Statute of Limitations |
Medical Claim Generally:A medical malpractice claim must be filed within 2 years of the date the harm from the malpractice was discovered, or could reasonably have been discovered. This may be extended to four years in cases where the injury wasn’t immediately discoverable. – The only exceptions after four years are for cases involving fraud or concealment.[Florida Statute 95.11(4)(b)] Minors:“In no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday.” Actions that demonstrate “fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday.” [Florida Statute 95.11(4)(b)] Wrongful death:Actions for wrongful death resulting from medical malpractice are subject to the medical malpractice statute of limitations rather than the two year statute of limitations for wrongful death actions. See Fla.Stat. §766.104(1) |
Damage Caps |
Medical practitioners can be held liable for up to $500,000 in non-economic damages for most injuries. If the injury resulted in a permanent vegetative state or wrongful death, the practitioner can be held liable for up to $1 million in non-economic damages Non-practitioners, such as hospitals or medical facilities, can be held liable for up to $750,000 for personal injury. If the injury resulted in a permanent vegetative state or wrongful death, the non-practitioner can be held liable for up to $1.5 million in non-economic damages. A trial court may award more than $500,000 in non-economic damages if the injured patient suffered particularly severe harm. |
Attorney Fee Caps |
Medical malpractice attorney fees are capped at 30% of the first $250,000 in damages and 10% of any damages above that amount. This cap is established in Article I, Section 26 of the Florida Constitution. |
Pre-suit Requirements |
A notice of claim must be sent to potential defendants 90 days before a lawsuit is filed and a medical expert affidavit must be signed stating the expert is willing to testify. [F.S. §766.106] |
Expert Qualifications |
A medical expert must regularly practice in their field, hold a professional degree from a university or college, and meet the special requirements for specialists that are laid out in F.S. §766.102(5). [F.S. §766.202(6)] |
Negligent Credentialing Claims |
Florida recognizes negligent credentialing claims and the standard is negligence [F.S. § 766.110; Blutcher v. Roseland Community Hospital] |
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