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Medical Malpractice

Medical Malpractice cases must be filed in a very short time from the time the negligence took place – not simply when the injury came to light.

Before suit can be filed, notice must be given to the medical provider or facility and a medical expert must agree that the medical provider’s actions were not in accordance with the prevailing professional standard of care and that those actions caused the permanent injury.

In Florida, there are also caps on non-economic damages such as pain and suffering, regardless of how much pain was caused by the malpractice.

Many medical providers in Florida work for public hospitals. While those hospitals treat those who oftentimes cannot find treatment elsewhere, they receive special protection under Florida law. That special protection of sovereign immunity limits the damages that may be recovered to $200,000 per person/ $300,000 per occurrence (regardless of the number of persons injured). If you have the option of being treated in a facility that has sovereign immunity protection, you should evaluate the benefits against the risks of not being adequately compensated if the medical providers don’t do their job.

Medical Malpractice is when a patient suffers a Permanent Injury as a result of:
  • Negligent Prenatal Care
  • Negligent Childbirth
  • Anesthesia Errors
  • Surgery Errors
  • Medication Errors
  • Birthing Center Negligence
  • Failure to Diagnose
  • Improper Treatment
  • Failure to Warn of Known Risks of Medication or Procedure
  • Early Discharge from Hospital
  • Prescribing the Wrong Medication or Treatment
  • Patient Abandonment