When you go to the doctor or visit a hospital, you expect to receive a certain level of care. Unfortunately, medical professionals and facilities sometimes fail to meet that standard. This can lead to serious injury, illness, and even death.
In Florida, patients can sue if they are harmed by medical malpractice. In some situations, such as serious injury and death, the spouse, children, and/or parents of the injured patient can pursue a claim. Our Florida personal injury attorneys can help you navigate these complicated medical malpractice laws and get maximum compensation for your losses.
At Gould Cooksey Fennell, we are committed to providing the highest quality legal representation to individuals and families affected by medical malpractice. We offer free initial consultations for all prospective clients and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a Vero Beach medical malpractice lawyer, contact our law firm today.
How Medical Malpractice Is Defined in Florida
The term “medical malpractice” covers a broad range of injuries and illnesses. Broadly, medical malpractice occurs when a medical professional fails to meet the standard of care for the profession. It may include:
- Birth injuries such as hypoxic ischemic encephalopathy (HIE) or cerebral palsy
- Misdiagnosis
- Delayed diagnosis
- Failure to diagnose
- Medication errors
- Hospital negligence
To prove that a healthcare professional committed medical malpractice, the injured party (plaintiff) will have to establish that the at-fault party (defendant) was negligent in some way. This requires introducing evidence of the following elements:
- Duty: The defendant owed the plaintiff a duty of care. This can be demonstrated by showing that there was a doctor-patient, nurse-patient, or other type of special relationship. This element is typically the easiest to prove.
- Breach: The defendant breached the duty of care in some way. This is the most challenging element to prove because you will need to introduce evidence to show that the defendant did not provide the same level of care that a reasonably careful practitioner with the same skills and training would have provided. For example, if an internal medicine doctor missed a cancer diagnosis, you would have to get another internal medicine doctor to testify or write an opinion that the first doctor failed to meet the standard of care for the profession.
- Causation: The defendant’s violation of the standard of care caused your injuries. This can also be a challenging element to prove, because defendants often argue that other intervening causes and/or contributing factors would have caused the harm regardless of any malpractice.
- Damages: The plaintiff suffered harm as a result of the medical malpractice. This can include losses such as medical bills, future medical treatment, lost wages, reduced earning capacity, pain and suffering, scarring, disfigurement, emotional distress, and loss of enjoyment of life.
If a plaintiff can prove these 4 elements, then they may be able to recover financial compensation for their losses through a medical malpractice lawsuit.
Of course, Florida’s medical malpractice laws are incredibly complex. As discussed below, these laws include a limit on who can sue for medical malpractice. If you believe that you have been harmed by medical malpractice, our Florida personal injury lawyers can help you understand your rights and get the money that you deserve for your injuries.
Who Can File a Medical Malpractice Claim in Florida?
In Florida, only certain people can pursue a medical malpractice claim. While advocates have recently tried to change these laws, there are still limitations on who can file a medical malpractice claim in Florida.
First, if you are injured by medical malpractice, you can file your own lawsuit against the at-fault medical provider, facility, and/or hospital. By proving the elements of medical malpractice, you may be able to recover compensation for your losses.
Second, a spouse, parents, or children may file a medical malpractice lawsuit against a healthcare provider if their loved one suffers severe, permanent, and disabling injuries as a result of medical malpractice. Under Florida law, parents can only sue for medical malpractice if their child is aged 25 or under. Children over the age of 25 can file a medical malpractice lawsuit if their parent is seriously injured, only if there is no spouse or minor child.
Third, if a person dies as a result of medical malpractice, then their family may seek damages under the Florida Wrongful Death statute. These lawsuits are brought by the personal representative (executor) of the estate.
Under Florida’s so-called “Free Kill Law,” if an adult child is aged 25 or older, then they are barred from seeking non-economic damages if their parent is killed by medical malpractice. Non-economic damages include things like pain and suffering and loss of companionship, and protection. If an adult child is between the ages of 18 and 24, they can recover money for these types of losses – as can minor children, spouses, and (in some cases) parents. This law only applies to adult children aged 25 and older.
