One difference between regular negligence and medical malpractice is the aspect of the standard of care. In Florida, the state legislature has devised a statute which defines the standard of care.

Under Florida law, the standard of care applicable in most medical malpractice cases requires health care providers to exercise that level of care, skill and treatment which is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers under similar circumstances.

In plain English, it means that doctors are legally required to act in a manner consistent with a reasonably prudent doctor (or nurse, dentist, etc.) would do under the circumstances.

In the event that a medical malpractice lawsuit makes it all the way to trial, the judge will usually provide the jury with the definition of standard of care to assist them in providing a verdict. The jury will be presented with evidence from both the plaintiff and defendant as to what took place.

Following the presentation of the evidence, the jury will eventually deliberate and try to decide what they feel that a reasonably prudent healthcare provider. faced with a similar set of factual circumstances, should have done in the situation.

Generally, the best way to determine whether or not a health care provider violated the applicable standard of care is to have your set of circumstances reviewed by an experienced medical malpractice attorney. A medical malpractice lawyer is trained to make a professional determination as to whether a victim of malpractice will be likely to obtain compensation for the injuries sustained due to the doctors breach of the standard of care.

Statutes listed on this site are offered for general information purposes. It’s important to keep in mind that the law is constantly changing. Therefore, statutes listed here may not be operable due to unmet conditions or may have expired. It’s also possible that they have been ruled inoperable by a court, or have otherwise become inoperable. Therefore, you should not rely solely on the information presented. If you have questions or believe you may have a legal issue, you should contact an attorney as soon as possible.

766.104 Pleading in medical negligence cases; claim for punitive damages; authorization for release of records for investigation.–

(1) No action shall be filed for personal injury or wrongful death arising out of medical negligence, whether in tort or in contract, unless the attorney filing the action has made a reasonable investigation as permitted by the circumstances to determine that there are grounds for a good faith belief that there has been negligence in the care or treatment of the claimant. The complaint or initial pleading shall contain a certificate of counsel that such reasonable investigation gave rise to a good faith belief that grounds exist for an action against each named defendant. For purposes of this section, good faith may be shown to exist if the claimant or his or her counsel has received a written opinion, which shall not be subject to discovery by an opposing party, of an expert as defined in s. 766.102 that there appears to be evidence of medical negligence. If the court determines that such certificate of counsel was not made in good faith and that no justiciable issue was presented against a health care provider that fully cooperated in providing informal discovery, the court shall award attorney’s fees and taxable costs against claimant’s counsel, and shall submit the matter to The Florida Bar for disciplinary review of the attorney.

(2) Upon petition to the clerk of the court where the suit will be filed and payment to the clerk of a filing fee, not to exceed $42, an automatic 90-day extension of the statute of limitations shall be granted to allow the reasonable investigation required by subsection (1). This period shall be in addition to other tolling periods. No court order is required for the extension to be effective. The provisions of this subsection shall not be deemed to revive a cause of action on which the statute of limitations has run.

(3) For purposes of conducting the investigation required by this section, and notwithstanding any other provision of law to the contrary, subsequent to the death of a person and prior to the administration of such person’s estate, copies of all medical reports and records, including bills, films, and other records relating to the care and treatment of such person that are in the possession of a health care practitioner as defined in s. 456.001 shall be made available, upon request, to the spouse, parent, child who has reached majority, guardian pursuant to chapter 744, surrogate or proxy pursuant to chapter 765, or attorney in fact of the deceased pursuant to chapter 709. A health care practitioner complying in good faith with the provisions of this subsection shall not be held liable for civil damages attributable to the disclosure of such records or be subject to any disciplinary action based on such disclosure.

What this means is that your attorney will need to investigate whether or not your case is meritorious prior to filing suit. While you may believe that your situation is a clear cut case of negligence or professional malpractice, it must be supportable under the legal requirements and limitations of Florida state law.

Statutes listed on this site are offered for general information purposes. It’s important to keep in mind that the law is constantly changing. Therefore, statutes listed here may not be operable due to unmet conditions or may have expired. It’s also possible that they have been ruled inoperable by a court, or have otherwise become inoperable. Therefore, you should not rely solely on the information presented. If you have questions or believe you may have a legal issue, you should contact an attorney as soon as possible.

Malpractice cases typically give rise to a variety of costs in investigating and pursuing the matter, making them expensive and requiring a lot of the lawyer’s time. One question that your malpractice lawyer ought to discuss with you at the outset is whether your case has economically viability. Very generally speaking, sometimes a malpractice lawyer will out lay over $100,000 in out-of-pocket expenses. Further, many malpractice cases can take years before coming to a conclusion. This means that an attorney may invest years of work on just one malpractice claim.

When a possible malpractice legal matter arises from something like a temporary misdiagnosis, and the medical professional eventually makes the right diagnosis without any resulting significant injuries to the patient, usually such a case will be deemed economically not viable.

Most medical malpractice attorneys are not willing to invest years of professional work-time and tens-of-thousands of dollars on the chance of gaining a recovery of much less than the investment.

