For patients in any state, including the state of Florida, a right to medical care and treatment free of medical malpractice is guaranteed once a patient enters into a doctor-patient relationship. As part of the doctor-patient relationship established when receiving treatment at a hospital, a patient is guaranteed the legal right to obtain treatment free of neglect. For claims involving hospital neglect and patients, the determination of whether a given case constitutes neglect will require a patient to consult with an actively practicing Florida medical malpractice lawyer. An evaluation of the case, which will determine whether a given claim is a viable medical malpractice claim for neglect, will revolve around establishing whether a given patient’s care and treatment were beneath the applicable standard of care.
How the State of Florida Establishes Neglect in Medical Malpractice Claims
Much like every other state, establishing a viable claims case with a cause of action involving medical negligence and neglect will require a patient to prove his or her treatment fell below the applicable standard of care. As part of filing any claim, a patient must forward notice to the courts with a verified affidavit including testimony from a medical expert that his or her case did in fact involve care and treatment that fell below the applicable standard of care. The only exception, per Florida case law, is in cases involving obvious negligence visible to laypersons.
Requirements for Filing Claims of Hospital Patient Neglect and Florida Statutes
The following Florida medical malpractice laws will influence a patient’s ability to recover damages as the result of medical negligence involving patient neglect in a hospital:
- Vicarious liability laws in the state of Florida will most likely support a patient’s attempts to hold both an individual medical staff member or members, as well as hospital facility itself liable for damages, most notably per the theory of corporate negligence, apparent agency, or theory of joint venture.
- The statute of limitations applicable to any medical negligence claim in the state of Florida requires patients to file claims no later than two (2) years following an incident of neglect, or from the date when the neglect should have reasonably been discovered. The statute of limitations is slightly different for minors and mentally incompetent individuals.
- Damage caps in the state of Florida mandate that any punitive damages in excess of three (3) times the compensatory damages are to be considered unreasonable, save for cases involving a court order stating that is not, which may prove applicable in certain neglect cases.
Getting Legal Help with Hospital Patient Neglect Cases in Florida
For patients, the only accurate method of determining one’s legal rights following a perceived instance of hospital patient neglect is through consulting a medical malpractice lawyer. The factors and elements surrounding each individual claim will widely vary, and in turn, the applicable state laws in the state of Florida influencing a case will vary. Consult with a medical malpractice lawyer as soon as neglect and associated damages are incurred or discovered.
