Medical malpractice claims are a type of personal injury lawsuit. However, the state of Florida has a variety of special conditions and rules for these cases that differ from the normal personal injury laws.
When filing a medical malpractice lawsuit, it is essential to understand some of the distinguishing laws pertaining to these matters.
Comparative fault
The law allows in medical negligence cases against teaching hospitals and state university boards of trustees for the court to consider comparative negligence. In such cases, the court will determine how much at fault a party was and only award damages according to that percentage. For example, if the court finds a hospital was 75% at fault in a situation, then you could only collect 75% of the awarded damages.
Notice before filing
The law requires that before you file a medical malpractice claim in court, you must notify the defendant. You must tell them you intend to bring a lawsuit and send this notice either by certified mail with a return receipt, with a tracking number through the mail or have an authorized individual hand deliver it. You must have proof you sent the notice and the defendant received it.
Mandatory mediation
Florida law states that any medical malpractice case must go to mediation first. In the 120 days after the filing of the case, the parties must meet in person to mediate the matter. Both parties can agree to extend the 120-day time limit if needed.
Medical malpractice matters have some different rules than other personal injury claims. These are only a few of the distinguishing laws pertaining to such claims.