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.

Informed Consent in Florida

Florida law defines informed consent as: “[C]onsent voluntarily given by a person after a sufficient explanation and disclosure of the subject matter involved to enable that person to have a general understanding of the treatment or procedure and the medically acceptable alternatives, including the substantial risks and hazards inherent in the proposed treatment or procedures, and to make a knowing health care decision without coercion or undue influence.” Essentially, informed consent is a legal requirement that ensures the patient has enough information to understand what they are agreeing to. Florida’s Medical Consent Law outlines the minimum requirements physicians must meet to be in compliance with informed consent regulations in the state of Florida.

If a patient suffers from an outcome that was not disclosed or understated, the doctor may be liable for any injury the patient suffers as a result. This is most common with surgical procedures, where patients are ill-informed about the side effects of anesthesia, possible permanent paralysis, infection, nerve damage, or other long-term disability. Granted, these must be foreseeable risks. If something has never happened as a result of such a surgery, but something new ends up going wrong, there may be liability under a negligence theory in addition to or instead of informed consent violations. Negligence occurs in surgical situations where a doctor, who has a duty to act reasonably while operating, causes injury and damage to a patient.

Florida Medical Malpractice Attorneys

People want to be able, and in most cases should, trust their doctors. Physicians have specialized knowledge that they have a legal obligation to express to their patients in a way they can understand so that the patient can make informed decisions about their health and treatment. Miscommunications happen. Mistakes happen. But when you are injured as a result of something you did not agree to, someone should be held responsible.

If you or anyone you know has been injured as a result of a doctor’s negligence or if you underwent a procedure you would not have gone through with, had you known of the adverse consequences, you may be entitled to compensation. At Alan Goldfarb, P.A., our experienced medical malpractice attorneys know how to work with doctors, providers, insurance companies, and other attorneys to vigorously litigate your case to ensure you receive the compensation you are entitled to. We understand how frustrating, emotional, and financially damaging an injury can be, and we will help you understand what is going on every step of the way so you can focus on getting better. Contact us at our Miami office today to learn more about your legal rights as a medical patient in Florida.

Treatment Options and Doctor Negligence

The flu is one of several illnesses that may present with benign symptoms at first. A doctor may recommend plenty of fluids and rest, or prescribe medication if they find your illness to be something more serious. Though doctors are human and make mistakes, physicians also have a heightened obligation to their patients to ensure their health and safety. Sending someone home when they are truly ill can be a death sentence; failing to proscribe a necessary medication or proscribing an insufficient one; not taking a patient’s claims seriously . . . each of these occurrences can have potentially life-altering consequences on an ill patient.

We, as patients, have obligations too. You cannot expect your physician to treat you adequately if you do not provide them with all of the information they need to come to a diagnosis. Providing a detailed, accurate, and truthful medical history is necessary to help your doctor to evaluate your condition. The doctor can then better assess your genetic pre-dispositions, understand your past health, and detect any pre-existing conditions that may be contributing to your current health complaints.

On the flip side, a physician has an obligation to explain any procedures he will do, inform the patient of the possible risks and possible benefits of operations, medication use, foregoing treatment, or other remedies, and to answer questions pertaining to care, treatment, and long-term consequences. We trust doctors because they are experts in ways we are not, and believe they will do what is in our best interest. Though most act reasonably, carefully, and conduct themselves in a manner that puts your health first, a negligent doctor can detrimentally impact your life and cause irreparable harm on your health and wellness. Knowing what your legal rights are if a doctor acts negligently or carelessly and causes you harm is of critical importance for your ultimate recovery.

Miami Medical Malpractice Lawyers

Being injured or suffering permanent damage due to the negligence of someone you entrusted with your life can be emotionally, physically, and financially devastating. You may be faced with unanticipated medical bills as a result of undisclosed complications, or miss work due to your injuries. Regardless of the unique circumstances surrounding your case, our knowledgeable medical malpractice lawyers at Alan Goldfarb P.A. will work tirelessly to obtain the best possible result possible. We confidently advocate for our client’s interests and will strive to obtain compensation for your medical expenses, pain and suffering, lost wages, and any other monetary damages permissible under the law. No one deserves to be injured at the hands of someone they trust; contact our Miami offices to learn more about your rights when working with medical professionals today.