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Oaks Plaza – 14125 NW 80th Ave, Suite 400 – Miami Lakes

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2325 Stanford Court, Naples, Florida 34112

(239) 793-3331

Main Office

Oaks Plaza – 14125 NW 80th Ave, Suite 400 – Miami Lakes

(305) 374-1011

Naples Office

2325 Stanford Court, Naples, Florida 34112

(239) 793-3331

5 Lesser-Known Facets of Florida Medical Malpractice Laws

5 Lesser-Known Facets of Florida Medical Malpractice Laws

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When it comes to navigating the complex terrain of medical malpractice laws, knowledge is power. Weinstein & Cohen, South Florida and Southwest Florida’s premier personal injury law firm, understands the importance of being informed. In this post, we aim to shed light on five aspects of Florida medical malpractice laws that might not be commonly known, offering a comprehensive overview to empower individuals seeking fair and just compensation.

Statute of Limitations: Time is of the Essence

Florida, like many states, has a statute of limitations for medical malpractice claims. Generally, a patient has two years from the time they discovered, or should have reasonably discovered the medical mistake, to file a lawsuit. However, Florida law also imposes a four-year limit, irrespective of when the injury is discovered. Exceptions may apply, such as cases involving minors and when a medical provider actively conceals their mistake. Understanding these timelines is crucial for those seeking legal recourse.

Pre-Suit Requirements: Navigating the Complex Landscape

Florida has specific pre-suit requirements that must be fulfilled before filing a medical malpractice lawsuit. One of these is obtaining an affidavit from a medical expert confirming that there is a valid case of negligence. This added layer is intended to filter out frivolous lawsuits and ensure that claims are grounded in merit. It’s important to engage with an attorney who understands these procedural intricacies to avoid potential pitfalls.

Caps on Damages: Understanding Financial Limits

In some instances, Florida law can limit damages in medical malpractice cases.  Whether a cap exists, and the nature of the cap depends on a variety of factors.  For example, claims against municipalities, such as a claim against a county hospital, have a $200,000 global cap on all damages.  Another example is when a medical provider admits liability in the pre-suit.  When this happens, pain and suffering damages may be limited to either $250,000 or $350,000.  The important thing is hiring an attorney who knows how to achieve maximum compensation. 

Comparative Fault: Shared Responsibility Matters

Florida follows a pure comparative fault system in medical mistake claims.  That means a plaintiff’s recovery can be reduced based on their percentage of fault. If the patient’s actions contributed to the injury in any way, the damages awarded will be reduced. Understanding how comparative fault may apply is crucial, as it can affect the final compensation received.

Hospital Vicarious Liability: Holding Institutions Accountable

Florida law recognizes the concept of vicarious liability in medical malpractice cases. This means that hospitals can be held responsible for the actions of their employees, including doctors and nurses. Establishing the hospital’s liability can add a layer of complexity to a case, but it’s a vital consideration when seeking full and fair compensation for injuries caused by medical negligence.

Medical malpractice cases in Florida demand a nuanced understanding of the law to navigate the complexities successfully. Weinstein & Cohen provides the highest level of legal representation, ensuring that our clients are well-informed and empowered throughout the legal process. By shedding light on these lesser-known facets of Florida medical malpractice laws, we hope to empower individuals to make informed decisions when pursuing justice for themselves or their loved ones.

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For more information, visit fairnessforall.com or call our office directly in South Florida at 305-374-1011 or in Southwest Florida at 239-793-3331.

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Our team has demonstrated the ability to achieve fair and just compensation for our clients . We provide potential clients with verifiable results from a variety of our cases; both large and small but all important to each individual person.