Florida Medical Malpractice

Medical malpractice is a general term that when simply put, means medical negligence. The word malpractice is somewhat misleading because it conjures images of deliberate misconduct. Although deliberate, malicious acts do fall under Florida’s Medical Malpractice Law; most cases are due to simple medical negligence. Malpractice cases depend upon a thorough investigation of all elements involved in causation, legal responsibility, and damages.

Medical malpractice occurs when a healthcare provider does not offer an acceptable standard of care. Florida law describes an acceptable standard of care as “that level of care, skill, and treatment which is recognized as acceptable and appropriate by reasonably prudent, similar healthcare providers under similar circumstances.” In simpler terms, this means the healthcare provider did what other providers would do in that same situation. Healthcare provider refers not only to doctors, but also dentists, chiropractors, nurse practitioners, nurses, and technicians, to name a few. Before a malpractice case goes to court, the judge explains this legal definition of what exactly medical malpractice encompasses to the jury.

Florida’s Good Samaritan Statute offers immunity from civil liability in a medical malpractice suit. The Good Samaritan Statute covers most emergency room workers, emergency medical technicians (EMTs), and every day citizens who are trained in cardiopulmonary resuscitation (CPR). The provision is meant to encourage people to act in good faith during an emergency or life and death situation. For example, you and your family are enjoying a dinner out when suddenly; your child begins to choke on his or her food. You are in a panic and ask for help. The person sitting at the table next to you is a CPR certified, non-medical professional, who comes to the aid of your child and performs the Heimlich maneuver. Thankfully, your child expels the food and begins to breath. However, later that night, your child complains of sore ribs. You then take him or her to the doctor and discover two broken ribs. The doctor speculates that the person who performed the Heimlich maneuver is responsible for the broken ribs. The Good Samaritan Statute prevents you from filing a medical malpractice suit against the person who responded to an emergency.

Occasionally, there are cases of emergency room or EMT medical malpractice. In these cases, an unacceptable standard of care is defined as “reckless disregard” instead of negligence. Reckless disregard means that the person acted without concern for danger or safety to others. It is difficult to determine exactly what constitutes reckless disregard. Typically, a team of experts would review the case and decide if the person or facility acted with total abandon in regards to the wellbeing of others. It may be an EMT who does not ensure the scene is safe before administering first aid, or an emergency medical clinic that does not follow proper sterilization techniques. It is generally more time consuming and requires more research to prove an emergency care malpractice case, dependent upon the circumstance. Each case is unique and must be treated as such.

Malpractice cases are extremely expensive. An attorney may spend up to $100,000 in out of pocket expenses plus their time. Since they are so costly, most malpractice cases involve serious damage to the patient. Your attorney, with the help of other medical experts can determine if what happened falls under the professional standard of care, as the law describes. Expert witnesses are able to establish if negligence took place on the part of the healthcare provider. This is determined before the case goes to trial. For example, you go to the doctor for reoccurring headaches, she orders a CAT scan and finds nothing. Six months later, you still have the headaches and consult another physician. He orders a CAT scan and finds a malignant brain tumor, which is pressing on a nerve that has been causing your headaches. By this time, the cancer from the tumor has spread to your eyes and you will go blind. Is the first doctor guilty of medical malpractice or negligence? Maybe so, it is dependent upon several factors. Would it have made a difference in saving your eyesight if the first doctor would have notices the tumor or, would you still go blind? How much did the cancer spread within six months? Did the tumor grow in size in six months? Medical experts must answer these questions to determine if your case constitutes malpractice or negligence.

By law in Florida, medical malpractice attorneys must verify in writing that there was a reasonable investigation into the case and that they (the attorney) believe in good faith that their client has a claim. If the attorney does not do this, the judge may rule that the malpractice attorney pay the other party’s attorney fees. A person has two years from the time they either knew about or should have known about the injury occurring. This is the statute of limitations. It is illegal to file a medical malpractice suit after two years, unless there was fraud, misrepresentation, or concealment of the incident or injury. When that is the case, it falls under the statute of repose, which allows four years from the day of the incident to file a malpractice suit. However, after four years, you may not sue a healthcare provider for medical malpractice no matter what the circumstances unless it is a child under 8 years old. The statute of repose cannot terminate a child’s medical malpractice case after four years unless the child is over eight. No matter your situation or age, it is in your best interest to file a malpractice claim as soon as possible. Otherwise, you may lose all rights to compensation.

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