Medical Malpractice law is a sub-specialty of Personal Injury (PI) 
law. Here are some interesting points about Florida Medical Malpractice law:
- A “Tort” – A “Civil Wrong” usually pursued by a negligence action.
- Negligence – Failure to provide reasonable care under the circumstances.
Interestingly enough, Florida Medical Malpractice law has evolved by protecting hospital(s) and/or medical providers by limiting and sometimes preventing access to courts. Because insurance coverage is usually involved, this area of law is highly politicized; the Florida Medical Association (FMA) has a very big and powerful lobby to protect doctors and/or physicians from would be Medical Malpractice claims.
Usually, when a patient goes in for a procedure, they sign Release documents that the certain procedure that will be undertaken has “known and/or inherent risk” involved. If someone happens to have a risk factor occur during a surgical procedure, sometimes medical providers/doctors/hospitals are insulated from liability in the Release by a patient because of the known or inherent risk(s). In all fairness to doctors and hospitals this protects them from unreasonable claims.
Another way potential claimants/Plaintiffs’ rights are impaired is a shortened Statue of Limitations. For regular auto crash and/or negligence cases that are Non-Medical Malpractice claims, there is a 4 year Statute of Limitations to bring a lawsuit. In Medical Malpractice claims, there is a 2 year Statute of Limitations from the time of the Medical Malpractice and/or from the reasonable discovery of same.
If there is a wrongful death that is caused by the negligence of medical provider, the definition of a “Survivor” is limited. (Wrongful death claims are brought by a Personal Representative (PR) of an Estate.)
Example:
- Mr. and Mrs. Jones are married for 40 years.
- They have 2 adult kids – 32 and 29 -over the age of 25 years old.
- Mr. Jones dies leaving Mrs. Jones a widow at 70 years old.
- Mrs. Jones has bad diabetes and due to poor circulation, has to have her left, lower limb removed.
- The Hospital staff wrongfully removes the right leg- the wrong limb!
There is no way the Estate can pursue a Medical Malpractice claim because the definition under Florida Statute of a “Survivor” under the Florida Wrongful Death Act must be a surviving spouse or a child under the age of 25 years old.
That is a scary proposition that an Estate – on behalf of the victim of Medical Malpractice – cannot have a valid “Survivor” and is denied access to a clear civil wrong or tort.
What, in turn, does that do to the quality of medical care for people in this age bracket with no surviving spouse?
There are many types of medical malpractice or medical negligence committed by medical professionals (doctors, nurse, technician, etc.) or medical facility, who do not exercise the standard level of care under the circumstances; which can include, improper diagnosis, failure to diagnose, medical errors, surgical errors, prescription errors and wrongful death.
If you or a loved one has been injured or died as a result of medical negligence and would like to learn more about your legal rights, please contact us here.
