Can You Sue a Hospital in Florida for Medical Malpractice?
If a Florida hospital, or its employees or agents, acts negligently and causes serious harm, patients have the right to hold the facility accountable. This often occurs if the hospital staff fails to provide adequate care or if the hospital does not have adequate policies and procedures to protect its patients.
If you believe this happened to you or a loved one, working with an experienced Florida hospital negligence lawyer is your best option. They will know the legal standards and statutes that apply in these cases and how to build a compelling case for compensation.
When Can a Victim Hold a Florida Hospital Accountable for Medical Malpractice?
In many malpractice cases, the victim pursues a case against a doctor or another individual care provider. However, sometimes, hospitals may be liable for medical malpractice. This can occur when:
An Employee or Agent Is Negligent
A hospital could be liable for injuries that occur because of the action or inaction of a hospital employee or agent. This is based on a legal doctrine known as respondeat superior, which holds employers responsible for the negligent actions of their workers while they are on the job. It is important to recognize many doctors are not hospital employees, but other types of care providers might be.
However, in some circumstances, an experienced medical malpractice attorney can prove that a non-employee doctor or other provider was an agent of the hospital, and therefore the hospital would be liable for that healthcare provider’s conduct.
Negligent Hiring or Supervision
Hospitals must hire competent, trained, and experienced medical professionals and ensure these professionals have the supervision and guidance necessary to do their jobs properly. If a hospital fails to uphold either of these duties, the facility could be held responsible for malpractice injuries that occur.
Failure to Implement or Enforce Policies
Hospitals must create and enforce policies that keep patients safe and ensure they receive an acceptable standard of care. When a hospital fails to implement or enforce a policy, the facility could be liable for any injuries caused by these actions. Examples include lax safety protocols, failure to put checks in place to eliminate medication errors, or failure to provide the proper equipment for doctors.
The best way to learn if you might have a viable medical malpractice case against a Florida hospital is to discuss your case and options with an experienced medical malpractice lawyer near you. These case evaluations are usually provided for free.
Understanding Medical Malpractice Under Florida Law
Medical malpractice occurs when a healthcare provider fails to provide an acceptable standard of care and the patient suffers preventable harm. The healthcare provider could be a doctor, nurse, other trained professional, clinic, or hospital.
Under Florida Statutes § 766.102, Florida lawmakers outline what medical negligence may look like. Some common examples include:
- Misdiagnosis, delayed diagnosis, or missed diagnosis
- Surgical errors
- Anesthesia errors
- Medication errors
- Improper treatment or failure to treat
- Birth injuries
These cases rely heavily on expert reports and opinions. In fact, Florida law requires an affidavit of merit from one before a case can proceed. This is because defining an accepted standard of care requires a careful review and feedback from another care provider with similar training and experience.
When Do I Need to Talk to a Hospital Negligence Lawyer About My Case?
You should consider discussing your legal options with a Florida medical malpractice lawyer as soon as you realize malpractice may have occurred. While the statute of limitations for medical malpractice in Florida, Florida Statutes § 95.11, gives a deadline for filing suit, many other steps must occur before filing a complaint.
The medical malpractice laws in Florida are complex and make it difficult for victims to hold hospitals accountable. However, working with an attorney with medical malpractice knowledge and experience helps give you a fair fight in your quest for compensation.
Connect with an attorney as soon as possible to learn more about your rights and legal options, as well as this process and the applicable laws that could affect your case.
Navigating the Florida Medical Malpractice Process to Hold a Hospital Accountable
Florida medical malpractice law has strict requirements that victims must meet before they are allowed to file a lawsuit. These requirements are outlined in Florida Statutes § 766.106. Primarily, this includes:
Providing a Notice of Intent to Initiate Litigation
Victims must notify the defendants in a medical malpractice case with notice of their intent to sue. This process has strict timelines and provides a 90-day period when all involved parties can gather evidence to investigate and determine what happened.
During this period, many parties attempt to reach a settlement. However, this does not always happen, and your attorney should be willing to sue and take your case to trial when necessary.
Conducting a Pre-Suit Investigation
Florida law requires that you conduct a pre-suit investigation and obtain an affidavit of merit from a medical expert. This is a signed, sworn statement showing the expert reviewed the case facts and agrees that malpractice occurred. They believe the doctor or hospital failed to provide an acceptable standard of care, and this caused your injuries. Your lawyer will have a network of experts they can call on to review your case for this purpose.
If you fail to follow these requirements, you could lose the right to pursue compensation based on the injuries and damages you suffered. It is crucial to follow the required steps and protocols exactly. Having an attorney who navigates this process regularly will protect your rights and ensure you have the necessary evidence to support your case when the time comes.
Discuss Your Florida Hospital Negligence Case With Our Medical Malpractice Team
At Freidin Brown, P.A., our attorneys handle hospital negligence and medical malpractice cases all the time. It is a primary focus of our practice. We have the skills, knowledge, experience, reputation, and resources to manage your case—and win.
We provide free, confidential case evaluations for those who suffered medical malpractice injuries in Florida. We can help you identify the potential plaintiffs in your case and make sure we are pursuing maximum compensation. Contact us today to get started.
