An individual in Florida injured through medical malpractice has the burden of proof to show that the health provider was negligent and that the injury resulted from this negligence. The injury itself does not create a prima facie case that medical malpractice has occurred, unless the injury is a foreign body left inside the patient. Non-economic recovery shall not exceed $500,000 per claimant.
95.11(4)(b) Statute of Limitations/Repose
An action for medical malpractice shall be commenced within 2 years from the time the injury occurred or within 2 years from the time the injury is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child's eighth birthday.
766.102 Medical negligence; standards of recovery
In an action for recovery of damages, the claimant has the burden of proving by the greater weight of evidence that the alleged actions of the health care provider represent a breach of the prevailing professional standard of care. That standard is the level of care, skill, and treatment which is recognized as acceptable and appropriate by reasonably prudent similar health care providers.
If the injury arose from the provider's negligent affirmative intervention, the claimant must show the injury was not within the necessary or reasonably foreseeable results of the intervention if that intervention was in accordance with the prevailing professional standard of care by a reasonably prudent similar health care provider.
The existence of a medical injury does not create a presumption of negligence; however, the discovery of the presence of a foreign body is prima facie evidence of negligence on the part of the health care provider.
766.103 Florida Medical Consent Law
No recovery is allowed against a licensed provider or certified assistant when
- the provider's action in obtaining the patient's (or patient's representative) consent met the accepted standard of medical practice among members of the medical profession with similar training and experience in the same or similar medical community; and
- when a reasonable individual, from the information provided, under the circumstances would have a general understanding of the procedure, the medically acceptable alternative procedures or treatments, and the substantial risks and hazards inherent in the proposed treatment or procedures; and
- the patient would reasonably, under all the surrounding circumstances, have undergone such treatment or procedure had he or she been advised by the providers.
766.104 Pleading in medical negligence cases
No action shall be filed for personal injury or wrongful death arising out of medical negligence unless the filing attorney has made a reasonable investigation permitted by circumstances to determine that there are grounds for a good faith belief negligence occurred. Upon petition to the clerk of the court where the suit will be filed and payment to the clerk of a filing fee, not to exceed $42, an automatic 90-day extension of the statute of limitations shall be granted to allow the reasonable investigation required by subsection (1).
766.118(2) Limitation on Non-Economic Damages for Practitioners Negligence
In a cause of action for personal injury or wrongful death arising from medical negligence, regardless of the number of practitioner defendants, noneconomic damages shall not exceed $500,000 per claimant.
Find an attorney
If you were injured because of medical malpractice in Florida, you may have a cause of action. However, you retain the burden of proving that the defendant's action fell below the medically accepted standard of care. Your attorney must make a reasonable investigation before filing. Talk with an attorney to discuss your case.
