We place our faith in the hands of medical professionals when we’re sick or injured, but what happens when they cause more damage than good? If you believe that you or a loved one have been the victim of medical negligence, you may be entitled to compensation that can help you cover things like medical bills, lost wages and even pain and suffering. An experienced personal injury attorney can help you understand your rights, develop your medical malpractice case and seek the justice your family deserves.
In this article, we explain what medical malpractice is, the elements needed for a malpractice lawsuit, the damages you can pursue and the laws that dictate Florida medical malpractice claims.
What Is Medical Malpractice?
Medical malpractice is a subcategory of tort law that specifically addresses oversights or negligent actions made by healthcare and medical professionals that result in patient injury. Medical malpractice can take place at any point in someone’s healthcare journey, including during their:
- Diagnosis
- Treatment
- Aftercare
- Continued health management
What Constitutes Medical Malpractice?
Medical malpractice can occur in a wide range of areas and situations, such as when a/an:
- Medical professional improperly administers anesthesia: Anesthesia is the substance given to patients that causes them to lose consciousness during surgical procedures. When improperly administered, it can result in anesthesia awareness, meaning the patient isn’t awake, but is aware of what’s going on during their procedure. This can be quite painful, which is why it’s considered a form of medical malpractice.
- Patient sustains a preventable injury while receiving medical care: Sometimes medical professionals make errors that result in unnecessary injuries. For example, if a surgeon mistakenly operates on the wrong part of a patient’s body, it can result in permanent disfigurement.
- Medical professional injures a baby during labor: Unfortunately, some medical interventions that are commonly used during labor and delivery can result in birth injuries. Though there are certain acceptable risks, if a baby is injured due to the improper use of an intervention, or because the medical provider failed to use an intervention altogether, it can be considered medical malpractice.
- Patient receives a delayed diagnosis or misdiagnosis: If a medical provider delivers a misdiagnosis, it can result in the patient receiving the wrong course of treatment, therefore preventing them from getting the necessary treatments. Medical malpractice also occurs when a medical professional fails to order diagnostic tests.
Healthcare facilities are required to ensure the proper care and safety of their patients. If an incompetent staff member’s negligence inflicts harm on a patient, the hospital could be held liable in a malpractice suit.
The Elements Of A Medical Malpractice Claim In Florida
In order to file successful medical malpractice lawsuits in Florida, your claim must include:
- Damages: Medical malpractice claims typically take time and courts rarely consider them unless they resulted in a serious injury that caused extensive suffering, pain, time off of work and medical expenses.
- Unforeseeable injuries: Florida law dictates that your medical malpractice claim must show that your injury wasn’t an inevitable result of your medical treatment.
- Proximate causation: In medical negligence cases, it’s the claimant’s responsibility to prove that the healthcare provider’s negligence was the “proximate cause” of their injuries. In other words, you must present evidence that your injuries wouldn’t have occurred if it weren’t for the doctor’s negligence.
- Breach of the standard of care: When you seek medical attention, you expect a certain level of care. An effective medical malpractice claim establishes that the nurse or doctor in question breached the acceptable standard of care. In Florida, you must prove this by getting a sworn affidavit from an expert witness. This medical expert must work in the same field as the defendant, review your medical records and agree that your injuries could have been reasonably avoided if it weren’t for the doctor’s medical negligence.
- Notice-of-intent: Before you can file a medical malpractice claim in Florida, you are legally required to serve the healthcare provider with a notice of intent. A notice of intent must include an affidavit of merit from a medical expert stating that your medical malpractice claim is valid.
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Economic And Non-economic Damages You Can Pursue
If an expert witness validates your claim and agrees that the healthcare provider breached the standard of care, and you have evidence that indicates proximate cause, you can pursue compensation. There are two primary types of damages that a malpractice claimant can pursue: economic and non-economic. Economic damages cover things like lost wages or medical bills, while non-economic damages include intangible things, like inconvenience, suffering and pain. Florida legislature (Fla. Stat. Ann. 766.18) places a $500,000 cap on the non-economic damages you can pursue in a medical malpractice lawsuit against certain medical practitioners, like a surgeon or doctor.
There is an exception to this statute. If the malpractice resulted in someone entering a vegetative state or a wrongful death, the cap for non-economic damages is $1,000,000.
Florida Medical Malpractice Laws
There is a medical malpractice statute of limitations in Florida that establishes a deadline for filing a malpractice claim. Once a patient knows or should have reasonably known about an injury caused by medical malpractice, they have two years to file a lawsuit. Since the two-year statute of limitations is dependent on the patient’s realization that the injury resulted from medical negligence, it can be difficult to calculate.
Once you serve the notice of intent, the settlement process begins. The beginning of this process initiates the statute of limitations. If the defendant decides that they don’t want to settle before 90 days are up, you have either the remainder of the statute of limitations or 60 days to file your lawsuit, whichever gives you more time. If you need more time to find a medical expert to investigate your case, you can file for an investigation period before the deadline passes and gain an extra 90 days.
Though the statute of limitations already sets a time limit, there is also a statute of repose, which gives claimants a maximum of four years after the malpractice to file their claim. You can extend the statute of repose to seven years if you’re able to prove that the healthcare provider committed misrepresentation, concealment or fraud.
Among the Florida statutes, there is also a statute of repose specifically for children that says that a child’s malpractice claim can’t be cut off before their eighth birthday. The two-year statute of limitations still applies if the child’s guardian or parent knew or should have known that the injury was probably caused by malpractice.
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Contact Florin|Roebig Medical Malpractice Attorneys
If you or a loved one have been the victim of medical negligence, you may be entitled to compensation. An experienced Florida medical malpractice lawyer can help you navigate the process and get the justice you deserve. The law firm of Florin|Roebig understands malpractice insurance and can help you pursue economic and/or non-economic damages, regardless of a hidden disclaimer. Call us today for a free consultation.
