Medical malpractice happens when a doctor or healthcare provider fails to meet the accepted standard of care. This failure can cause injury, worsening of a condition, or even death. Patients place their trust in doctors. Therefore, doctors should follow all the set care guidelines to ensure patient safety. However, mistakes can happen, resulting in severe injuries.

Florida law allows patients to file malpractice lawsuits if they suffer injuries from a doctor's negligence. Pursuing a medical malpractice lawsuit involves strict deadlines and legal requirements. Also, you must present substantial evidence to prove negligence. You must follow state-specific rules before filing a lawsuit. This includes notifying the defendant, gathering expert opinions, and proving damages.

If you or your loved one is a victim of medical negligence, seek a reliable personal injury attorney for counsel. Your lawyer will guide you through the claim process and protect your rights. Additionally, they will help ensure you recover maximum compensation.

Medical Malpractices for Which You Can Sue a Doctor in Florida

You can sue a doctor under Florida law for different forms of malpractice. They include:

  • Misdiagnosis or delayed diagnosis. This occurs when a doctor fails to identify a condition correctly. A misdiagnosis or delayed diagnosis can result in the condition worsening.
  • Surgical errors. Common surgical errors include operating on the wrong body part or leaving instruments inside the patient.
  • Medication mistakes. Giving the wrong drug or incorrect dosage can result in injuries or even death.
  • Birth injuries. Negligence during the labor and delivery process can cause harm to a baby or mother. Under these circumstances, you could sue the doctor for malpractice.
  • Failure to treat. Failure to give proper care after diagnosing a condition is a form of malpractice.

Filing a malpractice lawsuit in Florida takes several steps, which you must follow carefully. Missing a step or failing to meet deadlines can hurt your case. These steps include:

Determining That You Have a Case

You must determine whether malpractice occurred before you file a lawsuit against a doctor. A poor medical outcome does not always mean negligence. You need to show that:

  • The doctor owed you a duty of care. Duty of care is the medical practitioners' responsibility to ensure their patients' safety.
  • The doctor breached that duty by acting negligently. A breach of duty occurs when the doctor acts in a way that puts their patients at risk of injury or death.
  • The doctor owed you a duty of care. Duty of care is the medical practitioners' responsibility to ensure their patients' safety.
  • The doctor breached that duty by acting negligently. A breach of duty occurs when the doctor acts in a way that puts their patients at risk of injury or death.
  • The negligence directly caused your injury. You must directly link the doctor's negligence to your injuries.
  • You suffered damages like medical bills, lost wages, or pain. The final element of negligence is showing the injuries you suffered from the doctor's actions.

Consult a Personal Injury Attorney

If you believe malpractice occurred, you can consult a personal injury attorney. There are strict rules and procedures in Florida malpractice law. A competent malpractice lawyer will read the medical records, listen to your description of what occurred, and talk to experts. They will help you determine whether you have a case worth pursuing.

Most malpractice lawyers work on a contingency fee basis. This means you will pay them using the proceeds of the lawsuit. Choosing the right attorney is critical. You should look for one with proven experience in malpractice cases in Florida courts.

Seek a Medical Expert’s Opinion

Florida law requires a medical expert to review your case before you can file a lawsuit. The expert must work in the same specialty as the doctor you are suing. The expert will study your records and decide if malpractice likely occurred. If they agree, they will provide a written affidavit. The affidavit becomes the foundation of your claim. It ensures that only claims with professional support enter the courts.

Serve a Pre-Suit Notice

Before filing a lawsuit in court, you must notify the doctor or provider that you intend to sue. Your notice should state your claim and include your medical expert's affidavit. The notice initiates a 90-day investigation window. The doctor, their lawyer, and the insurance company will review the lawsuit. They can also obtain records and information. You cannot file the lawsuit in court until this period ends.

Settlement Discussions

During the 90 days, the doctor’s insurer may make a settlement offer. Many malpractice cases end at this stage. Neither party wants to incur the expense and hassle of going to trial. If you think it is fair, you can take the settlement and not deal with the extended legal process. However, your attorney can advise you to decline if the settlement exceeds your needs. In that case, you can file a lawsuit after the 90 days.

Filing the Lawsuit

Your lawyer can file the lawsuit in civil court if you do not enter a settlement. The lawsuit begins with filing a complaint. This complaint explains how the doctor's negligence affected you and the damages you seek. After receiving the notice of the lawsuit, the doctor must respond. In their response, they may admit some facts but deny responsibility.

Discovery Process

Once your doctor has answered your lawsuit, you may enter discovery. Both parties are required to exchange documents, medical files, and other proof. Lawyers can take depositions, or sworn statements, from witnesses and experts.

The discovery stage may span several months or even years. Discovery helps both sides understand the strength of the case. It also lays the groundwork for further settlement talks.

Trial

If it does not settle, the case will then proceed to trial. The evidence will be examined before a judge at trial. Each side presents witnesses, experts, and arguments. The jury determines if the doctor was negligent. They also decide how much you are entitled to for your injuries and damages.

Trials for medical malpractice cases are unpredictable. Some patients win large verdicts, while others lose despite strong cases. Therefore, consider settling the lawsuit before it reaches this stage.

