What if I was Harmed by Medical Malpractice in Florida?

What If I Was Harmed by Medical Malpractice in Florida?

Medical malpractice occurs when a healthcare provider’s negligence causes harm to a patient, violating the standard of care expected in their profession. Malpractice can be committed in various ways, including misdiagnoses, surgical errors, medication mistakes, or neglect during treatment. Victims of medical malpractice often face severe physical, emotional, and financial consequences. If you believe you’ve been harmed by medical malpractice in Florida, it’s crucial to understand your rights and how to proceed with a potential claim.

Suspecting Medical Malpractice?

If you suspect medical malpractice, taking swift and deliberate action is essential. Here are the two most important steps you should follow:

Consult a Florida Medical Malpractice Attorney

Medical malpractice cases are complex, requiring legal expertise to determine if negligence occurred and how to proceed. A qualified Florida attorney can evaluate your situation, identify potential violations of the standard of care, and explain the compensation you may be entitled to pursue. Promptly consulting an attorney increases the likelihood of preserving evidence and meeting legal deadlines.

Obtain Copies of Your Medical Records

Your medical records are critical evidence in a malpractice claim. They document the treatment you received and can reveal inconsistencies or errors in care. Request these records from your healthcare provider as soon as possible. Be precise about the time frame and scope of the records you request to ensure no critical information is omitted.

Deadline for Filing a Malpractice Claim in Florida

In Florida, medical malpractice claims must adhere to strict deadlines under Florida’s statutes of limitations and repose. Missing these deadlines can result in the dismissal of your case, regardless of its merits.

Two-Year Statute of Limitations

Under Florida Revised Statutes § 95.11(5)(c), a medical malpractice claim must generally be filed within two years of the date the malpractice occurred or the date it was discovered—or should have been discovered—with due diligence. For example, if a surgical error went unnoticed but was identified a year later during a follow-up, the two-year clock starts on the discovery date.

Four-Year Statute of Repose

Florida also enforces a four-year statute of repose, which bars claims filed more than four years after the malpractice, regardless of when it was discovered. An exception applies if the provider’s fraud, concealment, or misrepresentation prevented timely discovery of the malpractice. In such cases, the statute may be extended up to seven years.

Steps to Ensure Timely Filing

• Document your timeline of care to pinpoint when malpractice occurred.
• Act without delay if you suspect malpractice to allow time for case preparation.
• Consult an attorney early to avoid missing critical deadlines.
• Preserve any evidence that supports your discovery date.
• Be mindful of exceptions, such as fraudulent concealment by the provider.

Key Elements of a Medical Malpractice Case

Successfully pursuing a medical malpractice claim requires proving specific legal elements. Each must be established with compelling evidence.

Establishing the Standard of Care

The standard of care is the level of skill and competence that a reasonably prudent healthcare professional would provide under similar circumstances. This serves as the benchmark against which the provider’s actions are evaluated.

Proving a Breach of the Standard of Care

Demonstrating that the provider deviated from the established standard is critical. For instance, a failure to order appropriate tests or administer correct medication can constitute a breach.

Showing Causation

It’s not enough to prove that the provider was negligent; you must show that their breach directly caused your injury or led to a worsened health condition. Evidence of causation often requires expert testimony.

Documenting Damages

The harm you suffered—whether physical, emotional, or financial—must be well-documented. Evidence of damages sustained includes medical bills, lost wages, and pain and suffering.

Enlisting Expert Witnesses

Medical experts play a pivotal role in validating your claims, explaining complex medical issues to the court, and affirming that the provider’s actions were negligent.

The Claim Certification Requirement

Florida law requires certification of a medical malpractice claim before filing a lawsuit. Under Florida Statutes § 766.104, claimants must conduct a pre-suit investigation and provide each prospective defendant a Notice of Intent to Initiate Litigation. This notice must include medical records supporting the claim and a verified expert opinion from a qualified medical professional stating there are reasonable grounds to believe negligence occurred.

The expert must practice in the same or a similar specialty and have been actively practicing or teaching in the field within the last five years. The pre-suit process allows both parties to investigate and potentially resolve the matter without litigation.

The statute of limitations for medical malpractice is two years but serving the Notice of Intent tolls the deadline for 90 days. Failure to meet these requirements can result in dismissal, making compliance critical to pursuing a valid claim effectively.

How Compensation Is Calculated

Compensation in medical malpractice cases is categorized into two types: economic damages and non-economic damages. Both aim to make the victim whole, though they address different aspects of harm.

Economic Damages

These include tangible losses, such as:

• Medical expenses: Past and future costs for treatment, rehabilitation, and medications.
• Lost wages: Income lost due to inability to work during recovery.
• Loss of earning capacity: Reduced ability to earn income in the future.
• Out-of-pocket expenses: Travel costs for medical appointments or assistive devices.

Non-Economic Damages

Non-economic damages compensate for intangible losses, such as:

• Pain and suffering: Physical discomfort and chronic pain caused by malpractice.
• Emotional distress: Anxiety, depression, or PTSD suffered by the victim of malpractice.
• Loss of consortium: Impact on relationships with family members.

Florida previously imposed caps on non-economic damages in medical malpractice cases, but the Florida Supreme Court ruled them unconstitutional in 2017. Therefore, non-economic damages are no longer limited by law. In rare cases, punitive damages may be awarded to punish particularly egregious misconduct, such as intentional harm or gross negligence. 

Florida follows a comparative fault system, which can reduce your compensation if you are found partially responsible for your injury.

Consult an Experienced Medical Malpractice Attorney

If you’ve been harmed by medical malpractice in Florida, swiftly acting is critical to protect your rights and pursue justice. From consulting an experienced attorney to gathering evidence and filing your claim within the legal deadlines, every step matters. Medical malpractice cases are complex, but with professional legal help, you can face the challenges and seek the compensation you deserve. Our dedicated legal team at Linton Robinson & Higgins LLP in New York City or Miami can evaluate your case, guide you at every phase of the legal process, and vigorously protect your rights and interests. 

Call Linton Robinson & Higgins, LLP, at 786-882-7316 in Miami and 332-241-9036 in New York City for a free consultation.