In order to sue for medical malpractice in Florida, you must first submit a notice of your intent to sue. This notice affirms you have a good faith claim and gives the recipient time to resolve your claim. If your claim is denied, then your lawyer can file a lawsuit in civil court.
Florida has strict procedural rules regarding medical malpractice lawsuits, and failing to follow them can harm your case. You can work with a West Palm Beach medical malpractice lawyer from GOLDLAW to ensure you meet all procedural and deadline requirements.
How Long Do I Have to Sue for Medical Malpractice in Florida?
Most medical malpractice cases fall under Florida’s general personal injury statute of limitations of two years. You have two years from the date you discovered that malpractice occurred to file a lawsuit. Once the two-year timer runs out, you won’t be able to take legal action for damages.
There is also a further statute of repose limiting lawsuits to no more than four years after the alleged malpractice occurred. This latter four-year limit applies regardless of your knowledge of the negligent medical conduct.
There are two important exceptions to this rule:
- The victim is a minor. When the malpractice involves a young child, parents typically have until the child’s eighth birthday to file a lawsuit.
- The medical provider conceals the malpractice. If the medical provider committed fraud to conceal the malpractice, the two-year discovery rule applies, but you can sue for up to seven years after the malpractice occurred.
These deadlines are nuanced and strict, and missing them by even one day can make your lawsuit invalid. A team member from GOLDLAW can assess your case and determine which deadlines apply.
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Process of Suing for Medical Malpractice
Below is a general guide of how to sue for medical malpractice in Florida. A lawyer from GOLDLAW can provide a more detailed plan after learning the details of your case.
Gather Evidence
Before anything else, you and your lawyer need to gather evidence. This includes records of your medical treatment, statements of your financial losses, and expert testimony attesting to the malpractice.
Your attorney must also prepare a certificate of counsel, according to Florida Statutes 186.104. This certificate is signed by your attorney and establishes that they’ve performed an investigation and have a good faith belief a lawsuit is warranted.
Submit Notice of Intent to Sue
Florida law also requires claimants to first provide a notice of intent to sue to the relevant healthcare provider. Once the notice is given, the recipient has 90 days to respond to the claim or deny it. During this 90-day period, the typical two-year statute of limitations on lawsuits is paused, or tolled.
Formal Litigations
If the 90-day timer expires or the healthcare provider denies your claim, your lawyer can then file a formal complaint in the relevant court. Lawsuits are typically filed in the county where the medical malpractice occurred. This complaint outlines the misconduct and lists requested damages.
Settlement or Trial
The vast majority of medical malpractice lawsuits will settle out of court before a trial. If no resolution can be reached, then your lawyer can bring the case to a trial. During trial, both sides will present evidence and arguments to a judge and jury, who will decide on what damages to award, if any.
Post-Trial Appeals
If you receive an adverse judgment at trial, your lawyer can appeal the decision to a higher court and ask them to reconsider. You generally have 30 days from the original court decision to file an appeal with the Florida District Court of Appeals.
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Does Florida Cap Medical Malpractice Damages?
Like many states, Florida places caps on total damages in medical malpractice lawsuits. These caps exist to reduce the cost of malpractice insurance for medical providers. These caps only apply to non-economic damages (e.g., pain and suffering) and don’t apply to economic damages (e.g., medical bills, lost wages, etc.).
The general cap for lawsuits against healthcare practitioners is $500,000 but can be increased to $1 million in cases involving certain catastrophic injuries. For claims against non-practitioners (e.g., a hospital), the relevant caps are $750,000 and $1.5 million, respectively.
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How Long Does It Take to Sue for Medical Malpractice?
In the absolute best circumstances, a claim can be resolved in as little as six months. However, claim timelines can easily lengthen your case to over a year. Given the complexity involved, medical malpractice claims often take longer to resolve than most other kinds of personal injury lawsuits. The team at GOLDLAW can work to streamline your claim and reduce timelines.
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Get GOLDLAW and Get the Help You Need and the Compensation You Deserve
Do you have any more questions concerning how to sue for medical malpractice in Florida? If so, contact the team at GOLDLAW for a free case consultation. A medical malpractice lawyer from our team can explain your legal rights and discuss options for financial compensation.
