Sometimes, something goes wrong, and a patient suffers serious harm because of a healthcare provider’s negligence. When this happens, the state’s medical malpractice laws provide the patient with a legal option for holding the negligent party accountable and recovering much-needed compensation.
In addition, these cases set standards and enforce consequences that doctors and other care providers could face if they do not provide an acceptable standard of care.
Discussing your experience and potential case with a Florida medical malpractice lawyer can help you better understand how these laws work and your rights and options based on them.
Malpractice Laws Define The Standard Of Care For Medical Professionals
Under Florida Statute § 766.102, Florida law holds medical care providers to a specific standard of care. This is the care a reasonably competent provider would offer under the given circumstances. This standard of care applies to a wide range of healthcare providers, including:
- Doctors
- Surgeons
- Nurses and nurse practitioners
- Hospitals, clinics, and surgical centers
- Pharmacists
When a provider fails to provide an acceptable standard of care and the patient suffers harm, this could support a medical malpractice case. With evidence that they failed to provide proper care, the patient can file a claim against them and seek compensation for their injuries, disabilities, or a loved one’s wrongful death.
The State’s Malpractice Claims Process Encourages An Early Settlement
State medical malpractice laws have specific procedures and requirements you need to follow to ensure you have a legitimate claim before filing a med mal lawsuit. This pre-suit investigation includes:
- Conducting a thorough investigation into the incident and injuries
- Obtaining a sworn expert medical opinion from a qualified healthcare professional stating that malpractice likely occurred
- Serving a Notice of Intent to Initiate Litigation to the accused parties and giving them 90 days to respond
At the end of this 90-day period, the accused care providers have the option of making a settlement offer or refusing responsibility and facing a lawsuit. Often, the doctor, hospital, or insurance company will negotiate a settlement at this time without forcing the case to trial.
Florida Medical Malpractice Laws Offer Access To The Courts For Injured Patients
While some cases settle, others require filing a lawsuit and asking a judge or jury to issue a verdict and award fair compensation. This is a way for injured patients and their families to recover money for the costs and losses they suffered. This could include:
- Medical care costs
- Future medical support and management
- Lost income
- Reduced earning capacity
- Pain and suffering
- Other economic and non-economic damages
- Wrongful death damages for surviving family members
Having the right to sue a healthcare provider is a powerful tool for injured patients. It ensures doctors and hospitals can be held accountable for their negligence and victims have a route to recover financial resources even if the liable parties refuse to accept blame.
These Laws Ensure You Have A Strong Expert Witness On Your Side
Winning a medical malpractice case in Florida requires strong testimony from an expert witness. These witnesses must provide reliable confirmation that malpractice likely occurred. To ensure this happens, the state has strict requirements for who can serve as an expert witness in a Florida malpractice case. They must:
- Be licensed in the same or a similar field as the defendant
- Have recent clinical experience in the same specialty
- Not devote the majority of their practice to testifying in legal cases
Your attorney will have access to a network of professionals who can serve as qualified medical experts in malpractice cases in Florida. They will ensure you have a non-biased, well-qualified expert supporting your case.
Malpractice Laws Hold Healthcare Providers Accountable
By allowing injured patients to file claims and recover damages, Florida’s malpractice laws create accountability for providers. If a doctor or institution is found liable, they might:
- Be ordered to pay damages
- Be reported to licensing boards or medical review panels
- Face disciplinary action
- Be forced to improve safety protocols and standards of care
Medical malpractice cases not only benefit injured patients, but they also help improve the overall safety and reliability of the healthcare system for future patients.
Florida’s Malpractice Process Protects Families After A Wrongful Death
Under Florida Statutes § 768.21, eligible family members can recover damages when a loved one dies due to medical malpractice. Surviving spouses, children, and sometimes parents may seek and recover:
- Funeral and burial expenses
- Lost financial support
- Loss of companionship
- Loss of services
- Medical care costs prior to death
- Compensation for their own mental pain and suffering
The state’s wrongful death laws work alongside the medical malpractice legal process to allow families to pursue damages and hold the at-fault parties responsible in these tragic cases.
Time Limits Ensure Accused Parties Cannot Delay Medical Malpractice Cases
Florida medical malpractice cases have several deadlines in place that create a timeline for how these cases proceed. This includes the 90-day investigation period after victims serve the Notice of Intent to the accused parties and the general deadline to sue set by the statute of limitations under Florida Statutes § 95.11.
In most cases, patients have two years from the date they discovered or should have discovered their injuries. However, determining when a deadline is for a particular case can be complex, especially if the injuries were not discovered immediately. Working with an attorney as soon as you learn about your injuries will protect your rights.
Discuss Your Florida Medical Malpractice Injuries With Our Team
If you believe you or a loved one suffered harm due to medical negligence, our team can help you understand your rights and take the necessary steps to hold the negligent care providers accountable. At Anidjar & Levine, we provide free consultations. Contact us today to get started. If you were hurt, we can help.
