Florida Malpractice Attorneys (2023)

Serious injury or death can occur if healthcare professionals act negligently or make mistakes. Sometimes these mistakes are the result of a medical error. Victims of medical malpractice in Florida can seek justice and compensation for the injuries they have suffered.

  • Are you injured after surgery or a medical procedure?
  • Maybe your doctor misdiagnosed your cancer or neglected to diagnose it?
  • Maybe your nurse gave you the wrong medicine and you hurt yourself?

When you or someone you love has been hurt by neglect or inappropriate behavior, it's easy to feel overwhelmed, and that's completely natural. To make things easier for you, give us a callFlorida Malpractice AttorneysSchedule a free initial consultation. We can meet with you in your home, office, patient room or even virtually.

Why should I be represented by Dolman Law Group?

At Dolman Law Group, we want you to feel informed, safe and aware of all your legal options. Medical malpractice cases in Florida are tricky. However, we can take that burden off your shoulders. Our company has the necessary resources to hire the right employeesexpertInvestigators, investigators and expert witnesses must thoroughly prove your case and get you the best possible compensation for your injuries, pain and suffering.

For more than a decade, Dolman Law Group has provided its injured clients with unparalleled legal insight. Our team of medical malpractice attorneys hasgained a good reputationIn recognition of his excellent negotiator at preliminary hearings and in court.

this oneFlorida Personal Injury LawyersAt the Dolman Law Group of Pennsylvania personal injury attorneys, we understand that while a successful outcome in a medical malpractice lawsuit cannot change what happened or repair the damage, it can help injured individuals and their families recover the costs of the bills incurred and the survivors of the accident. An uncertain future.

If you believe you or a loved one has suffered medical malpractice due to a deviation from the standard of care, all you have to do is contact Dolman Law Group for a free claims consultation. call us today(727) 451-6900orcontact usFind out online how our Florida malpractice attorneys can help.

Medical Malpractice Lawsuits in Florida

We rely on our medical professionals to provide us with the best possible health care. When things go wrong, mistakes made by negligent healthcare workers can have long-term consequences. According to a study by Johns Hopkins University, more than 250,000 people in the United States die each year due to medical errors and negligence.

it's a medical errorthe third leading cause of deathIn the United States, Florida is no exception. Each state has its own malpractice laws and it is important for patients to understand these laws and how they affect their case. In Florida, medical malpractice is sometimes called medical negligence.

What is considered malpractice in Florida?

We believe that any healthcare professional, such as a physician, surgeon, anesthesiologist, nurse or dentist, will provide healthcare services that meet accepted industry standards and the patient's specific circumstances. Procedure in case of non-complianceAccepted standard of careThe act of causing injury to a patient is called medical malpractice.

Standard of care refers to adherence to the "current professional standard of care", H. "This level of care, skill and treatment is considered acceptable and appropriate by a similar health care provider of reasonable prudence in all the relevant circumstances." This is usually what another trained healthcare professional would do in the same circumstances.

To make a valid claim, you must provide evidence of the following items:

(Video) What Is Medical Negligence? Florida Malpractice Lawyer Explains

  • Doctor-patient relationship.
  • Standard of responsibility or care.
  • breach of duty of care.
  • Violations of due care were the main cause of damage.
  • Damage caused by injury.

If the expected result is not obtained, is it a medical error?

It depends on why the expected result did not occur. A treatment or procedure that produces unwanted and harmful results does not necessarily constitute medical malpractice. Doctors are expected to have the knowledge and skills to care for patients, but their services cannot be adequately guaranteed. If the doctor followed the standard of care but did not achieve the desired outcome, there probably was no malpractice. There is no valid medical malpractice case even though something may have gone wrong but no harm was done.

However, if the doctor deviates from medical standards and the patient is harmed as a result, this may constitute medical malpractice. In general, patients are informed about the possibilities and risks of improvementSubmit a statement of consentto the program. Patients should understand the purpose, benefits and risks of treatment.

