Florida Laws That Affect Medical Malpractice Claims
In Florida, when a doctor or another healthcare provider makes a mistake and causes harm to a patient, the patient or their family may have a medical malpractice claim. Medical malpractice cases in Florida are governed by several laws, which you need to understand if you are considering filing a claim. These laws can significantly affect the outcome of your case. In this article, we look at some of the main rules governing medical malpractice cases in Florida and how these laws can affect the outcome of your case.
What Is Medical Malpractice?
Before going into the laws that affect medical malpractice cases, it is vital that you first understand the meaning of medical malpractice. Not all medical errors constitute medical malpractice. According to Florida law, medical malpractice arises when a healthcare provider acts in a manner that falls below the accepted standard of care, leading to injury or death to the patient. The “standard of care” is the level of care and skill that a reasonably competent medical professional with the same training and skill would have provided in a similar situation. If you believe your situation qualifies as medical malpractice, contact an experienced Florida medical malpractice attorney for help navigating the complex legal process.
Laws That Affect Florida Medical Malpractice Cases
Here are some of the laws that affect medical malpractice claims in Florida:
- Pre-Suit Requirements
Florida law requires medical malpractice plaintiffs to conduct a presuit investigation and notify potential defendants of their intent to initiate litigation against them. According to Florida Statutes section 766.203, the investigation should come first. A plaintiff is required to investigate and determine whether they have reasonable grounds to believe that the defendant was negligent and that their negligence resulted in harm. After the investigation is completed and before the claimant can file a medical malpractice claim, they are required to notify any prospective defendant of their intent to initiate a medical malpractice claim. Once the notice is served, a 90-day investigation period starts, and a suit cannot be filed until this period is over. During this time, the defense side is required to conduct its own investigation.
Failure to meet the presuit requirements can lead to your case being dismissed.
- Statute of Limitations
Florida has strict time limits and deadlines for medical malpractice cases. Under Florida Statutes section 95.11, you generally have two years to file your medical malpractice claim, and the clock starts ticking on the date that the incident giving rise to the claim happened or when the incident is or should have been reasonably discovered. However, you cannot file a claim if more than four years have passed since the incident. If you file your claim after the statute of limitations clock has run out, your case will most likely be dismissed.
- Comparative Negligence
Florida is a modified comparative negligence state. State law bars you from recovering compensation from a negligent medical professional if you are found to be more than 50% at fault. And while you can recover compensation if you share some fault, your compensation can be diminished by your percentage of fault.
- Expert Witness Requirement
Florida law requires medical malpractice plaintiffs to provide a verified written medical opinion from a medical expert corroborating reasonable grounds to support the claim before they can proceed. Failing to provide expert testimony can lead to a case being dismissed.
Contact Us for Legal Help
At Gunn Law Group P.A., we understand the complexities of medical malpractice cases. Contact our Tampa medical malpractice lawyers today to schedule a consultation and get help pursuing the justice and compensation you deserve.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/Sections/0766.203.html