More importantly, most clients should be advised against pursuing specious or frivolous claims that are unlikely to lead to a successful outcome. As previously stated, malpractice lawsuits can require significant time and emotional investments, even for the client. Getting a client’s hopes of obtaining a large award are not in the client’s best interest.

Under Florida law, attorneys must provide written certification when they file a malpractice lawsuit that they have made a reasonable investigation of the case and have come to a good faith belief that there is a reasonable basis to file a claim for damages. In the event that there is a determination that this requirement was not met, the court may enter sanctions against the lawyer, including requiring personal payment of the defendant’s attorney’s fees.

To find out whether or not you may have a malpractice case in Florida, contact attorney Ted Babbitt for a free malpractice evaluation. Call 1-877-751-8087 or fill out our online form and Mr. Babbitt will contact you promptly to discuss your case.

Experienced Florida injury attorney Ted Babbitt can give you information about finding the right lawyer for your situation. Mr. Babbitt has represented serious injury victims for many years. He has built relationships with other legal professionals throughout those years.

While the decision of which attorney you hire rests entirely with you, getting a lawyer recommendation from an experienced attorney who knows other experienced attorneys throughout the country, can help you find an attorney in a much more effective and efficient manner.

Another way to find a lawyer is to talk to an experienced lawyer who has handled cases similar to your situation. This way, you can use the experience of that legal professional to help you locate a lawyer that is a good fit for you.

Ultimately, you will have to decide for yourself which lawyer is best for your specific situation. However, with the assistance of an experienced legal professional, finding a lawyer that fits your needs can be a much less difficult task.

The law may limit the time that you can bring your lawsuit against a hospital. Therefore, it is advisable to discuss your situation with an experienced lawyer as soon as is practically possible.

Finding the right attorney for your particular legal situation can seem overwhelming. The Internet is filled with lawyer advertisements. Talking with an experienced attorney that has handled lawsuits against hospitals can provide you with the guidance you need to make an informed hiring decision. Let experienced hospital error attorney Ted Babbitt provide you his professional opinion.

This is because there are several statutes and rules mandated by Florida medical malpractice law. These statutes could profoundly impact a claim you plan to file, so it’s best to get experienced help from the get-go. 

Some of the important components of Florida medical malpractice law that could impact your claim include: 

• Statute of Limitations – you have 2 years from the date of injury or when the injury should have been reasonably discovered, with a maximum time period of 4 years. For minors it is 7 years or the child’s 8^th birthday. There are some exceptions for cases that involve fraud or misrepresentation.  
• Damage Caps – the damage caps for non-economic damages are currently on a sliding scale that ranges between $500,000 and $1,500,000. Damage caps for “practitioners” are set at $500,000 and the damage caps for “non-practitioners” are set at $750,000. 
• Negligence – pure comparative negligence is observed in Florida, which means that if you were at all responsible for your condition, the percentage of your fault would be deducted from the total amount of damages you could receive.

 Florida medical malpractice laws can be very complicated, which is why you should consult with an experienced Florida medical malpractice attorney before trying to file a claim.  

Contacting a Florida Medical Malpractice Attorney  

Florida medical malpractice attorney Theodore Babbitt wants to use his legal experience and professional connections to put you in touch with the attorney who can best handle your case. Simply fill out the Find The Right Attorney form online, and Mr. Babbitt will personally review your story to see if you have a claim and put you in touch with the best Florida medical malpractice attorney to handle your case. Fill out our online form or call 877-751-8087 to get started today.

The experience and knowledge of a Florida product liability attorney may be able to help you immensely through this process. This is because an attorney understands not only the laws surrounding a defective product claim but how it will affect your case if the manufacturer is located in a foreign country. 

A Florida product liability attorney can determine liability, which, in a defective product claim, may include more than one party. Not only can a manufacturer be held liable for damages but so can suppliers, distributors and retailers, in some cases. 

Keep in mind that while some products are manufactured in foreign countries, if a corporation in the United States sells it, they are subject to the laws within this country. There are many corporations and firms in the United States that have portions of their products made in foreign countries but it does not free them from liability to make sure the product is safe for use. 

If you have been injured as the result of a defective product, you should not be intimidated about filing a defective product claim against those responsible. While there may be more than one liable party and it could include a manufacturer in a foreign country, you may still be able to receive compensation for your injuries. 

Contact a Florida product liability attorney to find out what your next step should be and how to file your defective product claim. 

Contact a Florida Product Liability Attorney  

Florida product liability attorney Theodore Babbitt wants to use his legal experience and professional connections to put you in touch with the product liability attorney who can best handle your case. Find The Right Attorney focuses solely on connecting Florida victims with the best legal resources possible. Fill out our online form or call to get started – 877-751-8087.

Some of the most interesting statistics from the report include: 

• $736.9 million was paid in Florida medical malpractice claims in 2009; and
• $570.3 million was paid in medical malpractice damages in 2009 (the remainder of the $736.9 million was loss adjustment expenses). 

