When you go to the doctor, it is likely because you are sick or injured and seeking treatment. However, in some cases, you may end up feeling worse than before you were under the care of a medical professional. While all doctors and nurses must adhere to strict standards of care, some fall below. This leads to instances of medical malpractice, all at your expense. If you have suffered due to incompetent care, a Broward County medical malpractice lawyer is ready to fight for you.
What Constitutes Medical Malpractice?
Due to the vast array of things that can go wrong while under the care of a medical professional, there is a broad scope of medical malpractice claims. From delayed or incorrect diagnoses to wrong-site surgeries, doctors and nurses can be liable for many injuries.
However, it is essential to understand that malpractice is different than negligence. Though both instances result in harm to the patient, the variation of terms lies in the intent of the healthcare professional. For example, if a doctor is performing surgery and accidentally cuts a patient, that is considered negligence. But, if the doctor were performing surgery on the wrong part of the body simply because they did not look at the patient’s chart beforehand, that is malpractice.
What is the Statute of Limitations in Florida?
In Florida, the statute of limitations for medical malpractice cases is two years after the date of the incident or four years if the discovery process took longer. However, there are exceptions to this rule.
You may have a longer statute of limitations due to your age when the malpractice occurred. If your child received an injury when they were two, but the extent of the damage was not discoverable until they turned seven, you have until the child’s eighth birthday to file a malpractice suit.
Also, if the provider committed the malpractice in conjunction with fraud, the statute of limitations is extended to seven years.
Ensuring you talk to a lawyer as soon as you are aware the malpractice occurred is essential, as waiting too long can make it more challenging to prove your case.
Is There a Limit to Non-Economic Damages?
In many states, there is a cap on the amount of non-economic damages victims of medical malpractice can receive.
In Florida, the cap on non-economic damages was set at $500,000 against practitioners and $1,000,000 when the malpractice resulted in death. This means a judge could award a victim $4,000,000 in damages, but they would only receive a fraction of that settlement.
However, in 2022, the Florida Supreme Court ruled that the cap on non-economic damages in malpractice cases was unconstitutional, meaning there is no longer a maximum amount of compensation a victim of medical malpractice can receive for pain and suffering.
If you have suffered at the hands of medical professionals, contacting the Finizio Law Group can provide you with the most competent legal counsel to help represent you in a legal battle.
