Who Can Sue for Medical Malpractice in Florida?
Parties injured by medical negligence can sue for medical malpractice in Florida. Parents and guardians can also take legal action on behalf of minor children or adult wards. If a medical malpractice injury results in a fatality, the deceased’s personal representative can sue on behalf of the estate and surviving family.
If you or someone you loved suffered harm due to a medical error, you may have a claim for compensation. A medical malpractice lawyer with our firm can tell you more about taking legal action.
Do You Qualify to File a Medical Malpractice Lawsuit?
You may qualify for a medical malpractice lawsuit if you or someone you love suffered an injury caused by negligent medical treatment or a medical error. You can sue for medical malpractice in Florida for injuries resulting from:
- Doctor error
- Nursing error
- Hospital negligence
- Emergency room negligence
- Medication errors
- Anesthesia errors
- Surgical complications
- Wrong-site or wrong-patient surgeries
- Unnecessary surgeries
- Infections, sepsis, and septic shock
- Birth injuries
- Misdiagnosis or failure to diagnosis
- Failure to treat
- Premature patient discharge
Who Can You Sue for Medical Malpractice?
Liability for medical malpractice can rest with a healthcare provider or medical facility. Depending on the facts of your case and the type of injury you sustained, you may be able to sue a:
- Doctor
- Nurse
- Midwife or birthing center
- Hospital or an emergency department
- Clinic
- Laboratory or pharmacy
- Residential care facility, its administration, or its staff
To prove that a party is liable for medical malpractice, you must establish the following elements of negligence:
- Professional duty of care – The provider or facility had a professional obligation to provide you with medical treatment (i.e., a doctor/patient relationship existed).
- Breach of duty – The provider or facility did not treat you in a way that met the standard of care expected for that field.
- Causation – The liable party’s breach of duty caused your injury.
- Damages – Because of your injury, you suffered financial damages and experienced pain and suffering.
Recoverable Medical Malpractice Damages
You can file a medical malpractice insurance claim or sue for the following medical malpractice damages in Florida:
- Medical costs. Medical compensation may include your current and future expenses. You could recover hospital bills, doctor’s fees, medical equipment costs, rehabilitation and physical therapy costs, and awards to pay for ongoing medical treatment and long-term nursing care.
- Lost income. You can recover lost wages and employment benefits if you cannot work because of your injury. If you have a permanent or disabling injury that affects your work capabilities, you may qualify for future lost wages and awards for lost earning potential.
- Pain and suffering. You can seek monetary awards for intangible losses, including scarring, disfigurement, severe and chronic pain, mental anguish, emotional distress, and diminished quality of life. If you are the parent of an injured child, you may qualify for these damages on their behalf and yours.
- Wrongful death. If your loved one sustained a fatal medical malpractice injury, their personal representative (executor) can file a wrongful death suit to recover medical bills, funeral and burial costs, and loss of the deceased’s financial support and intangible benefits. Surviving family members may also be able to pursue awards for their mental pain and suffering.
How Much Is Your Medical Malpractice Case Worth?
How much your medical malpractice case is worth will depend on factors unique to you and your claim. The following variables can affect the value of your settlement or verdict:
- How severe your injury is and how much medical treatment you will need to recover
- How your injury affects you mentally, emotionally, and physically
- How your injury interferes with your daily life
- Your age
- Your current income
- How long your injury will prevent you from working
- The strength of the evidence in your case
- How much money or insurance is available from the defendants or their insurance companies
The National Practitioner Data Bank (NPDB) received over 1,200 medical malpractice payment reports in Florida in 2023. Over 600 of these payments were $50,000 or more, and many were in the millions.
How Long Do You Have to Sue for Medical Malpractice in Florida?
Most medical malpractice cases get resolved through insurance. You should file medical malpractice insurance claims immediately. Doing so will ensure you meet policy deadlines. It can also protect you from allegations that your injury did not result from the medical treatment in question.
In addition, you must pay attention to the state’s statute of limitations, outlined in Florida Statutes § 95.11. Generally, victims have two years from the date of negligence or the date they discovered the negligence to file a medical malpractice lawsuit, but no more than four years from the negligent act, unless a rare exception applies.
This deadline applies to most cases, though there are circumstances that could extend your time. If the statute expires, you will likely be unable to take legal action. Further, mandatory notice must be served on all prospective defendants before filing your lawsuit.
How a Medical Malpractice Attorney Can Help With Your Claim
Firms that do not have medical or legal experience can quickly find themselves in over their heads with a medical malpractice case. Malpractice is a complex legal area, and there are many mistakes that general injury firms can make that can hurt a client’s chances of compensation.
Working with our team can give you an experienced legal ally who can put our firm’s full resources behind your case. While you focus on your health, we will:
- Investigate your claim. We will investigate your injury and gather evidence proving medical negligence, including medical bills and records, eyewitness interviews, and testimony from medical professionals.
- Manage case details. We will worry about drafting and filing paperwork, tracking and meeting deadlines, and communicating with involved parties so you don’t have to. Our team will handle planning and strategy sessions in your case and keep you updated and informed.
- Fight for maximum compensation. Before we sue for medical malpractice, we will aggressively negotiate with insurance companies and hospitals for the maximum compensation possible. When a trial is necessary, we will not hesitate to represent you.
- Offer practical support. We want to hear your story and help you get justice. We know the challenges injured parties face and how to navigate them. We are here to answer questions about medical malpractice lawsuits and address your concerns about the process.
Contact Freidin Brown, P.A. to Learn More About Suing for Medical Malpractice
The legal team at Freidin Brown, P.A. has over 100 years of combined legal experience representing medical malpractice clients, and our results show that we have a history of winning.
We work on contingency, so our services cost nothing upfront or out of pocket. Contact us online or call today. We offer free and confidential case evaluations to get you started.
