure to exercise reasonable care.
To be valid, the waiver must include specific language from the Florida Constitution and requires the claimant to acknowledge that they have been advised of the importance of the constitutional right they are waiving and have had the opportunity to consult with an attorney.
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“The Doctor Didn’t Mean to Hurt Me—It Was an Honest Mistake.”
Doctors are human, and mistakes happen. But in the eyes of the law, intent doesn’t matter. Medical malpractice focuses on whether a provider failed to meet the expected standard of care. If a reasonable doctor in the same situation would have acted differently, you may have a case.
The Truth: You’re not suing someone for being a bad person—you’re holding them accountable for a professional failure that caused you harm. It’s about protecting yourself and ensuring others don’t suffer the same fate.
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“I Can’t Afford a Lawyer for This.”
This is one of the biggest reasons people don’t pursue a claim, and it’s one of the most heartbreaking. At Hoffman, Larin & Agnetti, we work on a contingency fee basis, which means you don’t pay us unless we win your case. No upfront fees. No surprise bills. Just a commitment to fighting for you.
The Truth: Medical malpractice claims can be expensive to pursue due to the need for expert witnesses and thorough investigations. That’s why it’s important to have a firm like ours with the resources to go head-to-head with insurance companies and hospitals.
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“I Don’t Have Enough Proof.”
You don’t need to have all the answers before speaking with an attorney. That’s our job. We gather medical records, consult experts, and build a strong case on your behalf. Many clients come to us with just a gut feeling that something went wrong—and they’re often right.
The Truth: Even if you’re unsure about what happened, reach out to an experienced medical malpractice attorney. A skilled legal team can uncover evidence you didn’t even know existed.
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“It’s Too Late to File a Lawsuit.”
Florida has strict deadlines (statutes of limitations) for filing medical malpractice claims, but it’s not as cut-and-dried as many people think. In Florida, you generally have two years from the date you discovered (or should have discovered) the injury to file a claim. However, there are exceptions:
- If a healthcare provider concealed the malpractice, the timeline might be extended.
- For minors or certain other cases, additional time may apply.
The Truth: Don’t assume you’ve run out of time. Consult an attorney as soon as possible to preserve your right to file.
Don’t Let Myths Hold You Back
At Hoffman, Larin & Agnetti, we’ve spent decades helping medical malpractice victims across South Florida navigate the complexities of the legal system. We know how overwhelming it can feel to take the first step—but we’re here to guide you every step of the way.
If you’ve been injured due to medical negligence, don’t let misinformation stop you from seeking justice. Let’s get the answers—and the compensation—you deserve.
Call us today 24/7 for a free consultation at 305-653-5555. Text us at 305-653-1515. Email us at [email protected] or fill out the form below and we will call you.
Our experienced medical malpractice attorneys will see you at any of our four locations, at your home, or in the hospital anywhere throughout Florida.
