Medical Malpractice in Florida

Injuries caused by health care professionals

Imagine You're in a Florida hospital, undergoing routine surgery. But something goes wrong. Suddenly, you're facing unexpected complications, a longer recovery, or worse—all due to a medical error.

You're not alone.

According to the National Practitioner Data Bank, Florida ranks fifth in the nation, with 5.61 medical malpractice claims per 100,000 people.

As we dive into the complexities of Florida's medical malpractice laws, remember that knowledge is power. Armed with the correct information, you can take the necessary steps to preserve your rights following a medical malpractice incident and recover the compensation you deserve.

What qualifies as medical malpractice?

Medical malpractice arises when a patient suffers harm due to a healthcare provider's departure from established standards of care. 

Any licensed healthcare professional, including nurses, therapists, and even technicians, can face a medical malpractice lawsuit. 

Common examples of medical malpractice include:

• Failure to diagnose: This occurs when a healthcare provider overlooks or fails to identify a medical condition, potentially leading to a delay in treatment and worsening of the patient's condition.
• Misdiagnosis: Similar to failure to diagnose, misdiagnosis happens when a healthcare provider incorrectly identifies a patient's condition, resulting in inappropriate treatment that can harm the patient.
• Lab result errors: Misinterpretation or overlooking critical lab results can lead to incorrect treatment decisions, further endangering a patient's health.
• Medication errors: Prescribing the wrong medication or dosage poses serious risks. These mistakes often stem from not fully understanding a patient's medical history, allergies, or current medications, which can result in harmful drug interactions or ineffective treatment.
• Non-adherence to medical protocols: Every medical procedure has established guidelines and protocols. Deviating from these can lead to patient harm, whether in surgical settings, patient care, or treatment plans.
• Inadequate informed consent: Healthcare providers must inform patients about the risks of a particular treatment or procedure. Failure to do so deprives the patient of the opportunity to make an informed decision, potentially leading to unexpected complications.
• Premature discharge: Discharging a patient too early from medical care can result in inadequate recovery, leading to complications or readmission. This often stems from a misjudgment of the patient's condition or external pressures in the healthcare setting.

Proving medical malpractice in Florida

In order to establish a medical malpractice claim in Florida, patients must prove the following two elements:

1. The health care provider failed to exercise the degree of care and skill expected of a reasonable health care provider in the profession, and
2. Such failure was the actual and proximate cause of the patient’s injury.

In a medical malpractice case, the focus of the lawsuit will typically be on what the health care provider should have done in a specific set of circumstances. The standard by which the health care professional is judged is referred to as the “medical standard of care.”

To put it another way, the plaintiff will attempt to persuade the judge or jury that the health care professional failed to act with the same level of care that an ordinary health care professional with the same training and experience would have, and the defendant will attempt to persuade the judge that the health care professional acted competently.

Various types of evidence may be used to support a medical malpractice claim in Florida, including:

• Medical records and documents
• Expert testimony
• Witness statements
• Photographs of video evidence
• Internal policies and procedures

Medical malpractice rules specific to Florida

Although medical malpractice claims across the country are similar, each state has different rules a plaintiff must follow.

In Florida, you need to serve a medical professional with a notice of intent prior to starting your medical malpractice case. This should include an affidavit from a health care professional saying that it’s a valid medical malpractice claim. This sets off a 90-day settlement period during which the statute of limitations (generally two years from when the injury was discovered) is tolled. If the medical professional does not want to settle, you get another 60 days to file your lawsuit or the remainder of the statute of limitations, whichever is longer.

The exception to this is if the health care provider tried to conceal the malpractice by fraud or deceit. If that’s the case, then the statute of limitations is two years from when the injury was discovered or seven years from when the malpractice happened. This doesn’t apply to minors if the malpractice occurred before his or her eighth birthday.

Additionally, medical expert witness testimony is required for all malpractice cases in Florida.

Compensation in Florida medical malpractice cases

In Florida medical malpractice cases, the types of compensation available typically include:

• Economic damages: These cover quantifiable losses such as medical bills, future medical care costs, lost wages, and loss of future earning capacity.
• Non-economic damages: These are for intangible losses, including pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium or companionship.
• Punitive damages: Although less common, these may be awarded in cases of particularly egregious negligence or intentional misconduct to punish the wrongdoer.

Each case varies, and the specific compensation available depends on the circumstances and the extent of harm suffered.

Importantly, Florida made a major change to their damage caps laws in 2017. There used to be caps on non-economic damages in medical malpractice cases. Specifically, Florida capped non-economic medical malpractice damages at $500,000 for practicing health care professionals and $750,000 for non-health care professionals.

This was changed in 2017 when the state Supreme Court struck down that provision as unconstitutional because it violated the Equal Protection Clause. Now there is no limit to non-economic damages for medical malpractice cases.

Florida’s Good Samaritan Act

Florida's Good Samaritan Act, found in Florida Statutes Section 768.13, protects individuals who voluntarily provide emergency care or treatment in a crisis from liability. These laws apply to anyone who acts in good faith, without expectation of compensation, and is not engaged in gross negligence or willful misconduct. 

The intention of Florida’s Good Samaritan Act is to encourage people to help others in emergency situations without fear of legal repercussions. This protection extends to both medical professionals and laypersons who provide aid. However, the specifics of the law and its application can vary based on the circumstances of each case.

Helpful resources to help you hire the best Florida personal injury lawyer

If you suffered at the hands of a medical professional, consider reaching out to a Florida medical malpractice attorney sooner than later. Most initial consultations are free. 

In the meantime, the following resources may help:

• Birth injury lawsuits in Florida: A parent's guide
• Just how common are medical malpractice claims in Florida?
• What is Florida's “Free-Kill” law?
• Choosing a personal injury attorney – interview questions
• When do you NOT need an attorney after an accident?
• Preparing to meet with a personal injury attorney
• How damages are calculated