Medical malpractice happens when a medical provider’s error harms a patient. Each state is the country establishes its own medical malpractice laws, therefore Florida malpractice law is unique to our state. In order to truly understand your possibilities for filing a lawsuit, you must understand a few medical malpractice terms.
It is important to note that not all medical mistakes are the result of medical malpractice.
Meaning of Florida Medical Malpractice Terms
What is negligence? One of the most important medical malpractice terms to understand is negligence. Medical malpractice is caused by the negligence of a healthcare or medical professional. The definition of negligence as it applies to the healthcare profession is that the professional in question violated the expected standard of care.
What is the standard of care in Florida? Considering all the facts pertaining to patient and his condition, the standard is defined as the level of care, skill, and treatment recognized as acceptable and appropriate by similar providers.
What is the Florida Statute of Limitations? All states establish a time limit regarding how long an injured patient can wait to file a medical malpractice lawsuit. In the state of Florida, the statute of limitations is two years. That is, a patient has two years from the time they knew that an injury occurred due to negligence.
What is the Statute of Repose? An addition limitation on claims in Florida is the statute of repose. This statute states that barring extenuating circumstances, healthcare providers cannot be sued in court or medical malpractice more than four years after the incident takes place. Although it may take some time for patients to realize they have sustained an injury, this statute stipulates that they must become aware of the injurious action and file within 4 years. It is therefore imperative that you seek legal assistance as soon as you become aware of the injury.
Exceptions to the statute include cases where fraud, concealment, or misrepresentation was perpetrated by the offending medical provider. If this can be proven, the statute’s time frame may be waived.
How Long Will it Take to Process a Case?
Typically, medical malpractice lawsuits take a long time, and can be very costly as well. Because both legal and medical expertise is needed to evaluate a case, expert witnesses are depended upon to explain all of medical evidence which supports your case. Unfortunately, that expertise can be very expensive.
The time it takes to pursue a lawsuit is often longer because you are not only dealing with the offending provider, but also with their malpractice insurance carrier. The insurance company is very motivated to keep the amount of the settlement as low as possible, and will fight hard to do so. They have an expert team of medical malpractice experts on their legal team – again necessitating that the person filing the claim has experienced legal counsel. This never happens in a few days or even weeks. Most Florida malpractice cases last months are longer.
What Can you Expect to Receive in Damages?
Some states across the county have established limits on how much money (damages) you can claim in a medical malpractice case. Damages are meant to compensate an injured individual for medical costs and lost wages, as well as pain and suffering.
In the state of Florida, there are is a $1 million dollar limit set for non-economic damages; which compensate an injured patient for pain and suffering. Florida also limits punitive damages, which are intended to punish wrongdoing. A malpractice case will only include punitive damages if the plaintiff can prove that the medical professional intended to cause serious harm.
If you feel you have a case for medical malpractice and live in the Sarasota or Bradenton area, call Probinsky & Associates. We can help you to determine the best course of action for your situation.
