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How Common is Medical Malpractice in Florida?
When we go to the doctor or the hospital, we put our trust in the doctors, nurses, and staff that are treating us. But unfortunately, mistakes are sometimes made that can greatly affect and impact you or your loved one. These mistakes are called medical malpractice and are more common than we might realize.
What is Medical Malpractice?
Over $4 billion is paid out in medical malpractice claims each year in the US, and Florida ranks in the top five states for the highest amount of medical malpractice claims. But what is medical malpractice and why is it so common?
Medical malpractice can occur when a patient, either inpatient or outpatient, sustains an injury through a negligent act or omission by a doctor or other health care professional. Under Florida law, for a claim to be considered medical malpractice it must have these three characteristics:
- Violation of the standard of care
- An injury was caused by the negligence
- The injury resulted in significant damages
Common Types of Medical Errors
250,000 deaths occur each year from medical errors! This is the third leading cause of death in the US, with heart disease and cancer taking the top two spots. (Not including COVID).
Other serious malpractice claims are for major/significant permanent injury, brain damage, and lifelong care. But the most common medical errors that doctors and other medical professionals make are:
- Prescription mistakes
- Surgical errors
- Hospital-related injuries
- Obstetrics and childbirth injuries
Florida Medical Malpractice Laws
Medical malpractice laws in Florida have a lot of caveats and that is why if you or a loved one has been injured through medical errors or negligence it is extremely important to speak with a medical malpractice attorney at Mickey Keenan, P.A.
In Florida, you can seek three types of damages from a medical malpractice claim: compensatory damages, non-economic damages, or punitive damages. Florida also has limits on how much can be awarded, which is another reason why you need a knowledgeable attorney.
Compensatory damages cover medical bills and lost wages whereas non-economic damages cover pain and suffering. Punitive damages are awarded in cases of gross negligence.
The statute of limitation in Florida—or the amount of time in which you must file a lawsuit—for medical malpractice is complex. There are three different statutes of limitations to look at depending on your circumstances.
- Two years from the discovery of the injury or no more than four years from when the act occurred.
- Two years from the date of discovery and seven years from when the act occurred, if the medical provider intentionally concealed the malpractice.
- No time limit if the act occurred on a child under eight years of age.
Have You Sustained an Injury from a Medical Error?
If you or a loved one have sustained an injury from medical malpractice you must reach out to an attorney at Mickey Keenan, P.A. right away. You should not have to suffer at the hands of a doctor or medical professional’s error, no matter how serious the injury is.
Our attorneys will review your case for free and help to make you whole again. Call us at (813) 871-1300 and let us get you the compensation you are entitled to.