Did you know that insurance companies received more than $800 million in medical malpractice premiums in Florida in 2021? That makes Florida the third largest state when it comes to medical malpractice premiums paid. Only New York and California exceed it.
However, that also means that there are a lot of details to understand when it comes to medical malpractice cases in Florida. Many people are so intimidated by the huge amount of information out there. So, they decide not even to bother pursuing a lawsuit. Other people are confident that they would not have any chance of winning a lawsuit. Even if they were to file one.
However, understanding some of the nuances of medical malpractice cases in Florida can make it clearer how you should proceed with your legal situation. Read on to learn about some of the essential things to know about medical malpractice in Florida!
Malpractice Cases Require Damages
Some people think of medical malpractice as a doctor making a mistake while providing treatment. However, not every mistake a doctor makes is medical malpractice.
Even if a doctor is negligent while performing their duties, that does not necessarily mean that they are guilty of medical malpractice. In particular, if a doctor makes a mistake, like prescribing the wrong medication, but it does not cause you any injury, then there are no grounds for a medical malpractice lawsuit. Without damages, the mistakes that a doctor makes do not provide grounds for compensation for their patients.
Florida Has a Statute of Limitations on Cases
Most people do not realize that there is a deadline for filing medical malpractice lawsuits. In Florida, the law states that people have to file their lawsuits within 2 years of when they knew or should have known that medical malpractice occurred.
This law is designed to encourage patients to bring their grievances against doctors quickly. The legal system does not want people to be filing lawsuits based on incidents that occurred many years in the past.
Although the exact application of this law will depend on the judge, the main point is that you cannot wait forever to file a lawsuit. It is important to decide whether you are going to file a lawsuit promptly.
You Need Proximate Cause to Win a Malpractice Lawsuit
Sometimes, a patient suffers damages after medical treatment, and they are correct in believing that the doctor was negligent while providing medical care. However, even this is not enough to make a doctor guilty of medical malpractice.
The missing ingredient here is the proximate cause. Your lawyer will need to prove to the court that the mistakes that your doctor made were the proximate cause of the damages you incurred.
You May Need the Best Medical Law Advice
Filing lawsuit cases is difficult and complicated in the best of circumstances. When you combine that with the complicated medical system, things can get even trickier. Most people will need the help of a skilled lawyer to help them just with the filing process of their lawsuit.
Some people imagine that they might be able to represent themselves in court. After all, if they can explain in simple and convincing terms what happened, shouldn’t that be enough to convince the judge and jury?
However, this view reveals a misunderstanding of the legal system. Someone may be able to present an extremely convincing argument in a normal setting without also being able to present a convincing argument in a legal court. That is why it is so important to have an expert lawyer to help present your case.
Unsettled Claims Go to Trial
Many medical malpractice lawsuits settle before going to trial. In other words, before asking a juror to evaluate the case, the patient receives compensation in exchange for not pursuing their case all the way to trial.
In fact, some people actually file lawsuits in the hopes that they will receive a settlement. They may not want to actually go through all of the effort and uncertainty of arguing their case in court.
However, if you file a lawsuit and do not settle before trial, then you will have to go to trial. If you don’t want to go to trial, then you may not want to take the risk of filing a lawsuit at all. There is never any guarantee that you will be able to settle before the trial.
Losing Parties Sometimes Get Second Chances
The losing party in a medical malpractice case has the option to appeal to a higher court. That means that the decisions of the first court are not always final. In other words, people filing medical malpractice cases sometimes get a second chance after losing their first court battle.
Understand the Essentials of Medical Malpractice Cases in Florida
The stakes are high when it comes to medical malpractice cases in Florida. The more that you understand about how the legal system deals with medical malpractice, the better you will be able to assess how you should navigate your legal situation. Keep in mind that almost nothing will affect the outcome of your medical malpractice lawsuit as much as finding the right lawyer to represent you.
To learn more about how a medical malpractice lawyer can help you, reach out and get in touch with us here at any time!
CONTACT A TAMPA Medical Malpractice ATTORNEY
In short, if you believe you’re a victim of medical malpractice, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your case.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
