Medical Malpractice in Florida
Medical malpractice arises when a doctor or medical facility harms a patient. There are different medical malpractice laws per state, so you should review your state’s laws to determine whether you have a case. These laws can influence the statute of limitations for filing a medical negligence claim. Additionally, they can dictate whether you have to notify the doctor or medical facility beforehand.
What Evidence Do I Need for Florida Medical Malpractice Claims?
The burden of proof falls on the injured party in filing a medical malpractice claim. To prove your case, there are several conditions you must establish. An experienced Florida medical malpractice lawyer can guide you through this entire process.
While there can be some differences in details based on the state in which you file your claim, there are some standard benchmarks to try and hit.
- There was a working relationship between the doctor and the patient.
- There was negligence on behalf of the doctor – You must prove the doctor was negligent in his or her diagnosis. You cannot sue a doctor for medical malpractice simply because you did not like their treatment or diagnosis.
- There needs to be cause and effect – Cases usually involve long-term injuries. You must prove the injuries referenced in the claim are a direct result of the doctor’s care and not because of any pre-existing condition.
- The injury represented in the claim led to further injury – You cannot sue for malpractice unless you suffer a direct injury. There are multiple types of pain that any Florida patient can sue for currently.
It’s worth considering that Florida Statutes place the burden of proof on the claimant in a lawsuit. Furthermore, medical professionals do not have liabilities when they act in good faith, and within the standard of care of the time.
Hospital Responsibility
You might wonder if you can also hold the hospital or facility accountable for a doctor’s malpractice. In most cases, hospitals cannot be sued for a doctor’s actions because many doctors are independent contractors, not direct employees. However, nurses and other hospital staff are typically employed directly by the facility. If malpractice involves one of these employees, there may be grounds to sue the hospital. Unless the doctor is a direct employee, the facility is generally not liable for their actions.
Types of Medical Malpractice
As long as you meet the conditions to file, you have grounds to file a claim, but you will need to decide in which category your claim falls. The most common categories include the following:
- Wrongful treatment – A doctor treats you poorly and in a way that no other credible medical professional would.
- Failure to diagnose correct illness – The doctor misdiagnosed your malady and caused an injury.
- Failure to disclose risks to patients – The doctor fails to inform you of the medical risks. Or, they did not carry out their duty of informed consent. As a result, their inaction prevented you from making an informed decision about the procedure or treatment.
There are additional categories or reasons for filing a lawsuit, such as the following doctor errors:
- Misreading or ignoring test results from the lab
- Making surgical errors
- Not following up properly or not offering adequate post-care
- Performing unnecessary procedures or surgeries
Damages Available in Florida
There are three types of damages a court will award for medical malpractice.
- General damages – Compensation for physical or mental suffering due to the negligent actions of the doctor
- Punitive Damages – Damages awarded as punishment for the medical professional or facility at fault
- Special Damages – Damages for expenses from medical bills and lost wages
Florida Statutes limit the damages in a medical malpractice case to $500,000. This fact may be critical considering how this event may have impacted your finances or quality of life.
Statute of Limitations
Medical malpractice claims carry a strict statute of limitations, which vary depending on the state. If you do not file the claim within the statute of limitations, the court will dismiss the case with prejudice regardless of the facts.
The State of Florida gives victims of medical malpractice two years from discovering the incident to file a lawsuit. Putting together a case can take time, so in reality, this is a relatively short amount of time to act.
Medical Malpractice Review Panels
In some states, you must first submit your claim to a review panel of medical experts. The panel hears the evidence and expert testimony to decide whether malpractice occurred. Keep in mind, their decision does not equate to a court’s decision. Still, the panel is often a necessary step in building toward a lawsuit. Furthermore, it can lend significant credibility to a claim. The findings of the review panel will make their way to court, and the court often references them to influence its ruling.
The Florida Health Care Complaint Portal collects malpractice complaints and refers them to a state agency. Submitting a report here can be the start of finding justifications for your lawsuit. If investigators refer the case to the courts, the details found and the punitive measures taken can be significant. For example, anyone can look up disciplinary records published by the Florida Department of Health.
Do I Need to Hire an Attorney?
Medical malpractice claims in Florida can be complex and difficult to prove. It can be an overwhelming task, especially if you are still suffering as a result of the doctor’s actions. We recommend consulting with a personal injury attorney in Florida with experience in medical malpractice.
A medical malpractice attorney can help you in many ways to put together your case. Working with an attorney means he or she will often do the following:
- Build your case
- Collect important evidence
- Find expert witnesses to testify on your behalf
- Help you prepare for the malpractice review panel
- Take your claim to court
Work with an Experienced Local Lawyer in Florida
Since your case is incredibly important to you, it makes sense to seek legal help. You should at minimum consult with a qualified Florida attorney who is familiar with such cases. We can even help you connect with an attorney across Florida state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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