Top Rated Doctor Malpractice Attorneys in Florida
Updated on 6/26/2023 – Note that Florida Medical Malpractice Laws have changed as of 3/24/2023. The most notable impact being damage caps.
Have you or a family member suffered medical malpractice because of a doctor’s negligence? A successful lawsuit can compensate you for your financial losses and the pain and suffering you experience.
Florida medical malpractice regulations are wordy, and insurance companies and their lawyers will do anything to avoid paying. However, our expert Florida doctor malpractice lawyers can assist you. We handle all legal difficulties and negotiations to get you the compensation you deserve.
Our medical lawyers have the resources to protect your rights and offer you legal help throughout the entire lawsuit. The journey to compensation can be a challenge, but our experienced team will walk with you. Learn more below.
What is Considered Doctor Malpractice Under Florida Law?
Under Florida law, medical malpractice happens when a medical professional deviates from the established standard of care in the field. Medical malpractice is a category of tort that deals with doctor negligence. The Florida Statute Title VIII Chapter 95 (7) governs the statute of limitations in tort actions, including medical malpractice.
In tort law, the most common criterion is “negligence,” defined as conduct that falls short of a professional standard in specific professions.
Medical malpractice In Florida includes:
- Negligence: It may be difficult to prove a breach of duty or doctor error when many health providers provide patient care. Or more medical practitioners treated the patient, and there was more cause of injury. Only a knowledgeable medical malpractice law firm can address the complex concerns of physician malpractice.
- Standard of care: In Florida law, the standard of care means what a reasonably prudent doctor or healthcare professional would have done in similar circumstances. Each medical specialty has its own set of care standards. Thus, the standard of care for a specific issue may be what a reasonably competent neurologist would have done in similar circumstances. Some standards of care cut across many medical disciplines rather than being particular to one.
- Fraud/cover-ups; Doctors and hospitals often benefit from unnecessary medical treatments because insurers compensate hospitals for more extended stays and pointless surgical operations on patients.
What Can I Do If I Think My Florida Doctor Was Negligent?
If you think your doctor in Florida has been negligent, contact us now to schedule a free consultation appointment. One of our experienced doctor malpractice attorneys will go through your file and discuss your potential case.
In a medical malpractice case, medical records, bills, insurance, Medicare/Medicaid communication, and photos of the injured individual before and after the incident are all necessary documents. If you cannot get the papers on your own, our law firm can assist you.
Can You Sue a Doctor for Malpractice in Florida?
Yes, in Florida, you can sue a doctor for malpractice. But, the statute of limitations for medical malpractice in Florida is unusual and relatively narrow. If the negligence occurred outside of two years, you cannot take such a case to court unless there was a reasonable excuse for why the negligence was not detected. In such an event, you have a maximum of four years to file your claim. For minors, you have until their 8th birthday to file a claim.
The countdown begins when the malpractice happened or when you discovered it. When a medical error happens as part of continuous treatment or during treatment, the clock ticks from the last day of treatment. Because of the precise, severe time constraints for filing a claim, speak with doctor malpractice attorney in Florida specializing in medical malpractice claims and file a lawsuit against the doctor error before the deadline
How Do I Sue a Doctor for Malpractice in Florida?
Florida law mandates that a prospective plaintiff send written notice of the claim to each health care provider mentioned in the lawsuit at least 60 days before filing the action. This notice must be mailed using certified mail and ask for a return receipt.
The patient must also submit a “permission form for release of protected health information” to each listed health care provider, together with the notice of claim, so that the provider(s) can begin investigating the patient’s allegations.
Can You Sue a Florida Doctor Who Doesn’t Have Malpractice Insurance?
You can sue a doctor who doesn’t have malpractice insurance but expect a lengthy legal process. Our seasoned medical litigators can help you through legal and medical obstacles to compensation and justice. Get the experienced guidance you need to understand medical malpractice laws and your rights in this complex area of law.
Can You Get Compensation for Doctor Negligence in Florida Without Filing a Lawsuit?
Yes, you can get compensation for doctor negligence in Florida without filing a lawsuit. But you may still need to hire an attorney for various processes. An alternative resolution, such as a demand letter and settling down in settlement negotiations, can help you with a lawsuit.
Mediation is another option you can use to address the issue without entangling the hospital and doctor in a lengthy legal battle. You may also seek a binding agreement that requires the other party to provide the settlement negotiated and agreed upon by the two parties.
What Compensation Can You Receive for Doctor Malpractice Claims in Florida?
You are entitled to damages if you win in court and the litigation turns in our favor. There are no caps on the economic damages you can be awarded. However, in Florida, there are caps on the amount of non-economic damages you may receive in a doctor malpractice claim.
When a medical malpractice complaint is successful, you may get awarded the following;
- Economic damages–complete repayment of medical bills to compensation for lost wages due to missed workdays.
- Non-economic damages–compensate for pain and suffering and the negative consequences of the incorrect diagnosis or treatment. For personal injury or wrongful death, practitioners may be held liable for up to $500,000 and non-practitioners $750,000. If injuries result in a permanent vegetative state, practitioners may be liable for up to $1 million and non-practitioners $1.5 million.
- Punitive damages—Used to punish a medical professional who commits negligence and malpractice on purpose.
Florida Attorneys Specializing in Physician Malpractice Litigation
We understand the emotional, physical and financial pain and loss medical malpractice can cause you. But two years is not a long time to wait to bring a lawsuit. Especially if you are recovering from a terrible experience or have only recently learned that you suffered complications after your medical visit.
Medical malpractice claims are complex and often include a prolonged process of acquiring medical records, creating expert reports, deposing the other party’s parties and witnesses, and preparing for resolution – whether settlement or trial.
Our experienced doctor malpractice lawyers in Florida can help you understand medical malpractice laws and your rights in this complex area of law. Contact us to learn more about the Florida statute of limitations, your case, and your best choices for resolution.
We work on a contingency basis for you, which means you pay no upfront costs or fees. Instead, you only pay us if we obtain a settlement or award on your behalf. We can assist you in suing a doctor who does not have malpractice insurance. A member of our law firm is waiting to take your call so you can make an informed choice about your case. Contact us now.