When it comes to medical malpractice claims in Florida, you can always file a lawsuit on your own behalf as a patient, provided that it meets the standards for medical malpractice. Surviving family members may also be able to file a lawsuit for severe injuries or wrongful death in some situations.
While it may seem strange that a family member could file a lawsuit if you are hurt through medical malpractice, it makes sense. When a person is severely injured, it will affect their loved ones. They may have to give up their job to provide care or have to take on a lot more duties around the house. They will also experience a lot of grief as well as loss of companionship and support. For these reasons, there are situations where a family member can file a lawsuit for medical malpractice.
Florida’s medical malpractice laws are both complex and ever-changing. They are a constant target for reform, as medical malpractice is a hot-button political issue. The best way to know if you may be able to file a lawsuit is by scheduling a free consultation with a Vero Beach medical malpractice attorney.
Who Can Be Sued for Medical Malpractice in Florida?
When most people think of medical malpractice claims, their minds go to doctors. After all, physicians are the highest-level healthcare professionals who may treat you. It makes sense that if something goes wrong, they can be held accountable.
There are other parties who could potentially be sued for medical malpractice. This may include:
- Physician assistants
- Nurses
- Nurse practitioners
- Advanced practice registered nurses, including certified registered nurse anesthetists
- Hospitals
- Healthcare facilities such as surgery centers
- Pharmacists
- Mental health therapists and counselors
- Physical and occupational therapists
There are other potential parties that could be sued for medical injuries, such as pharmaceutical companies that put a dangerous drug on the market. However, these cases are typically pursued through a product liability case, which is a different type of personal injury claim.
For any of these defendants, you will have to meet the same elements: duty, breach, causation, and damages. For example, if you are alleging that a hospital negligently failed to maintain a sterile operating room, causing you to develop an infection, then you’d have to prove that the hospital failed to meet the standard of care for facilities that provide this type of procedure.
In many cases, there is more than one defendant. Our law firm will carefully evaluate the facts of your case to determine who may potentially be liable for your losses. We will then develop the strongest possible claim for damages and fight to get you the money that you deserve for your losses.
How Long Do You Have to File a Medical Malpractice Claim in Florida?
In Florida, there is a 2-year statute of limitations for negligence (personal injury) cases. This includes medical malpractice claims. However, the clock for medical malpractice claims may not start to run until you discover the injury or when you should have discovered the injury. This means that if you don’t learn that a doctor committed malpractice until more than 2 years after it occurred, you should still be able to file a lawsuit.
In medical malpractice cases, patients often don’t know right away that something went wrong. The discovery rule gives you time and accounts for the reality that you may not learn about medical malpractice immediately. If you have been injured by a medical professional, contact Gould Cooksey Fennell to talk to a Vero Beach, Florida medical malpractice attorney.
Are There Caps on Damages in Florida Medical Malpractice Cases?
There are no caps on economic damages in Florida medical malpractice cases. Under current law, there are also no caps on non-economic damages (pain and suffering). The Florida Legislature has repeatedly tried to impose caps on these damages, but the Florida Supreme Court has ruled that these limits are unconstitutional. In all Florida personal injury cases, there is a cap on punitive damages: the greater of 3 times compensatory (economic plus non-economic) damages or $500,000.
If you have been injured by medical malpractice in the state of Florida, our law firm will fight to get you a fair settlement for your losses. Reach out to Gould Cooksey Fennell today to schedule a free initial consultation with a Vero Beach personal injury attorney.
How Our Law Firm Can Help
Medical malpractice can cause devastating, life-changing injuries. In more extreme cases, it can also lead to death. Whether you are a patient or family member affected by medical malpractice, our law firm can help you navigate the legal system and seek justice for your injuries.
Based in Florida’s Treasure Coast, Gould Cooksey Fennell represents patients and family members in medical malpractice and wrongful death cases. We will fight to get you the money that you deserve for your losses. To learn more or to schedule a free initial consultation with a Vero Beach medical malpractice lawyer, call our law offices at 772-231-1100 or fill out our online contact form.
