Yes, compensation is available if you can show that you suffered harm due to a healthcare provider’s negligent medical error. Florida law allows you to file a medical malpractice lawsuit against the responsible provider or facility based on your injury and the medical error that caused it.
To recover compensation, you must show the healthcare provider failed to meet the recognized standard of care and that this caused your injury or a loved one’s death.
Having a Florida medical malpractice lawyer from our team managing your case provides the guidance and advocacy you need during this challenging time.
What Types of Compensation Are Available Based On Medical Error Injuries?
Florida law allows injured victims to file a lawsuit and recover damages. Through a settlement or verdict, victims can recover economic and non-economic damages that could include:
- Past and future medical care expenses
- Lost income
- Reduced earning capacity
- Related costs with receipts
- Pain and suffering
- Emotional distress
- Reduced enjoyment of life
- Other intangible losses
Rarely, a medical error occurs because of egregious misconduct. When this occurs, the court could award punitive damages. This is not common in these cases. However, our attorneys can discuss this possibility with you if it seems relevant to your case.
When a victim passes away from medical error injuries, a personal representative may recover compensation for related expenses and losses, such as funeral costs, loss of financial support, loss of companionship, and related medical bills.
How Do Medical Errors Cause Injuries?
Medical errors occur in a wide range of ways and cause various injuries from relatively minor to life-threatening. Some common examples of medical errors that can occur because of a healthcare provider’s negligence include:
- Misdiagnosis or delayed diagnosis
- Failure to provide the proper treatment
- Surgical mistakes, such as failing to remove equipment
- Anesthesia errors
- Medication errors, such as the wrong drug or dosage
- Birth injuries
- Failure to monitor or respond to complications
Depending on the type of error and the harm it causes, a medical error could lead to serious health consequences for the patient. This could include worsening of their medical condition, permanent disability, loss of function, or even death. Sometimes, these errors can have immediate symptoms, but many do not become apparent for hours, days, or even longer. This can make it difficult to tie the symptoms to the cause.
Who Might Be Liable For A Medical Error?
Liability in a malpractice case based on a medical error could focus on one healthcare provider or extend to include several providers or even the facility where they work. Some possible defendants in these cases include:
- Surgeons, primary care doctors, specialists, and other doctors
- Nurses, nurse practitioners, or physician assistants
- Hospitals or clinics
- Pharmacists or pharmacies
- Other trained medical care providers
- Diagnostic labs or imaging centers
When facility staff act negligently, the hospital or clinic is often vicariously liable under the respondeat superior doctrine. They could also be directly liable if they failed to train staff or require strict adherence to the regulations in place to prevent medical errors.
What Do I Have to Prove to Win a Case Based on a Medical Error?
Florida law requires you to provide evidence to showthe accused party acted negligently. A simple mistake is unlikely to support a case. Instead, your case must prove:
- You had a provider-patient relationship with the accused party, meaning they owed you a duty of care
- The provider failed to act as a reasonably competent healthcare professional would under the circumstances, failing to provide an acceptable standard of care
- Their action or inaction directly caused your injuries
- You suffered actual harm or loss because of the injury
The Florida medical malpractice laws also require you to navigate a presuit process that includes providing a written affidavit from a qualified medical expert who will affirm that your claim has merit. Only then can you notify the prospective defendants of your intention to sue and the 90-day presuit investigation will begin.
How Does The Severity Of Your Injuries And Symptoms Affect The Case Outcome?
The nature and severity of your injuries could significantly affect both the value of your case and the legal strategy used. When a medical error leads to long-term or permanent impairments, the payout is typically be higher. You will have future expenses and losses to consider, including future medical needs, lost income, and overall reduced quality of life.
If your symptoms do not appear until sometime after the error occurs, it may be more challenging to recover compensation. You will need to establish when the injury was or should have been discovered and tie it to the error. This makes the medical expert’s testimony even more important.
You should also consider the emotional and psychological effects of medical negligence and suffering injuries related to a medical error. This could affect the non-economic portion of your payout. This is especially true if you have anxiety, depression, or PTSD or if the injuries affect your daily life.
How Quickly Do I Need To Act After Discovering My Injuries?
There are strict deadlines in Florida medical error cases. Usually, the statute of limitations is two years from the date the patient knew or should have known about the injury under Florida Statutes § 95.11. Most cases also have a statute of repose (final deadline) of four years from the date the medical error occurred.
However, determining the deadlines in these cases is not always clear-cut. Our team can help you understand the laws that apply in your case and protect your right to sue as long as we know about your case in time. Contact us as soon as possible after you discover your injuries.
Talk to Our Florida Malpractice Team About Your Medical Error Injuries
The Anidjar & Levine medical malpractice team provides free consultations for victims and their families in Florida. When you trust our team with your case, we investigate the facts, consult with medical experts, handle presuit requirements, and fight for the compensation you deserve. If you are hurt, we are here for you. Contact us today to learn more.
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