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Florida’s Medical Malpractice Laws: Understanding the Limitations

Medical malpractice happens when a doctor, or any healthcare provider, injures a patient. However, not all medical errors may lead to a medical malpractice claim. If you live in Florida and have been injured as a result of an error committed by a health professional or facility, you may have the basis for a legitimate medical malpractice claim. It takes a while for a medical malpractice to be fully resolved by a court. If you are just starting with a claim or if you are considering filing a claim, this article will help you learn about medical malpractice claims and be prepared to pursue compensation in your case.

What Is Florida Medical Malpractice?

Under Florida law, medical malpractice happens when a doctor, nurse or other healthcare professional is negligent. A medical professional is negligent when they violate the standard of care when treating their patients. Florida defines the standard of care as the level of care, treatment, and skill which, given all the facts of the patient’s condition, is recognized as appropriate and acceptable by other health care providers.

Florida Statute of Limitations and Repose

Florida limits the time frame for bringing a medical malpractice claim to two years. There is also an additional time limit known as the statute of repose. The statute of repose provides that unless there are extenuating circumstances, a patient may not sue a healthcare provider more than four years after the malpractice occurs. This means that a patient must realize they have been the victim of medical malpractice within four years of the medical malpractice or lose the right to file a claim. There are exceptions to the statute of repose in cases where the medical professional perpetrated fraud or misrepresentation. If this occurs, a patient may still have the opportunity to file a claim despite the limitation imposed by the statute of repose.

Florida Places Limits on Damages

In most claims, a victim will seek damages or financial compensation for the physical and psychological harm caused by the medical malpractice. Florida places a $1 million cap on the amount of non-economic damages a victim can seek in a claim. Non-economic damages are those that compensate an injured patient for less tangible expenses such as mental anguish or pain and suffering.

Medical Malpractice Claims Are Complex

Medical malpractice cases involve both medical and legal knowledge. In addition to the lawyers and doctors needed to develop your claim, you may also be dealing with a malpractice insurance carrier. These insurance companies also have large legal teams who will review the details of your claim and advocate on behalf of the insurance company.

Let an Attorney Help you With a Medical Malpractice Claim

Do not let the complexity of a medical malpractice claim prevent you from seeking compensation for any harm a medical professional caused you. It may be complex, but the right attorney can help you navigate Florida’s complex medical malpractice laws. If you are considering filing a medical malpractice claim, please contact the Miami medical malpractice attorneys at the office of Alan Goldfarb, P.A. We understand the nuances of Florida’s medical malpractice laws and can ensure that you are properly compensated for your injuries. Contact us today to schedule an appointment.

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