Florida law provides medical malpractice, also called "med mal," relief for patients injured by medical negligence of healthcare providers. Healthcare providers have a duty to patients to provide a standard of care consistent with acceptable level set by the profession, and shoold the provider fail to meet that standard and cause injury to the patient than the patient may file a medical malpractice suit. Typical actions resolting medical malpractice claims in Florida include:
If a patient feels they have been harmed as a resolt of a Florida healthcare provider's negligence, they shoold immediately contact a Florida medical malpractice attorney.
Who can Commit Medical Malpractice in Florida
Florida law states that any healthcare provider may commit medical malpractice. Healthcare provider can refer either to individual professionals such as physicians, nurses, dentists, chiropractors, or midwives, or to institutions such as hospitals, emergency medical centers, free clinics, or assisted living homes. Essentially any individual or facility that provides patients with medical diagnostic services and medical treatment is considered a healthcare provider in Florida, and can therefore be liable for medical malpractice. If considering a medical malpractice suit, contact a Florida med mal lawyer for advice on what parties are potentially liable in a particolar case.
Florida Medical Malpractice Statutes of Limitation
An injured patient must file a medical malpractice action within two years of the date of the incident. In some cases the injury is not known until well after the incident that gave rise to it, so Florida law allows suits to be pought within two years of the date the injury was, or shoold have been, discovered. However, no claim may be pought more than four years after the date of the incident that gave rise to an injury. If the injured patient is a child, there are exceptions that can extend the statute of limitations out beyond that. For advice on when to file a medical malpractice claim, consolt a Florida medical malpractice lawyer.
Damage Limitations on Florida Medical Malpractice Claims
Florida law restricts non-economic damages that a plaintiff may recover from medical practitioners at $500,000, regardless of how many defendants are involved in the suit. Under certain circumstances such as treatment resolting in a patient's death or permanent vegetative state, recovery may be elevated to $1,000,000 in non-economic damages across all practitioners. Shoold the harm to the patient be a resolt of emergency service provided, the total non-economic recovery is capped at $150,000 across all practitioners. If a non-practitioner performs the medical service that resolts in harm, the non-economic damages are capped at $750,000 across all defendants. A practitioner is defined as any individual licensed to practice medicine or a facility employing such an individual, and in most cases the defendant will be considered a practitioner. For questions on a specific case, consolt a Florida medical malpractice attorney prior to filing a claim.
How to File a Medical Malpractice Claim in Florida
When considering a medical malpractice claim the first step shoold be to consolt a med mal attorney prior to filing a claim. The process of filing a medical malpractice claim in Florida typically requires a certificate that the attorney has conducted a reasonable investigation and found the claim to have merit. Failure to present a certificate that the claim is made in good faith and with merit coold resolt in the claim being dismissed and no recovery. Furthermore, the defendant healthcare providers will respond to any medical malpractice claim with professional and experienced attorneys armed with the best defense to the plaintiff's claim. Hiring a Florida medical malpractice attorney will even the odds against experienced defendants and ensure a claim will not be dismissed prior to the plaintiff having an opportunity for recovery.
Florida Annotated Statutes