In addition to the proposed treatment, the doctor will inform the patient about other available alternatives. Before allowing a doctor to treat his or her specific disease or condition, a patient has the right to make an informed and voluntary decision about his or her treatment. However, even if the patient signs an informed consent form, the physician is still responsible for maintaining the standard of care and is liable for negligent errors that harm him.

Responsible Party in Florida Medical Malpractice Litigation

many people just thinkdoctors can be held liableDue to medical error. Actually,any authorized physicianHe may be held liable for medical malpractice, including:

  • Florida Malpractice Attorneys (1)Doctor
  • a surgeon
  • Nurse
  • assistant
  • Hospital
  • hospital staff
  • anesthetist
  • Center for ambulatory surgery
  • delivery room;
  • Doctor;
  • osteopath;
  • Chiropractor;
  • podiatrist;
  • naturopath;
  • Optician;
  • registered nurse;
  • Dentist, dental hygienist or dental laboratory;
  • midwife;
  • Providers of orthotics, prosthetics or foot care;
  • physiotherapist;
  • organizations for health protection;
  • blood bank;
  • plasma center
  • Anursing home institution

Common Types of Florida Malpractice Cases

As mentioned earlier, medical malpractice is more than a simple mistake. It must be inconsistent with the standard of care provided by comparable providers and must have an adverse effect on patients. TogetherExamples of malpracticeExamples include:

  • negligent first aid
  • late or wrong diagnosis
  • Malpractice in obstetrics and gynecology iBirth trauma
  • surgical error
  • anesthesia error
  • Cancer undiagnosed
  • medication error
  • Brain injury
  • misinterpreting or ignoring laboratory results
  • Neglecting or failing to meet the needs of patients
  • Neglecting or failing to obtain an adequate medical history from the patient

In Florida, a misdiagnosis could be considered medical malpractice

Many medical malpractice lawsuits arise from misdiagnoses or delayed diagnoses of medical conditions. A misdiagnosis by a physician can adversely affect a patient's condition if it causes the patient to receive the wrong treatment, delay treatment, or not receive treatment at all.

However, a diagnostic error alone does not necessarily give rise to a medical malpractice claim. Even when medical tests are performed correctly or evaluated by a qualified physician, the tests can still lead to a misdiagnosis. If the misdiagnosis and subsequent treatment did not result in injury, loss, or damage, there may be no basis for a malpractice lawsuit.

What are Florida malpractice laws?

Florida Malpractice Attorneys (2)

An injured person may file a malpractice claim under Florida Code Chapter 766 if the patient received medical care negligently in Florida or through a responsible party who resides in Florida. In order to obtain compensation, it must be proven that the healthcare professional provided poor quality medical care and that he caused the damage through his negligence. The law defines negligence as the failure to act with reasonable care. It is not enough to prove that the doctor made a mistake.

Procedure for Malpractice Claims in Florida

Professional negligence is an act or omission by a healthcare provider that violates good and accepted medical or nursing practice. Injured victims must file a complaint with a health care provider before filing a claim. The notice must include a written statement from a medical professional stating that the medical malpractice claim is valid. Once a provider receives service, there is a 90-day billing process that temporarily suspends the claim deadline. The defendant's insurer must respond within 90 days and show that it either admits liability for wrongdoing, offers a settlement, or denies the claim.

If the defendant admits liability, the plaintiff must respond within 50 days and state whether it accepts or rejects the settlement offer. If within those 90 days the health care provider decides they don't want to reach a settlement, the injured party has 60 days or the remainder to file an appeal in court or ask a medical examiner to evaluate your case.

(Video) Florida Lawyer Brian Denney explains the medical malpractice process

Malpractice cases often require extensive investigation. Evidence supporting both sides of a case can include documents and testimony such as depositions and interviews. If the case cannot be resolved, the parties usually go to court. The lawyers present the evidence, the case is argued, and the jury renders a verdict.

