Medical Malpractice Laws in Florida

medical malpractice

If you or a member of your family is seriously injured by the negligence or recklessness of a physician, nurse, pharmacist or any other medical professional in Florida, it is vital to contact to an experienced medical malpractice attorney practicing in Florida. Since the recent modification to medical malpractice law (also known as tort reform) have fixed the famous deck against affected victims. If you make an attempt to get a malpractice insurance lawyer on your own without understanding the basics of medical malpractice, eventually, your legitimate malpractice case may be dismissed with no compensation on a technicality.

Understanding What Constitutes Medical Malpractice

There are many ways medical malpractice offenses can be committed. Nevertheless, it is essential to bear it in mind that just because a medical doctor or any other medical professional makes an error does not mean they are legally responsible for medical malpractice. There is a legal standard that must be achieved to prove that a breach of the standard of care happened. This legal standard will be discussed further subsequently. Before getting into these legal standards, it is important to go over some comprehensive areas where medical malpractice usually occurs:

Improper Administration of Anesthesia

Before going through a major surgery, anesthesia will definitely be administered into the patient. This is a something which will put the patient to sleep so that he or she is unconscious while the surgery is going on. However, a terrible form of medical malpractice is the giving anesthesia in a negligent manner that can lead to anesthesia awareness. This is when a patient is literally conscious during surgery and can feel the cuts made by the doctor. This can be a hurting and extremely painful experience. The inappropriate administration of anesthesia can be established for malpractice since the physicians and their coworkers are under a duty of care to ensure that you are not conscious during a surgery.

Avoidable Injuries That Occur While Admitted in a Hospital

Workers of a hospital have the responsibility to ensure the wellbeing and suitable care of patients in their hospital. This means they must carefully evaluate potential staffs including their prior involvement in a hospital setting, any appropriate qualifications and the most advanced level of certification. When a hospital employs an unskilled doctor, nurse, or other workers, the hospital might be held liable for the injuries imposed on patients due to a worker’s negligence. For instance, if a doctor makes a conspicuously wrong diagnosis or did not treat a patient on time to the extent where their illness becomes critically worse, those negligent conducts could establish medical malpractice. Other cases include giving the wrong drugs and carrying out a procedure on the wrong body part, which has happened severally.

Wrong diagnosis or Late Diagnosis is Grounds for Medical Malpractice

When a patient visits a hospital to see a doctor, such individual will expect a detailed evaluation and precise diagnosis of any serious medical condition. Unfortunately, this is not always the case. Failing to accurately diagnose a disease can have an overwhelming effect on a patient’s well-being, particularly when the failure to diagnose the right condition involved a potentially-life threatening ailment like cancer.

Frequently misdiagnosed ailments include many cancers for instance ovarian cancer, lung cancer, and breast cancer. Other regularly misdiagnosed ailments include ectopic pregnancies, appendicitis, and brain tumors. If you or someone you know is interested in filing a malpractice claim because of a misdiagnosis, or delayed diagnosis, it is required to prove that the healthcare expert was negligent. This means that any evidence that proves that cancer, tumor, or other illness was readily perceptible at a previous date and a physician, in a comparable practice, would have been able to diagnosis the condition after a rational evaluation of your records. Furthermore, your condition must have developed or turn out to be much worse for the claim to be financially feasible to chase. This means the infection, tumor, etc. must have developed, spread or become worse in another way.

Basics of a Medical Malpractice Claim

If a patient is hurt as a result of the negligence of a medical professional, they possibly will be able to file a claim. As stated previously, filing a claim in Florida for malpractice can be difficult. It may not be straightforward. For instance, a victim of medical malpractice may have the burden of meeting the following requirements to effectively file a malpractice claim against a doctor or other health professional:

Breach of the Standard of Care

It must be proven that the physician, nurse, or any other health professional breached the pertinent standard of care owed to you or someone close to you. To establish that a breach happened, Malpractice Act of Florida necessitates that you get a medical professional practicing in the similar field as the medical doctor who made the alleged malpractice and get a sworn affidavit from the physician. Without this affirmation, your claim will be dismissed by the court.

Proximate Causation

After the discovering a breach of the standard of care, you must also provide evidence of the causation. This means that you have the challenge of showing that the doctor’s negligence was the “proximate cause” of your condition. Mostly, there must be proof that the doctor’s negligence caused the injuries you suffered.


To be frank, there must be a substantial injury to the patient to make a medical malpractice claim in Florida feasible. This is because the expenses of starting a malpractice claim is pretty high. As stated earlier, you must find a medical professional in the same field to assess your file and make a decision as to whether malpractice happened. Medical professionals will not do this for free. In reality, many charge a substantial amount of money. This means that the injury must be critical enough to have caused significant medical charges, wasted time from work, and instigated serious pain and suffering.

Damages You Can Pursue Through a Medical Malpractice Claim

If a medical professional in the same field of the doctor you accused signs off your claim and confirms that a breach of the standard of care happened, and there is a proof to validate the proximate cause, you can go after compensatory damages which is not above a certain limit. The government of Florida established a limit on the sum of damages that can be gotten from a malpractice lawsuit (For non-economic damages, $500,000 is the maximum amount of money to be paid when a lawsuit is filed against a health professional like a doctor). Usually, there are two major types of medical malpractice damages that can be pursued, these are economic and non-economic damages. Examples of non-economic damages are discomfort, suffering, pain, etc. Economic damages include medical charges and lost incomes. Non-economic damages are more insubstantial damages and those have the stated constitutional cap of $500,000.

Medical Malpractice Statute of Limitations – Don’t Waste Time

If you are interested in taking a lawsuit against a health professional, do not waste time before asking a lawyer your legal option or the possibility of getting compensatory damages. This is because there is a statute of limitations on the period of time you or your close relative can file a lawsuit for medical malpractice against a negligent surgeon, physician, and other health professionals. If you do not file a claim within the definite time limit, you may be unable to pursue damages. In Florida, the statute of limitations for a medical malpractice claim against the negligence of a doctor, nurse, and other health professionals is a two-years. Meaning you have two years to file a medical malpractice claim, beginning from the day of the injury or when you discover that you were injured.

Finally, if you or a loved one was really injured by a doctor, surgeon, nurse, or other health professional such as a pharmacist. Consult an experienced Florida medical malpractice lawyer. Experienced medical malpractice attorneys in Florida will take the time to assess your medical records to know whether a mistake or negligent act really happened. You can also contact these attorneys and deliberate on your potential legal options.