Patients who are seriously injured by physicians or hospitals have a right under Florida law to sue for their damages. Medical malpractice cases in the state of Florida are exceedingly difficult and require the full participation of a similarly licensed physician or nurse who is willing to testify a health care provider deviated from the standard of care. In order to proceed with a claim, certain statutory requirements must be complied with, including giving the provider notice of the intention to bring a medical negligence claim, with an affidavit from a similar provider affirming their belief negligence occurred during treatment. Florida Statutes also require the suit to be filed within a certain period of time in order to avoid the expiration of the statute of limitations, usually two years from the time the incident giving rise to the action is discovered or should have been discovered with the exercise of due diligence. In a wrongful death medical negligence case, claims can usually only be brought by a surviving spouse, a parent of a minor child, or a minor child who lost a parent.
There is an ongoing battle in Florida over caps on damages in medical negligence cases. The Supreme Court recently issued a decision in the case of Estate of Michelle Evette McCall, et al. v. United States of America, declaring caps on damages in a wrongful death medical malpractice case unconstitutional. It remains unclear whether the current caps on medical negligence cases that do not involve death will be upheld.
The attorneys at The Yerrid Law Firm have over 70 years of experience handling medical negligence claims. We are dedicated to helping our clients protect their rights and obtain restitution. In order to preserve a medical negligence claim, it is important to contact an attorney to discuss your case. To ask our attorneys a question or find out more about your case, please contact us.