Evidence of negligence in a Florida medical malpractice case

In Florida medical malpractice cases, personal injury attorneys will often prove medical negligence through expert testimony. A qualified professional will need to determine which standards of good practice apply in this situation. In order to qualify as a specialist, one must generally be a licensed medical practitioner who is currently practicing or was practicing at the relevant time.

In addition, they must be familiar with good and accepted standards of medical practice related to care and demonstrate that the health care professional does not meet professional standards of care. The medical expert must show that if the health care provider had provided the appropriate standard of care, the harm likely would not have occurred and that the physician providing the care could reasonably have foreseen such an outcome.

After the prosecutor gathers evidence, if the expert testimony is insufficient from a legal point of view, the defense can request a directed verdict. The testimony of plaintiffs and their families and friends established some element of injury, such as physical pain or emotional pain. However, one bad result is not enough. Plaintiffs must prove negligence, which requires the services of an experienced Florida malpractice attorney.

Types of Damages in Florida Malpractice Lawsuits

are damagespenalty for damageThe patient as a direct result of the negligence of the healthcare provider. Medical malpractice harms victims in many ways. It causes economic losses, such as medical expenses and lost wages, and non-economic losses, such as pain and suffering. Courts award damages to help injured victims return to their pre-injury emotional and financial condition. Damages may include:

  • Past, present and future medical bills
    • cost of medical equipment
    • household expenditure on health care
    • Operation
    • hospitalized
    • drug
  • lonaus on
  • Emotional obsessive-compulsive disorder
  • loss of future earning potential
  • Loss of marriage (loss of civil partnership)
  • pain and suffering

A wrongful death occurs when a person dies because of the carelessness, negligence, carelessness, or wrongful acts of another person, including a health care professional. However, under Florida's wrongful death law, Florida Statute 768.16 et seq., only certain family members can bring a wrongful death action when medical malpractice results in death.

Courts rarely award punitive damages in medical malpractice cases. The purpose of punitive damages is to punish doctors for serious acts or omissions.

What should I do if I am injured in a Florida malpractice case?

For victims and their loved ones, the prospect of abuse can be frightening and distressing. Do your best to take the following important steps:

  • asking questions.Many people are intimidated by healthcare professionals, but you have the right to have your questions answered. You may need to be direct and persistent.
  • Record everything.It is easy to forget information such as names of healthcare professionals, dates, times and treatments. Details that seem trivial at the moment may turn out to be very important later.
  • Keep a copy of your medical records.You have the right to a copy of your own medical records. You may need to ask your doctor or hospital for a complete record. You may have to fill out a paper application, but don't be discouraged. You do not need to explain why a copy is needed.
  • Consult with a personal injury attorney experienced in handling medical malpractice.Medical malpractice is a delicate and complex area of ​​law. You may not have proof that your case is malpractice, but a malpractice attorney can evaluate your case and guide you through the process. Do not sign any documents or agree to a settlement without first speaking with a malpractice attorney who is familiar with the laws and deadlines that may affect your case.

Frequently Asked Questions About Florida Medical Malpractice Lawsuits

Who Can Sue for Medical Malpractice in Florida?

People injured by medical negligence can file civil lawsuits. Family members (especially the patient's spouse, children, or parents) can file a claim if the injury is "serious, permanent, and disabling." In Florida, parents can only sue for malpractice if their child is 25 or younger. If someone age 25 or younger dies because of a doctor's negligence, the patient's family can sue where the law allowsflorida wrongful death laws(F.S. 786, 17-21).

Can I sue a hospital or doctor in Florida even though I signed a waiver?

With any medical procedure, including surgery, there are certain risks. In almost all cases, before any medical procedure is performed, patients must sign a series of waivers stating that they understand all the risks and are still willing to proceed with the procedure. this oneImmunity is not protectiveLiability for negligence of healthcare workers.

