If you or your loved one have suffered an injury from a doctor’s negligence while seeking medical care, you might have a valid medical malpractice case. However, such cases are not so straightforward due to the technicalities involved in proving a breach in the duty of care.
In addition, the doctor will do or say anything to absolve themselves since it borders on their reputation and even future employability. Outlined below is how to go about your medical malpractice case in Florida.
Common Types of Medical Malpractice
Some of the most common medical errors that are cause to medical malpractice lawsuits include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Birth injuries
- Prescription errors
- Failure to provide treatment
- Withholding information on the risks involved in a medical procedure
The bottom line in all these instances is a competent doctor with similar training would not have made the same mistake.
How to Prove Medical Malpractice in Florida
Proving medical malpractice depends on the circumstances of your case, and each situation is different. For instance, if you failed to disclose information to the doctor that led to, say, a wrongful diagnosis, you cannot claim medical malpractice on their part.
You have to show the doctor in question was incompetent and discharged their duties below the standards of the profession that another doctor would have adhered to.
Generally, the burden of proof is on you. Provide the courts with a preponderance of evidence to win a favorable outcome. Below are a few elements of a typical medical malpractice case:
- A breach of the standard of care owed to you as the patient
- The breach was the cause of your injuries
- Harm or suffering to you as a result of the injuries
Filing a Medical Malpractice Lawsuit in Florida
In Florida, the legal landscape around medical malpractice is a bit complicated, and it might help to get in touch with a medical malpractice law firm. Among the most important requirements in the state is an affidavit of merit. It contains a sworn expert witness statement that supports the fact there was actual medical negligence in your case.
You are also required to notify the healthcare provider of your intent to sue before filing the case. A settlement process then follows, and if there is no consensus, the case proceeds to a courthouse.
What Damages Are Available for Your Medical Malpractice Claim?
If your case is successful, the court may award you damages based on the extent of your injuries and loss. The remedies that might be available for your include:
- Economic damages, such as medical costs incurred when correcting the malpractice, lost income or future wages, and so on.
- Non-economic damages include pain and suffering or lower quality of life brought about by your injuries.
- Punitive damages are intended to punish the liable party. It also serves to deter other healthcare providers and prevent future occurrences.
Florida has a cap on economic damages at $500,000, but non-economic damages are not capped.
Florida’s Statute of Limitations for Your Medical Malpractice Lawsuit
The legal window period to initiate court proceedings for medical malpractice in Florida is two years from the date it occurred. However, if you do not initially realize your malpractice injury you have two years from the date of discovery.
While different rules may apply to exceptional circumstances and minors, it is crucial to file a claim as soon as you discover the injuries caused by medical malpractice. It will help your case with evidence that may be directly linked to the malpractice.
