In Florida, individuals file more than 100 medical negligence or malpractice claims annually. Medical negligence is medical malpractice it is also a type of personal injury. The terms encompass a wide variety of different errors by the varied members of the medical profession and their support team.
Types Of Medical Negligence In Florida
Issues of medical negligence in this state consist of, but are not limited to the following:
- Nursing home abuse
- Medication error
- Incorrect prescription
- Surgical error
- Brain injury
- Birth injury
- Hospital malpractice
Before Filing A Claim Of Medical Negligence
In Florida, the laws concerning filing a claim of medical negligence or malpractice are very strict. Failure to abide by them may result in you and/or your attorney facing charges of defamation. In order to file the individual and/or his attorney or representative must first
- Supply all documented proof of the incident and its effect
- Must grant permission for a “good faith investigation” of the possible claim of the plaintiff
- Provide a corroborating affidavit from a medical expert - According to Florida statues, the medical expert must be a currently practicing, licensed health care provider holding a degree in health care with some expertise in the area concerning the plaintiff
This is all prior to actually filing the claim. The process is an integral part of a pre-suit discovery practice the plaintiff must undergo. Once the plaintiff receives approval, he or she can then file the claim and proceed with the suit. The claim also has a statute of limitations. In Florida, this is 2 years since the incident of malpractice or from when the plaintiff should have noted it. An exception is for anyone less than 8 years-old. This person has until their eight birthday or 2 years – whatever time is greater. Under the Statute of Repose, an individual in Florida rarely has a period beyond 4 years unless he or she can prove concealment, fraud or misrepresentation.
What To Expect
In Florida, as in other states, the decision is up to a judge and jury. It is one of the few nations to decide medical negligence claims in this fashion. The plaintiff may win, but there are restrictions on certain aspects of awards. Non-economic damages are capped at $500,000 although this may double if the individual is in a vegetative state.
Talk To A Lawyer
Launching a medical negligence claim in Florida is an emotional issue. It is also fraught with legal complexities. Consider hiring an expert malpractice lawyer to help you obtain the financial wherewithal you need.
