Medical malpractice occurs when a doctor or other medical professional fails to provide adequate care to a patient, causing them harm. In the state of Florida, there are specific laws in place that govern medical malpractice suits. If you or a loved one has been a victim of medical malpractice in Florida, it is important to know your rights and the laws that apply.
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Statute of Limitations
The statute of limitations is the time limit in which a malpractice claim can be filed. In the state of Florida, the statute of limitations for medical malpractice claims is two years from the date that the injury occurred, or two years from the date when the injury should have been discovered. There are some exceptions to this time frame, such as cases involving minors or cases where a foreign object was left inside the patient’s body.
Damages
In a medical malpractice suit, damages refer to the harm that the patient suffered as a result of the medical professional’s negligence. In Florida, there are two types of damages that can be awarded: economic and non-economic.
Economic damages include things such as the cost of medical treatment, lost wages, and future medical expenses. Non-economic damages include things such as pain and suffering, emotional distress, and loss of enjoyment of life. There are no caps on economic damages, but there is a cap on non-economic damages. The cap for non-economic damages in Florida is $500,000, unless the malpractice resulted in death or a catastrophic injury, in which case the cap is $1 million.
Expert Witness Requirements
In order to file a medical malpractice suit in Florida, it is necessary to have an expert witness. An expert witness is a medical professional who can testify as to whether the defendant’s actions met the required standard of care.
In Florida, the expert witness must be licensed and practicing in the same field as the defendant. Additionally, the expert witness must have been practicing in the same field for at least the last three years.
Pre-Suit Requirements
Florida has pre-suit requirements in place for medical malpractice suits. The purpose of these requirements is to encourage settlement negotiations without the need for a lawsuit.
Before a lawsuit can be filed, the plaintiff must provide the defendant with a notice of intent to sue, along with medical records and a written opinion from an expert witness. The defendant then has 90 days to investigate the claim and offer a settlement.
Joint and Several Liability
In some cases, more than one party may be responsible for the medical malpractice. In Florida, joint and several liability means that each defendant is responsible for paying the full amount of damages, even if they were only partially at fault.
If one defendant cannot pay their share of the damages, the other defendants are responsible for paying that amount as well. Florida has a 10-year statute of repose for joint and several liability cases.
Conclusion
If you or a loved one has suffered harm as a result of medical malpractice in Florida, it is important to seek legal advice as soon as possible. Florida’s medical malpractice laws are complex and can be difficult to navigate without the help of an experienced attorney. By understanding these laws and your rights, you can work towards obtaining the compensation you deserve.