Florida Medical Malpractice FAQ

Medical malpractice happens when a doctor causes harm through negligence. Negligence is the key word here—there are many instances where a person might be harmed or injured during the course of receiving medical care in which the medical provider was not negligent, but was acting in good faith. This can make these cases sticky and difficult to prove.

You also have to be able to prove the injury was foreseeable. This is called “proximate cause.” The idea here is that medicine is as much art as science. Two conditions can present very similar symptoms, for example. The doctor might well come to a conclusion and prescribe medications or procedures for the wrong condition, but this wouldn’t necessarily be something he could have foreseen.

And, of course, you have to prove damage was done.

Things get even stickier when you’re talking about emergency room care. Doctors and nurses are under a great deal of pressure and so must have committed “reckless disregard”. The idea here is that they’re already in a high-stress situation where distraction is likely and where working quickly is the norm.

The first issue is whether or not it makes economic sense to pursue the case. Lawyers take medical malpractice cases on contingency, and Florida law makes them difficult to win. They are also very costly in terms of the firm’s out-of-pocket expenses.

It’s not that most attorneys are not filled with compassion for your situation, because we are. We just know that some cases are not going to fare well in the courts. This can seem incredibly unfair, but it’s the truth.

If it makes sense to proceed we’ll then conduct a thorough investigation to make sure that there’s a reasonable argument for the presence of negligence, proximate cause, and damages. If we find there is, we’ll generally take the case. We actually have to certify, in writing, that we took these steps—we can face sanctions if we don’t. Florida has little tolerance for frivolous medical malpractice suits. Again, the amount of investigation we’ll put into this case is nothing personal—it’s just what we have to do in order to even have a chance at winning the case for you. Most other medical malpractice attorney would tell you the same thing.

Keep in mind that it’s sometimes a good idea to seek a second legal opinion. If you’ve been turned down by another lawyer, for example, there’s nothing wrong with coming to us. Some attorneys are quite successful at pursuing cases that colleagues won’t touch with a ten-foot pole.

Usually, the medical provider’s malpractice insurance is liable for these damages. Sometimes we sue the hospital or other provider’s involved in the care given who were negligent. Finding a responsible, collectible party is one of the issues which can impact whether or not it is feasible to take your case.

A medical malpractice case can take years once it is initiated. You may also find yourself having to make an appeal, which can take another 2-3 years.

This, along with the statute of limitations, is one of the many reasons why it is important to file a medical malpractice case as quickly as you possibly can. The statute is as short as two years from the date the patient, family member, or guardian, knew (or should have known) that the damage was done.

Medical malpractice suits may come with settlements which sound big, but they’re not a good way to get rich. When suits are successful they’re a good way to cover medical bills or lost wages that were the result of the malpractice.

Much of the money will go straight to those bills. If your insurance company has paid for any expenses they’ll be reimbursed out of the settlement. You also need to factor in our fees—you don’t pay any money out of your own pocket, but we do receive a percentage.

In short, you’re not necessarily going to take home a huge check—but you might just recoup some of your losses.

These cases require expert testimony. That means we’ll need to find a licensed physician who will testify that the other doctor did not live up to proper professional standards while handling your case. Note that receiving a bad result from medical care is not the standard—bad results happen all the time. The standard is whether or not the doctor or facility lived up to acceptable medical practice guidelines. These experts help us to prove proximate cause. Of course, witness testimony, medical records, and other pieces of evidence are also important to building the case, so save everything you can and take good notes the moment you suspect you may have a malpractice case on your hands.