However, these types of waivers, along with other protections for health care providers, complicate medical malpractice cases. Therefore, anyone who is injured during a medical procedure shouldreview their caseWith Florida malpractice attorneys. Florida law may entitle you to financial compensation if you suffer an injury or damage in Florida as a result of a serious, avoidable medical or surgical error.

(Video) How do you prove Legal Malpractice in Florida (4 elements)

How long do I have to file a Florida malpractice lawsuit?

You must take legal action within the statute of limitations or you lose your right to file a lawsuit. The statute of limitations in Florida medical malpractice cases is slightly different than other types of personal injury lawsuits. In Florida, the statute of limitations for medical malpractice cases is two years.

Generally, this means that an injured party must file a malpractice lawsuit within two years of the time after the patient, family member, or caregiver knew or should have known that there was a reasonable possibility that the injury was attributable to the malpractice. florida also haspension lawLike the statute of limitations, the grace period prevents certain legal actions from being taken within the time limit. Therefore, unless there has been misrepresentation, fraud, or concealment, a health care provider cannot be sued more than four years after the actual misconduct occurred.

Why is there a time limit on filing a malpractice lawsuit in Florida?

According to the Florida State Bar's website, the reasons for time limits in malpractice cases "reflect a legislative determination to limit frivolous claims, promote consensus and reduce the high cost of malpractice insurance." Encouraging plaintiffs to settle their cases and preventing insurance fraud in general benefits everyone.

How long do malpractice cases take in Florida?

Medical malpractice cases in Florida can take quite a long time -- in some cases years. Of course, the time it takes for a malpractice case to be heard, reviewed and/or resolved can vary greatly depending on a number of factors. The following factors will determine how long it takes to resolve a pending malpractice claim:

  • The nature and extent of the alleged injury
  • Duration of finding one or more specialist doctors
  • Willingness of insurance companies to negotiate
  • All case disclosures are delayed
  • court availability

Medical malpractice cases often involve very serious claims and huge payouts, which is why insurance companies vigorously defend their rights. As such, they are rarely resolved quickly. You should be prepared to see your billing cycle in terms of months and years, not days or weeks.

Why do I need a Florida malpractice attorney?

Malpractice cases can take a long time to settle, and insurance companies go to great lengths to avoid liability or secure large payouts. That means you need the resources and expertise that an experienced malpractice attorney can provide.

A medical liability attorney will conduct a thorough investigation and gather the evidence necessary to establish liability. In addition, they manage communications with insurance companies, medical billing agencies, and other relevant parties. Another benefit of hiring a malpractice attorney is their willingness to represent you to add credibility to your claim, which can be helpful when negotiating with insurance companies.

(Video) Florida Legal Malpractice Attorney

Let a malpractice attorney you trust protect your right to compensation while you focus on your recovery. The personal injury attorneys at Dolman Law Group Accident Injury Lawyers, PA have the medical knowledge and legal expertise to effectively assist you in your case and represent your interests throughout the process.

Dolman Law Group seeks maximum damages for medical malpractice claims

We know that victims of malpractice often struggle with the financial and emotional consequences of malpractice for months or years, and we take this into account when calculating your compensation. As malpractice attorneys, we havemillion dollar guaranteeTo compensate our injured customers. Our team will use our resources and experience to maximize the value of your settlement.

With offices throughout Florida, we're here when you need us most. From coast to coast, we provide experienced and strategic legal advice every step of the way. Call us today and find out why so many injured patients and their families choose us to represent them after a serious medical error.

If you or a loved one has been injured as a result of medical malpractice, contact a knowledgeable and caring Florida malpractice attorney at Dolman Law Group Accident Injury Lawyers in Pennsylvania to discuss your legal options. We know how important it is to recover the full value of your loss and will prioritize your individual needs as we strive for maximum compensation.

Our experienced teamFlorida Malpractice AttorneysSpent considerable time in real court representing victims of medical malpractice in Florida. This experience has made us one of the most successful personal injury law firms in Florida.contactContact Dolman Law Group today for a free consultation.

