Does Comparative Negligence Apply in a Florida Medical Malpractice Case?
In Florida personal injury cases, your own misconduct can reduce the amount you can recover from the party that caused your injuries. Comparative negligence even applies to medical malpractice claims, although some laws differ for these types of cases.
In 2023, legislation changes created some confusion for injury victims. Florida’s statute on modified comparative fault decreases your compensation according to the proportion of fault attributable to you up to a certain threshold. Comparative negligence applies to medical malpractice cases, but malpractice victims are not subject to certain limits that apply to other personal injury claims.
The legal concepts are complicated, so you should consult with a Florida medical malpractice lawyer on the details. However, you should read on for some important information that may affect your rights.
Important Negligence Law Changes in Florida Legislature
In March 2023, the Florida governor signed House Bill 837 (Civil Remedies). This legislation changed many laws surrounding civil cases, including Florida’s negligence laws outlined in Florida Statutes § 768.81.
With the passing of HB 837, victims of most personal injury cases were limited by a modified comparative negligence rule. Victims can still be partially at fault for their accidents or injuries and pursue reduced damages, but anyone deemed more than 50 percent liable for their accident can no longer claim any damages.
However, medical malpractice cases do not follow this percentage threshold for negligence. Victims can still claim damages if they are over 50 percent at fault for damages, and their damages are reduced in proportion to their share of blame.
So How Does Comparative Fault Work in Florida Medical Malpractice Claims?
When a healthcare provider or medical facility makes a medical error and causes harm to a patient, the victim can recover compensation in a medical malpractice claim. The key to success is proving the elements of medical negligence. A lawyer must prove that:
- The medical provider or facility had a duty of care to you. This just means establishing a relationship between the patient and the provider.
- The practitioner deviated from the acceptable, established standard of care in the medical field. This standard of care is based upon how a reasonably careful provider would have treated the patient under the same circumstances and in the same or similar field.
- The actions of this medical provider are the direct cause of the patient’s harm. Typically, doctors or other negligent professionals may try to say their care did meet the standard of care or that the patient did something that impacted their level of harm. Sometimes, patients do contribute to a worsening injury or conditions, but a malpractice lawyer must demonstrate that the provider also contributed to these issues.
- The injured patient has identifiable injuries and losses from this breach of the standard of care. A lawyer will work to identify all of these damages and seek full compensation for the patient’s losses.
Comparative fault enters the picture when the patient’s own negligence was a contributing factor in causing the harm or preventing the recovery process. In other words, even though the healthcare provider made a mistake, the patient is also partially at fault for the resulting bodily harm.
Examples of Patient Fault in a Medical Malpractice Claim
To determine the patient’s degree of fault in a medical malpractice case, we would review what transpired from the moment the patient sought care for an illness or injury. Some examples of patient negligence throughout the timeline of treatment may include:
- Stating false medical information, such as leaving out a key medical condition or an allergy
- Failing to follow doctor’s orders for at-home care
- Missing appointments and not rescheduling them
- Omitting information regarding tobacco, drug, or alcohol use
- Neglecting to visit a specialist upon referral
- In the case of an injury, lying about how it occurred and the surrounding circumstances
- Engaging in acts that aggravate or exacerbate a medical condition
You should note that any of these examples would be irrelevant if they’re not directly linked to your injuries. Failing to tell your provider about an allergy to penicillin is irrelevant if the doctor improperly set a broken bone in your leg.
Under Florida’s statute on comparative fault in malpractice cases, your monetary damages are reduced by the percentage of fault attributable to your actions.
How Can a Medical Malpractice Lawyer Help Determine Comparative Negligence?
Trying to fight insurance companies and hospitals alone is difficult. Your medical issues should take priority, and you should not have to worry about unfair or overblown accusations of your own negligence. Regardless of your actual level of fault, the other party will try to reduce how much they owe you for their negligence, leaving your future and health on uncertain grounds.
Our personal injury attorneys focus on medical malpractice claims, and we know how to handle these aggressive companies and facilities that want to offer unfair settlements. Our team has spent years navigating Florida’s complex and changing medical malpractice laws, and we carefully craft strategies to fight for maximum compensation on your behalf.
Our team will draw on over four decades of medical malpractice litigation experience and extensive resources to support your claim. We regularly consult a team of medical professionals and other experts from around the country who can write reports supporting your claim of negligence. We can work on negotiating a settlement that meets your needs, or we will represent you in court—no matter what, we will do what’s best for you.
Consult with a Florida Medical Malpractice Attorney Regarding Your Case
To learn more about how comparative fault can impact your compensation in a medical malpractice claim, please contact Freidin Brown, P.A. We can schedule a no-cost case evaluation for you at our offices in Miami or Fort Myers, or we can schedule a call virtually.
No matter where you are in Florida, we want to help you seek justice for a provider’s negligent care. Once we review your circumstances, we can determine the most effective strategy for enforcing your rights. Call us today to find out how our Florida personal injury lawyers can help with your malpractice case.
