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Florida Medical Malpractice Statute of Limitations
Medical malpractice naturally ends up in the courts. Patients or their families want compensated for injury or death at the hands of someone who took an oath to do no harm. The definition is the same for all states. A doctor can be held liable for a misdiagnosis or failure to diagnose an illness or injury. A doctor is responsible if the proper medical care is not administered. A doctor can be sued if treatment is withheld for an unreasonable amount of time, and the result is further injury or death. However, each state can handle the suit according to state laws. For example, Florida requires an expert witness to have five years experience in the same field as the defendant.
Time Limits for Filing a Claim in Florida
Every state has a statute of limitations on filing a claim of medical malpractice. Otherwise, former patients may come back a dozen years later and accuse a doctor of being responsible for current health problems. In Florida, the limit is two years from the time of the malpractice, or from the time, the malpractice should have been detected. An individual under the age of eight has until the eighth birthday, or two years, to file suit, whichever time is greater.
Negligence Laws
Negligence laws also differ from state to state. For instance, Florida allows for an increase in damages, if the patient is left in a vegetative state. For more information, consult the following chart.
|
Code Section |
51-11-7 |
|
Comparative Negligence |
None |
|
Contributory Negligence-Limit to Plaintiff's Recovery |
Claimant's contributory does not bar recovery provided his fault is less than defendant’s is and that by ordinary care claimant could not have avoided the consequences of defendant's negligence. However claimant's damages are diminished by amount in proportion to the amount of his fault. (§51-11-7) |
|
Contribution Among Tortfeasors |
Yes; §51-12-32 |
|
Uniform Act |
No |
Award Limits in Florida
In many states, there is no limit to the amount of the award given to the plaintive. The total sum is left up to the discretion of the jury. However, some states have strict limits to the amount an individual can gain from injury or death. Florida does have caps on the award amount. Non-economic damages are limited to $500,000 in most cases. The amount can be doubled if the person is a vegetable. In addition, punitive damages are unlimited; if it found the health care worker purposely caused harm.
Legal Help
Medical malpractices cases can be very complicated, highly emotional, and very stressful. Therefore, professional legal help is strongly advised. Especially if ongoing care is going to be expensive or a breadwinner has passed away, it is important to get the help necessary to make sure the money needed to move forward is available.