Possible Defenses Doctors May Use Against a Medical Malpractice Lawsuit

Doctors do not sit on the sidelines as you sue them for medical malpractice. Doctors and their lawyers vigorously defend themselves when faced with malpractice lawsuits. Knowing these defenses can help you understand what to expect in a case. They include:

  • No negligence occurred. A doctor may argue that their actions met the accepted care standard. They may point out that another competent doctor would have made the same choices. The treatment may not be malpractice if reasonable, even with the undesirable outcome.
  • The injury was unavoidable. Doctors may also claim that your harm was unfortunate and accidental. Some medical conditions carry high risks. This defense focuses on showing that the injury did not result from negligence.
  • The patient was partly at fault. Another defense that a doctor facing a malpractice lawsuit can use is arguing that their actions contributed to the harm. Such actions might include failure to follow medical instructions or failing to return for follow-up care. In Florida, comparative negligence rules may reduce damages if you share fault.
  • Pre-existing injuries. A physician might defend against a lawsuit by claiming that the injury is unrelated to their treatment. They might produce medical documentation to show that the victim's symptoms pre-dated the injury.

Compensation Benefits in a Florida Medical Malpractice Case

In Florida, injured patients have various types of recoverable damages in a medical malpractice case. These damages include monetary expenses, pain and suffering, and lasting effects on a normal lifestyle. They include:

Medical and Rehabilitation Costs

Victims of medical malpractice can recover the cost of medical treatment from the lawsuit. These costs include:

  • Hospital bills
  • Surgery costs
  • Doctor visits
  • Prescription drugs
  • Cost of follow-up care
  • Physical therapy

Florida law allows recovery for past and future medical expenses. It helps ensure patients do not carry the financial burden of a doctor’s mistake.

Lost Wages and Income

The effects of medical malpractice can cause you to miss work for weeks or even months. In Florida, you can recover the wages you lose while you recover from your injuries. It includes salary, hourly pay, commissions, and bonuses. Even lost employment benefits may be part of the claim.

You can prove your lost wages by presenting a letter from your employer. The letter will indicate the number of hours you have missed from work and the amount you would have earned. You can present pay stubs to prove the lost wages if you do not have a steady job.

Physical Pain and Emotional Hardship

The injuries caused by medical malpractice can cause severe physical pain and emotional suffering. You may be eligible for compensation despite the inability to quantify pain financially. When determining the amount you can recover in pain and suffering, the courts consider the seriousness of the injury. Also, the duration of your pain and its effects on your daily life can affect the payout.

Lost Future Earning Capacity

Some injuries that result from medical malpractice reduce your ability to earn money in the future. Lost earning capacity differs from lost wages because the loss has not occurred. For example, a patient who cannot return to their career because of disability may receive damages for future income loss. Courts often rely on expert testimony to estimate the losses.

Loss of Life Enjoyment

Malpractice can reduce the ability to enjoy life. Patients may lose independence or the ability to do hobbies. Even simple daily tasks may become difficult. Florida courts allow damages for this loss of enjoyment. These damages recognize that life is about survival, comfort, and fulfillment.

Mental and Emotional Trauma

Medical malpractice can have a profound impact on your emotional and mental well-being. Victims may suffer anxiety, depression, or trauma. Some may need counseling or long-term therapy. Florida law allows recovery for these emotional harms. You can prove the impact that the injuries have had on your mental well-being by presenting testimony from family members or mental health experts. These damages cover the cost of treatment and the distress.

Loss of Marital Support and Companionship

Malpractice can affect more than just the patient. A spouse may also lose companionship, intimacy, and household support. If your spouse was injured by medical malpractice, you can be compensated for loss of consortium.

Wrongful Death Compensation

Medical malpractice can lead to a patient’s death in extreme cases. The pain of losing a loved one due to someone else’s negligence can be unbearable. In such cases, families of the deceased can bring wrongful death lawsuits against the doctor at fault. If you can triumph in a lawsuit, compensation can be obtained for:

  • Loss of financial support
  • Burial and funeral expenses
  • Emotional suffering
  • Loss of parental guidance

What is the Statute of Limitations for a Medical Malpractice Lawsuit in Florida?

The statute of limitations is the duration for which you must file a civil lawsuit. In Florida, the statute of limitations for medical malpractice is two years from the date of discovery. If the malpractice was not discovered right away, the statute of limitations is four years.

The deadline may extend to seven years in fraud, concealment, or misrepresentation cases. For children, different rules may apply depending on the circumstances. Missing the deadline usually means losing the right to sue for malpractice and recover compensation.

Find a Competent Personal Injury Lawyer Near Me

Doctors and other medical practitioners must follow strict care practices to ensure patient safety. Medical malpractice involves negligence by doctors that results in harm to the patients. If you or a loved one is a victim of medical malpractice, you can file a lawsuit against the responsible party.

You must demonstrate in the lawsuit that you were hurt due to the doctor's negligence. If your lawsuit succeeds, you could recover compensation for your medical expenses, lost wages, future earnings, and the pain resulting from the injuries.

Filing a medical malpractice lawsuit in Florida is complex and has strict deadlines. Therefore, you will need expert legal guidance. At Jacksonville Personal Injury Attorney, we will offer the expert legal insight you need to secure a favorable outcome in your lawsuit. Call us at 904-800-7557 today from Jacksonville, FL, for much-needed guidance.