Florida Medical Malpractice Laws

It’s crucial to understand that the information provided here serves as a general guide and is not a substitute for professional legal advice. If you or a loved one has been injured by a medical professional, seeking advice from a medical malpractice lawyer as soon as possible is essential, as there is a statute of limitations on your claim.

WHAT DEFINES MEDICAL MALPRACTICE?

To establish a medical malpractice case, specific legal criteria must be met. Not every unsuccessful surgery qualifies as malpractice; complications or fatalities can occur despite a surgeon or medical professional’s best efforts. To bring a case forward, the following elements must be present:

• A formal doctor-patient relationship
• Negligence by the doctor or medical professional
• An injury to the patient

In Florida, proving a medical malpractice case requires two primary elements:

• A breach of the standard of care
• Causation

Florida’s Medical Malpractice Act

Under the Florida Medical Malpractice Act, you must demonstrate that a medical professional failed to provide adequate care to you or your loved one. This requires testimony or a sworn affidavit from another medical professional in the same field. Without this testimony or legal document, your case will be dismissed. For instance, if you or a loved one received an inaccurate or delayed cancer diagnosis, an oncologist must testify or provide a sworn affidavit supporting your malpractice claim.

Additionally, proving causation is a requirement under Florida law. You must show that the negligence of the doctor or other medical professional directly caused your injury. This means that the medical professional’s actions or lack thereof contributed to an injury or death.

Examples of Medical Malpractice 

Medical professionals are human and can make mistakes, but they are required to follow certain standards to ensure patient safety. When these standards are not met, necessary tests are not ordered, or assaults occur, you may have grounds for a medical malpractice claim. Examples of medical malpractice include:

• Misdiagnosed or undiagnosed conditions (e.g., cancer, appendicitis, strokes, heart attacks)
• Medication errors (e.g., incorrect medication or wrong dosage)
• Birth injuries
• Surgery errors (e.g., operating on the wrong body part, leaving a tool or object inside a patient)
• Improper administration of anesthesia
• Emergency room errors
• Contracting a disease while at the hospital
• Improper treatment of a medical condition
• Medical equipment failure

Statute of Limitations 

The Statute of Limitations (SOL) for medical malpractice cases is outlined in Florida Statutes 95.11(4)(b). According to this law, you must file a malpractice suit within two years from the date you discovered the harm or from when you reasonably should have discovered the harm caused by negligence. There is an absolute deadline of four years from the date of the actual alleged medical malpractice event. For minor children under the age of eight, the lawsuit must be filed before their eighth birthday.

Florida law includes a “fraud” exception to the statute of limitations. If fraud, concealment, or intentional misrepresentation of facts related to the injury is involved, the period of limitations extends forward two years from the time the fraud is discovered. In such cases, the deadline can be extended up to seven years. Essentially, no medical malpractice lawsuit can be filed in Florida if more than seven years have passed since the incident occurred.

Damages from Medical Malpractice Lawsuits

Florida previously had a “cap” on non-economic damages in medical malpractice lawsuits. The cap was set at $500,000 against practitioners and $750,000 against non-practitioners. Non-economic damages included:

• Loss of quality of life
• Anxiety
• Trouble sleeping
• Mental anguish
• Chronic pain

This cap never applied to economic losses such as future earnings, medical costs, or medical care.

However, in the recent Florida Supreme Court case North Broward Hospital Dist. v. Kalitan, these caps on damages were overturned. As a result, Florida no longer has caps on non-economic damages. It’s important to note that a new bill could be introduced at any time to reinstate caps on compensatory or punitive damages. For instance, the Florida Legislature attempted to bypass the Florida Supreme Court with HB 7077, although this bill died in committee.

Therefore, it remains crucial to discuss your case with an attorney to understand the current statutes and how they may affect your claim.