South Florida Personal Injury Lawyers Blog
While filing any personal injury case can be complicated, Florida medical malpractice cases have an exceptionally complex set of procedural requirements. If a plaintiff fails to follow these exacting requirements, the court will likely dismiss their case, potentially leaving the plaintiff without any remedy for their injuries.
When discussing the requirements of a medical malpractice lawsuit, perhaps the best place to start is with the Florida medical malpractice pre-suit requirements. Before an injury victim can file a medical malpractice case, they must provide notice to each of the defendants named in the lawsuit. The plaintiff must attach an affidavit from a medical professional stating that the plaintiff has a valid medical malpractice claim.
Once the defendant receives the plaintiff’s pre-suit notice, there is a 90-day period in which the defendant must investigate the claim and determine whether they will contest the allegations or agree to settle the claim. During these 90 days, the statute of limitations is tolled. If the defendant denies liability, the plaintiff will have 60 days from that date, or until the end of the statute of limitations, to file a formal case against all defendants.
The Statute of Limitations in Florida Medical Malpractice Cases
The statute of limitations for a Florida medical malpractice case requires that a plaintiff file a claim within two years of the date of the alleged malpractice. This period can be extended under certain circumstances, such as when an injury is not discovered until a later date, but even then, the claim must be brought within the four-year statute of repose. The only time the statute of repose does not apply is when the defendant medical provider fraudulently conceals the malpractice, preventing the plaintiff from discovering the potential claim. In this case, the plaintiff has two years from the date when they discovered the injury, or seven years from the date of the alleged malpractice.
Florida Damage Caps Were Found To Be Unconstitutional
Notably, there is a Florida law on the books stating that non-economic damages in medical malpractice cases must be limited to $500,000 unless the case involves the death of a patient or a patient who is left in a vegetative state, in which case the law allows for $1,000,000. However, in 2017, the Florida Supreme Court determined that these limits were unconstitutional under the Florida Constitution. Thus, for now, there are no damage caps for Florida medical malpractice cases.
Have You Been the Victim of Medical Malpractice?
If you or someone you love has recently been the victim of a medical provider’s negligence, contact the dedicated South Florida medical malpractice attorneys at the law firm of Friedman Rodman& Frank. At Friedman Rodman & Frank, we represent the victims of medical malpractice in cases across the state, including in Miami, Homestead, Naples, and Miami Beach. To learn more, and to schedule a free consultation with one of our dedicated Florida medical malpractice lawyers, call 877-448-8585 today. Calling is free, and we will not collect anything from you unless we can help you obtain fair compensation for your injuries.