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What is the average medical malpractice settlement in Florida? ›

The average payout for medical malpractice cases in Florida is $210,000, although this amount can vary greatly depending on the specifics of each case.

Can you sue for malpractice in Florida? ›

Florida law allows you to sue hospitals, doctors, surgeons, and other medical professionals if they injure you. However, to obtain compensation for your injuries in a Florida medical malpractice case, you typically must show the following elements: The health care professional owed you a duty of care.

How do I prove medical malpractice in Florida? ›

The Florida's Malpractice Act requires that you prove that a medical professional did not provide adequate care to you or your loved one. In order to prove this, another medical professional from the same field must testify in court or sign a sworn affidavit.

How long do you have to sue a doctor for malpractice in Florida? ›

Under Florida law, a victim of medical malpractice has no more than four years to file a medical malpractice lawsuit, and he or she must file a lawsuit within two years of the discovery of the injuries.

What is the contingency fee for medical malpractice in Florida? ›

In other words, medical malpractice attorneys' contingent fees cannot exceed 30 percent for awards of $250,000 and under. For awards greater than $250,000, attorneys can charge 30 percent on the first $250,000, but no more than 10 percent on the money awarded beyond that amount.

What are the malpractice limitations in Florida? ›

Florida has a two-year statute of limitations for medical malpractice. You have two years from the time the incident occurred or from the time you reasonably should have discovered the incident.

What is the three strikes law in Florida for medical malpractice? ›

The law holds that if a physician has three or more incidents of medical malpractice (as established by a standard of clear and convincing evidence), they will be forbidden from the continued practice of medicine in Florida.

What are punitive damages in Florida for medical malpractice? ›

In Florida, there is no cap on the number of punitive damages a court can award in medical malpractice cases. However, generally, punitive damages are limited to three times the amount of compensatory damages awarded or $500,000 (whichever amount is greater).

What is medical negligence in Florida? ›

Medical malpractice is when a care provider's negligence causes an injury to one of their patients. This can happen in a hospital, doctor's office, inpatient care facility, or at a local pharmacy.

What four things must be proven in a medical malpractice case? ›

The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

What is the hardest element to prove in a medical malpractice case? ›

In medical malpractice cases, causation is usually the most difficult element to prove. To prove causation in any type of negligence action, you must prove two things: 1)The negligent action was the actual cause of harm, and 2)The negligent action was the proximate cause of harm.

Who can bring a medical malpractice suit in Florida? ›

The victim who sustained injuries or their loved ones can sue for damages. However, a claimant will need to prove that a health care provider acted wrongly and not in line with good practices. You or your Boca Raton accident attorney will need to determine if the malpractice can be proven.

How do you deal with medical negligence? ›

If you've experienced clinical negligence, you could make a complaint about it by speaking to someone informally, or by making a formal complaint. It's usually much easier to solve something informally or through a formal complaint than by making a legal challenge.

What is a notice of intent to sue for medical malpractice in Florida? ›

What's a Notice of Intent? This is a notice to the medical provider or providers involved of your intention to file a medical malpractice lawsuit. Your Notice of Intent must include an affidavit of merit, which is a statement from a qualified medical professional that states the veracity of your claim.

How much are most medical malpractice settlements? ›

The Average Settlement for Medical Malpractice Cases
  • Minor cases: Up to $10,000.
  • Short-term disabilities: $10,000 to $30,000.
  • Cases that require corrective measures: $30,000 to $100,000.
  • Severe cases: $100,000 to $500,000.
  • Permanent injury: Over $1,000,000.
Dec 2, 2022

What percentage do most lawyers take as a contingency fee? ›

That said, the most common lawyer contingency fee average ends up being 33%, or ⅓ of the total earnings of a case, but can go up to 40% (in some jurisdictions) as the complexity and risk involved in taking the case increases.

