If you’ve been harmed by a medical provider’s actions (or inaction) in Florida, you may be entitled to compensation. However, medical malpractice cases come with a set of requirements that don’t apply to other types of personal injury claims, including some that must be taken before you even file your lawsuit in the first place.
Below, we’ll cover the details of medical malpractice lawsuits in Florida so that you can take appropriate legal action.
What Qualifies as Medical Malpractice in Florida?
Medical malpractice occurs when a healthcare provider fails to meet the acceptable standard of care while treating a patient, and that failure causes harm. This applies to all kinds of medical providers, such as doctors, as well as the places that employ them, like hospitals.
To have a valid medical malpractice claim in Florida, you generally need to establish four elements:
- The healthcare provider owed you a duty of care through a treatment relationship.
- The provider failed to meet the standard of care that a similarly qualified professional would have followed.
- That failure directly caused your injury.
- You suffered actual damages, including medical bills and pain and suffering.
Not every negative medical outcome will qualify as malpractice. The key question is whether the provider acted in a way that fell below what is considered acceptable within their specialty.
Florida’s Presuit Investigation Requirement
Before you can file a medical malpractice lawsuit in Florida, you are required by law to conduct a pre-suit investigation. Described under Florida Statutes § 766.203, the purpose of this investigation is to confirm that there are reasonable grounds to believe that malpractice occurred.
As part of this process, you must have a qualified medical expert review your records and provide a verified written opinion stating that the healthcare provider’s conduct fell below the standard of care and caused your injuries. This expert must practice in the same or a similar specialty as the provider you’re planning to sue. Without this expert opinion, your case cannot proceed.
The Notice of Intent and 90-Day Waiting Period
Once the pre-suit investigation is complete, the next step is sending a formal Notice of Intent to Initiate Litigation to each healthcare provider you plan to name in the lawsuit. This requirement is laid out in Florida Statutes § 766.106.
The notice must include:
- A description of the alleged negligence and the injuries it caused
- The expert affidavit supporting the claim
- Copies of the medical records the expert relied on
Once the notice is received, a mandatory 90-day investigation period begins. During this window, the defendant’s insurance company will conduct its own review of the claim. At the end of the 90 days, the defendant must respond in one of three ways:
- Reject the claim outright
- Make a settlement offer
- Admit liability and propose arbitration on the issue of damages
You cannot file your lawsuit until this 90-day period has expired. However, the statute of limitations is paused during this time, so you won’t lose any filing time while you wait.
How Long Do I Have to File a Medical Malpractice Lawsuit in Florida?
Florida’s statute of limitations for medical malpractice typically gives you two years from the date you discovered (or should have discovered) the injury. On top of that, there is a four-year statute of repose, which sets a maximum time limit of four years, regardless of when you found out about the malpractice.
However, there are certain circumstances where these time limits may be extended. To best protect your rights, you should reach out to a medical malpractice lawyer for help as soon as you suspect you have a valid claim.
What Damages Can I Recover in a Florida Medical Malpractice Case?
If your claim is successful, Florida law allows you to recover both economic and non-economic damages. The specific amount will depend on the severity of your injury and how it has affected your life.
Economic damages cover your measurable financial losses:
- Medical bills, past and future
- Lost wages
- Diminished earning capacity
- Costs of ongoing rehabilitation or long-term care
- Out-of-pocket expenses
Non-economic damages account for the personal impact of your injury:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Trauma
- Loss of consortium
Punitive damages may be available as well, but only if the at-fault party acted with gross negligence or engaged in intentional misconduct.
Schedule a Free Consultation With a Jacksonville Medical Malpractice Attorney at Coker Law Personal Injury Lawyers
Medical malpractice claims in Florida come with requirements that go well beyond what’s involved in a standard personal injury case. The presuit process alone can take months, not to mention what’s involved once litigation actually gets underway. Having a Jacksonville medical malpractice attorney on your side is critical under these circumstances.
Contact Coker Law Personal Injury Lawyers today at (904) 356-6071 for a free consultation.