The report also revealed that Florida, the 5^th largest market for medical malpractice claims, most frequently reported claims from hospital inpatient facilities. Of the state’s claims, the majority were moderate to severe. Additionally, it was found that Florida medical malpractice claims against specialists such as podiatrists, optometrists and chiropractors increased .5% in 2009. 

The report also had information about the amount of medical malpractice claims resolved in 2009. 

The report stated that: 

• 3,087 medical malpractice claims were closed in 2009;
• 1,577 of those claims were for female plaintiffs; and
• 1,510 were for male plaintiffs. 

Contact a Florida medical malpractice attorney today if you have been injured because of medical negligence and wish to file a Florida medical malpractice claim. An experienced attorney can advise you of how Florida medical malpractice laws may impact your potential claim. 

Contacting a Florida Medical Malpractice Attorney  

Florida medical malpractice attorney Theodore Babbitt wants to use his legal experience and professional connections to put you in touch with the attorney who can best handle your case. Simply fill out the Find The Right Attorney form online, and Mr. Babbitt will personally review your story to see if you have a claim and put you in touch with the best Florida medical malpractice attorney to handle your case. Fill out our online form or call 877-751-8087 to get started today.

A Florida medical malpractice attorney has an understanding of the laws surrounding this type of claim. An attorney can advise you on what to expect in the process and may be able to estimate the amount of damages that you stand to receive. 

Florida medical malpractice law is governed by important factors such as the time limit you have to file a claim, how much you can recover in damages and state-specific negligence rules.  

Florida Medical Malpractice Law: Statute of Limitations 

The length of time you have to file a Florida medical malpractice claim is known as the statute of limitations. From the date of the medical malpractice incident that led to your injuries or from the date it should have been discovered, you have 2 years to file your Florida medical malpractice claim. 

Since the date of discovery can be different than the actual date of injuries, the statue of limitations may be extended. Under no circumstances can a Florida medical malpractice claim be filed more than 4 years after the medical malpractice incident. Since the timeframe is so important, consulting with a Florida medical malpractice attorney immediately is critical. 

There are exceptions to the statute of limitations when it comes to minors. The 4 year limit in filing a Florida medical malpractice claim cannot prevent legal action prior to a minor child’s 8^th birthday. For a minor, the statute of limitations is 7 years or when a minor reaches 8 years of age. 

While the statute of limitations for a wrongful death claim is 2 years, if the wrongful death was the result of medical malpractice, then the statute of limitations for medical malpractice is followed. 

The only exception to Florida’s statute of limitations for medical malpractice is when fraud, concealment or misrepresentation caused the “discovery” of the injury to be withheld. In these cases, the statute of limitations can be extended. Speaking with a Florida medical malpractice attorney can help you better understand how these statutes specifically apply to your Florida medical malpractice claim. 

Florida Medical Malpractice Law: Damage Caps  

The compensation limit for a Florida medical malpractice claim is known as a damage cap. In 2003, Florida passed legislation that established damage caps on non-economic portions of a Florida medical malpractice claim.  

This non-economic damage cap is actually a sliding scale that ranges between $500,000 and $1,500,000 based on the circumstances surrounding the malpractice that took place and its effect on the victim and their family. 

Additionally, Florida statute 766.118 also establishes a damage cap of $500,000 for “practitioners” and a $750,000 damage cap for “non-practitioners” for cases related to medical malpractice. 

Your Florida medical malpractice attorney can look at the specifics of your Florida medical malpractice claim and explain how these damage caps and classifications may affect your claim.    

Florida Medical Malpractice Law: Negligence  

Another important Florida medical malpractice law applies to negligence. In a Florida medical malpractice claim, you must be able to prove that a healthcare provider or hospital was negligent. 

The state of Florida follows pure comparative negligence rules. This means that no matter how much at fault an individual may be, they can still recover damages. If you are found to be at fault to a certain degree, this percentage will be deducted from the total amount of damages that can be recovered. Your Florida medical malpractice attorney can further explain how comparative negligence may affect your Florida medical malpractice claim. 

How a Florida Medical Malpractice Attorney Can Help 

Attempting to file a Florida medical malpractice claim on your own can be difficult because of the complex legal issues involved in establishing medical negligence, as well as Florida’s detailed medical malpractice laws. 

An experienced Florida medical malpractice attorney understands the claims process and steps you need to take to make sure your claim is taken seriously and not thrown out of court because of a simple error. If you have been seriously injured because of medical malpractice, contact a Florida medical malpractice attorney today to discuss your potential claim. 

Contacting a Florida Medical Malpractice Attorney 

Florida medical malpractice attorney Theodore Babbitt wants to use his legal experience and professional connections to put you in touch with the attorney who can best handle your case. Simply fill out the Find The Right Attorney form online, and Mr. Babbitt will personally review your story to see if you have a claim and put you in touch with the best Florida medical malpractice attorney to handle your case. Fill out our online form or call 877-751-8087 to get started today.