Do you have to have malpractice insurance in Florida? ›

Though you may not be required to carry malpractice insurance, you may still want to obtain this coverage, as some hospitals and facilities require that healthcare providers have this insurance. Malpractice insurance can also protect you in the event of a lawsuit.

What kinds of mistakes can amount to medical malpractice? ›

Medical malpractice events can take many forms including, but not limited to, any of the following:
  • Misdiagnosing a serious health condition,
  • Misreading or ignoring laboratory results,
  • Premature discharge from a hospital,
  • Prescribing improper medication or dosage, or.
  • Failing to account for a patient's health history.

What is the safe harbor statute for medical malpractice in Florida? ›

Florida Statute 766.1185 (2003) is a safe-harbor statute for medical mapractice insurers. It gives them 210 days after a formal Complaint is served on one of its insureds to avoid having to satisfy an excess (of the policy limits) judgment.

What is a malpractice cause of action in Florida? ›

To win a medical malpractice lawsuit in Florida, the plaintiff must establish the following: the medical professional owed the patient a duty of care; the medical professional breached the duty of care owed to the patient; and the medical professional's breach was a direct and proximate cause of the patient's damages.

What are the 4 C's of malpractice? ›

Recognizing that you are an imperfect human being who will make mistakes, you can nevertheless reduce your risk of causing harm, and of being sued successfully. Start by practicing good risk management, building on the old adage of four Cs: compassion, communication, competence and charting.

What are the three C's to prevent malpractice? ›

Prevent, Communicate, Document: Medical Malpractice Data Help Us Manage Risk | The Doctors Company.

What is a survival action in Florida for medical malpractice? ›

A survival claim allows the family to continue a claim that the deceased could have pursued while alive. Under the Florida survival statute, “No cause of action dies with the person. All causes of action survive and may be commenced, prosecuted, and defended in the name of the person prescribed by law.”

Does Florida have a cap on medical malpractice? ›

In Florida, there are no caps on economic damages. This means that when it comes to compensating the plaintiff for their medical payments and loss of income that occurred due to the medical malpractice in question, the damages cannot be limited.

What is the maximum award punitive damages in Florida? ›

Punitive Damage Caps in Florida

The Florida punitive damages statute allows an award of up to three times the amount of compensatory damages, or $500,000, whichever amount is higher. So, if you were awarded $1 million in compensatory damages, you could not be awarded more than $3 million in punitive damages.

How do I prove punitive damages in Florida? ›

A plaintiff must prove either intentional misconduct or gross negligence in order to be awarded punitive damages in Florida. Intentional misconduct is when a defendant is aware that their behavior was wrong or dangerous and could cause injury.

What are the 4 elements of negligence in Florida? ›

The four elements of negligence in Florida are: duty of care, breach of duty, causation, and damage.

What is medical example negligence? ›

In the case of a medical man, negligence means failure to act in accordance with the standards of reasonably competent medical men at the time. There may be one or more perfectly proper standards, and if he confirms with one of these proper standards, then he is not negligent.”

What is an example of gross negligence in Florida? ›

For example, accidentally running a stoplight and hitting another person, causing injury, would count as ordinary negligence. If that person were to knowingly speed through a crowd of pedestrians in a car, that would up the ante to gross negligence.

What five 5 elements needed to be present to prove malpractice? ›

Do you want to hold another party accountable for their negligent behavior? Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm.

What are the five most common types of medical malpractice? ›

The types of medical malpractice are as follows, starting with the five most common types:
  • Misdiagnosis. ...
  • Surgical errors. ...
  • Failure to treat. ...
  • Birth injuries. ...
  • Prescription drug errors. ...
  • Negligent cosmetic procedures. ...
  • Dental Mistakes. ...
  • Care Home Negligence.

What are five of the most common errors that lead to medical malpractice claims? ›

5 Common Medical Errors That Lead To Medical Malpractice Claims
  • Misdiagnosis And Failure To Diagnose. According to CBS News, approximately 12 million people who receive outpatient care are victims of some form a misdiagnosis each year. ...
  • Prescription Errors. ...
  • Surgical Errors. ...
  • Anesthesia Errors. ...
  • Childbirth Errors.

