Medical malpractice can have long-lasting effects on the lives of patients and their families.
If you reside in Florida, it is crucial to understand the laws and regulations regarding medical malpractice claims.
What is medical malpractice?
Healthcare providers commit medical malpractice when they fail to provide adequate care to a patient, resulting in harm or injury. In Florida, to prove medical malpractice, a plaintiff must establish that the healthcare provider breached the standard of care owed to the patient, and that this breach caused the patient’s injuries.
Statute of limitations
Florida law imposes a statute of limitations on medical malpractice claims. This means that patients must file a lawsuit within a specific time frame after the injury occurred, or they may not be eligible for compensation. The statute of limitations for medical malpractice claims in Florida is usually two years from the date of the injury or from the date the patient discovered the injury or the date it would have been discovered with due diligence, but no more than four years from the incident’s date.
Caps on damages
Florida has caps on damages in medical malpractice cases. This means that there is a limit on the amount of money a plaintiff can recover for non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. One of the factors in determining the amount of damages recoverable is the incident date that gave rise to the claim. The cap for incidents that occurred before 2017 is $500,000, while the cap for incidents that occurred after 2017 is $1,000,000.