The general population relies on doctors and other medical providers to take care of them when they are ill or have a medical disorder. Whether surgery is deemed necessary or other treatments are used, there always exists the possibility that a mistake will be made. Yet these mistakes are not always grounds for a medical malpractice case. Here’s what you need to know before going forward.
What Is Medical Malpractice in Florida?
In the state of Florida, medical malpractice is defined as negligence on the part of a healthcare provider. Negligence in this case means that the healthcare professional did not follow a reasonable standard of care. Medical malpractice cases can also be filed against healthcare providers that act fraudulently or intentionally harm a patient.
Statute of Limitations
A statute of limitations is the amount of time that you have a valid case in the eyes of the courts. In Florida medical malpractice cases, you must file your case within two years of discovering that the injury occurred. However, the statute of repose in Florida also states that you must file your case within four years of the incident that caused the injury. The only exception to this rule is if the injury was due to fraud or intentional harm.
Damages refers to the award that you are given when you win your case. In the state of Florida, you are able to get compensatory damages for the expenses and lost wages that you incurred that was a direct result of the injury. You can also get non-economic damages of up to $1 million. Minor children and spouses can file medical malpractice against healthcare professionals responsible for wrongful death, but adult survivors will not be able to get non-economic damages. Punitive damages are limited to cases in which the doctor or healthcare professional caused intentional harm.
If you have been harmed by a doctor or other healthcare professional, do not suffer in silence. Contact us today for more information or to schedule your free consultation.