Why is it so hard to win a malpractice case? ›

Determining Liability

Another reason why medical malpractice claims are hard to win is that it can sometimes be difficult to determine who is responsible for your injuries. Most people automatically assume that physicians are liable for all medical injuries, but the truth may be more complicated.

What part of negligence is hardest to prove? ›

Many articles discuss what negligence is and how to prove it, but the least understood element among these four is causation. Additionally, out of these four elements, causation is typically the most difficult to prove, especially in medical malpractice cases.

How do you prove causation in a medical malpractice case? ›

Causation in medical malpractice claims is the legal term to explain why the injury occurred. To prove causation, you must show that a particular event or action of the hospital or healthcare practitioner did caused your injury and not some other factor such as pre-existing conditions, heredity, lifestyle choices, etc.

What is the most common medical malpractice? ›

The most common medical malpractice claims include misdiagnosis, childbirth injuries, medication errors, and surgical errors. However, any situation where a medical professional's negligence injures a patient could warrant a medical malpractice claim.

What is the biggest malpractice suit ever? ›

Ten of the Largest Medical Malpractice Verdicts of 2022
  • $111 million verdict in Minnesota: Thapa v. ...
  • $97.4 million verdict in Iowa: Kromphardt v. ...
  • $77 million verdict in Georgia: The Estate of Nicholas Carusillo v. ...
  • $75 million verdict in Georgia: Buckelew v. ...
  • $68.8 million verdict in Florida: Crohan v.
Jan 17, 2023

What is an example of malfeasance in healthcare? ›

Malfeasance in healthcare is also known as medical malpractice. If a patient dies because he or she is given the wrong medication or the improper dosage, then the doctor or healthcare worker who performed this act could be charged with medical malpractice.

Can you sue a hospital in FL? ›

Florida law allows you to sue hospitals, doctors, surgeons, and other medical professionals if they injure you. However, to obtain compensation for your injuries in a Florida medical malpractice case, you typically must show the following elements: The health care professional owed you a duty of care.

How long do I have to sue in Florida? ›

For most personal injury claims involving bodily injuries, the Florida statute of limitations is four years from the date of the accident. This means that you have four years from the accident to file a personal injury lawsuit. If you do not file your lawsuit within that period, you will be barred from doing so.

What is the most common example of negligence? ›

Incorrect medication prescriptions or administration of drugs is one of the most common cases of medical negligence reported. This can occur when a patient is prescribed the wrong drug for their illness, receives another patient's medication or receives an incorrect dosage of medication.

How long does it take to file a malpractice suit in Florida? ›

Under Florida law, a victim of medical malpractice has no more than four years to file a medical malpractice lawsuit, and he or she must file a lawsuit within two years of the discovery of the injuries.

How do I file a malpractice claim in Florida? ›

First, an attorney must obtain an affidavit from a doctor which confirms that the plaintiff's injury or illness is related to medical malpractice. Afterwards, the claimant must notify the person or entity they intend to sue that they are initiating litigation.

What are the requirements for malpractice in Florida? ›

The Florida's Malpractice Act requires that you prove that a medical professional did not provide adequate care to you or your loved one. In order to prove this, another medical professional from the same field must testify in court or sign a sworn affidavit.

What is the cap on medical malpractice damages in Florida? ›

In Florida, there are no caps on economic damages. This means that when it comes to compensating the plaintiff for their medical payments and loss of income that occurred due to the medical malpractice in question, the damages cannot be limited.

What is the cap for medical malpractice in Florida Medicaid? ›

(a) With respect to a cause of action for personal injury or wrongful death arising from medical negligence of nonpractitioners, regardless of the number of such nonpractitioner defendants, noneconomic damages shall not exceed $750,000 per claimant.

