Medical Malpractice Cases in Florida: Role of Personal Injury Law


Healthcare mishaps often have dire consequences. When these mishaps are a result of a medical professional’s carelessness or negligence, they fall under the purview of medical malpractice. The state of Florida, like all others, has specific laws concerning the claims, and understanding them is essential for anyone involved in such a situation.

Whether you’re a patient who has suffered, or a healthcare provider seeking to better understand your legal obligations, this article will walk you through it. If you ever need this sort of help, you will know what needs doing. The only thing then is to employ the help of Lytal, Reiter, Smith, Ivey & Fronrath – Florida personal injury lawyer, and win the case.

Elements of a Claim


A medical malpractice claim hinges on four fundamental elements. The first is the establishment of a professional duty owed to the patient. In straightforward terms, this means there was an existing relationship between the healthcare provider and the patient, which required the provider to exercise a certain standard of care. Without this relationship, it’s virtually impossible to proceed with a claim.

The second crucial component of a medical malpractice claim is a breach of duty. This refers to instances where a healthcare provider fails to uphold the expected standard of care. It’s important to note that this doesn’t merely mean the patient was unhappy with their treatment outcomes. Instead, it suggests that the provider acted in a way that deviates from the accepted norms of their profession, leading to patient harm.

Statute of Limitations

When it comes to medical malpractice claims in Florida, time is of the essence. The law places a strict timeline, known as the statute of limitations, on filing these claims. Generally, this period spans two years from when the patient, or sometimes a particular family member, either realized or reasonably should have realized that they were the victim. This time frame can sometimes extend up to four years in certain circumstances, but never more.

An understanding of the statute of repose is also essential. This term refers to the absolute time limit beyond which a claim cannot be made, irrespective of when the negligence was discovered. In Florida, this statute of repose is generally seven years. However, there are exceptions, such as in cases of fraud or concealment, where the seven-year limit may not apply.

Standard of Care in Florida


When discussing medical malpractice, the term “standard of care” is paramount. The standard of care is the generally accepted procedures and practices that all healthcare professionals in the same field and geographical area would follow when treating a similar patient. For a successful claim in Florida, it must be demonstrated that this standard was breached.

This standard is not universal, and it can vary based on a multitude of factors. It takes into account the patient’s age and overall health, the state of medical knowledge at the time of treatment, and the available resources. The standard of care is a critical benchmark against which the healthcare provider’s conduct is evaluated in a medical malpractice claim.

Types of Damages

A successful medical malpractice claim can lead to two main categories of compensation or damages: economic and non-economic. Economic damages refer to quantifiable financial losses resulting from it. These can include costs related to medical care, lost wages, and any future earnings lost due to the malpractice incident.

On the other hand, non-economic damages compensate for the non-monetary losses suffered by the patient. This might encompass pain and suffering, mental anguish, loss of enjoyment of life, and in some cases, loss of consortium. It’s important to note that in Florida, a cap was previously placed on non-economic damages in medical malpractice cases. However, in 2017, the Florida Supreme Court ruled this cap to be unconstitutional, making the potential award of damages more substantial.

Settlements vs. Trials


In the realm of medical malpractice, resolving the case outside of court through a settlement is more common than proceeding to a full-blown trial. The primary reason for this is the predictability of a settlement versus the uncertainty of a jury verdict. Settlements allow both parties to have more control over the outcome and can often lead to a faster resolution.

However, not all cases are fit for settlement. Sometimes, a trial is inevitable. This can occur when the parties fail to agree on the nature of the malpractice or the extent of damages. Trials can be risky, but they also offer the potential for a larger award. In either situation, having an experienced medical malpractice attorney is vital to navigating these complex processes and negotiations.

Role of Expert Witnesses

Expert witnesses play a crucial role in Florida medical malpractice cases. Their job is to provide professional and objective opinions to help the court understand complex medical facts and procedures. In essence, they serve as an invaluable bridge between the complicated world of medicine and the legal system.

In Florida, expert witnesses are typically required to be in the same specialty as the defendant’s doctor or healthcare provider. This helps ensure that the expert witness is well-equipped to comment on the standard of care and whether it was breached. The expert’s opinion often has a significant influence over the outcome of a case.

Comparative Negligence


Another critical concept in Florida medical malpractice law is that of comparative negligence. This doctrine recognizes that in some cases, both the healthcare provider and the patient may have contributed to the outcome. In such scenarios, the court determines the percentage of fault attributable to each party. Any damage award the plaintiff receives is then reduced by their percentage of fault.

For instance, if a patient is found 20% at fault for their injury and the total damages awarded are $100,000, they would receive $80,000 after their share of the blame is subtracted. This equitable approach ensures a more accurate representation of fault and accountability in cases.

Insurance in Florida

Lastly, let’s delve into the realm of medical malpractice insurance. In Florida, physicians aren’t required by law to have malpractice insurance. However, they must demonstrate financial responsibility, meaning they can cover potential malpractice claim costs. Some doctors meet this requirement through malpractice insurance, while others use alternative methods, like self-insurance or prepaid defense arrangements.

It’s important to note that if a doctor chooses not to carry malpractice insurance, known as “going bare,” they must inform patients of this choice. This area of the law is particularly complicated, and changes are often proposed to ensure that patients are protected, and physicians are held accountable for their actions.

Final Reflections

The field of medical malpractice law in Florida is a complex landscape that intertwines intricate medical scenarios with multifaceted legal principles. Whether you’re a patient trying to understand your rights or a medical professional navigating your legal obligations, knowing these essential aspects of Florida’s medical malpractice law can make a significant difference.

This exploration has offered insights into how these claims work, from the fundamental elements to the role of expert witnesses and the concept of comparative negligence. Remember, each case is unique, and professional legal advice is always recommended when navigating these complex waters.