What is the largest medical malpractice settlement? ›

Ten of the Largest Medical Malpractice Verdicts of 2022
  • $111 million verdict in Minnesota: Thapa v. ...
  • $97.4 million verdict in Iowa: Kromphardt v. ...
  • $77 million verdict in Georgia: The Estate of Nicholas Carusillo v. ...
  • $75 million verdict in Georgia: Buckelew v. ...
  • $68.8 million verdict in Florida: Crohan v.
Jan 17, 2023

What is the maximum payout for medical negligence in Florida? ›

Medical Malpractice Claims and Florida Caps

Florida law limits the liability of the state, its agencies, and its subdivisions to $200,000 for a claim or $300,000 for all claims paid by the state arising out of the same incident.

What is the cap on punitive damages in Florida? ›

Currently, the law limits punitive damages to three times the total amount of compensatory damages, or $500,000. If the total punitive damages awarded exceeds $500,000, the jury will be instructed to award the higher amount of compensation.

How are damages calculating in medical malpractice cases? ›

The formula for the settlement value of medical malpractice claims is quite simple. The settlement calculation that victims, doctors, and hospitals use in medical malpractice lawsuits the expected average jury verdict multiplied by the likelihood of the plaintiff prevailing at trial.

What are the most common medical malpractice claims? ›

According to the National Center for Biotechnology Information (NCBI), the most common medical malpractice claims include:
  • Overlooked diagnosis.
  • Diagnoses made too late.
  • Incorrect diagnoses.
  • Concealing patient information.
  • Surgical errors and mishaps.
  • Use of faulty medical equipment.
  • Inaccurate or misinterpreted test results.

Are medical malpractice settlements taxable? ›

According to the IRS, payments for medical malpractice are classified as “personal physical injuries” settlements or compensatory damages. The portion of your award that compensates you or reimburses you for medical expenses and losses you suffered from the injury or sickness is non-taxable.

How do you calculate damages? ›

How to Calculate Damages. Calculating economic damages can be as easy as adding up all the expenses connected to the accident, such as income loss, medical bills, out-of-pocket costs, and others. Once you have a figure for economic damages, you can determine your non-economic losses, such as pain and anguish.

What are hedonic damages in Florida? ›

Florida damages caps are only in place for the non-economic damages that a plaintiff can receive from a lawsuit. These damages are often called hedonic damages. The term hedonic damages refers to a plaintiff's subjective loss of enjoyment of life as a result of the injuries incurred from the incident in question.

Who pays the highest malpractice insurance? ›

The Specialty Affects Premiums

Therefore, doctors in specialties that are considered higher risk pay more for their malpractice insurance. Typically, surgeons, anesthesiologists and OB/GYN physicians are charged higher premiums.

Who has the highest malpractice premiums? ›

More than half of anesthesiologists report being named in a lawsuit at least once in their career and the specialty continues to have one of the highest malpractice premiums, according to the Medscape Anesthesiologist Malpractice Report 2021.

Is medical malpractice the number one killer? ›

With over 250,000 malpractice deaths each year, medical mistakes can be considered the 3rd leading cause of death in the U.S., after heart disease and cancer.

Which state has the highest malpractice insurance? ›

The Most Expensive

New York has some of the highest malpractice rates in the country, and it also has some of the highest award payouts in malpractice lawsuits.


1. Top Medical Malpractice Lawyers - Clifford Law Offices
(Clifford Law Offices PC)
2. Florida Medical Malpractice Attorney Explains How to Document Medical Errors
(Searcy Law Video)
3. BEST Way to Get an Experienced Medical Malpractice Lawyer to Take Your Case | NY Attorney Explains
(Gerry Oginski)
4. 3 Steps to Find The Right Medical Malpractice Attorney in Florida
(McArdle Law, P.A.)
5. How to sue an attorney for malpractice
6. Florida Medical Malpractice Attorney
(Schuler, Weisser, Zoeller, Overbeck & Baxter P.A.)


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