Florida Medical Malpractice Claims Are Incredibly Serious

Medical malpractice claims are often highly contentious and emotionally draining. Because Florida laws governing medical malpractice can be difficult to understand, it is highly recommended that you consult West Palm Beach’s knowledgeable medical malpractice attorneys at Thompson & Thomas, P.A.

Statutes of Limitation

Under Florida state law, you are required to file a medical malpractice suit within two years of discovering the injury or, at the latest, within four years of when the malpractice occurred. Simply put — even if there was no way for you to have discovered the injury within four years, a Florida judge will dismiss your claim if you sue the health care provider more than four years after suffering an injury due to medical malpractice.

One Exception…

Florida law offers one exception with regards to the statute of limitations governing medical malpractice. You may file a medical malpractice suit after four years if you can prove that the medical provider fraudulently concealed the malpractice — i.e. intentionally hid the malpractice in the first place. If this applies to your situation, you may file a medical malpractice lawsuit within seven years of the date of the injury.

Pre-Suit Requirements

Pursuant to Florida state law, you are required to serve a notice of intent to sue a health care provider before you can sue in court. This notice of intent includes a signed statement from a medical professional declaring that you do, in fact, have a valid medical malpractice claim. Once the notice of intent is received, the medical provider has 90 days to evaluate the claim. If the medical provider denies the claim, or fails to respond at all within the 90 day period, you may file your lawsuit.

Damage Caps for Non-Economic Damages

Florida Legislature previously enacted a law capping non­economic damages resulting from medical malpractice. However, in 2015 the Florida Supreme Court found this law to be unconstitutional. Presently, there are no arbitrary caps on non­ecomomic damages in Florida for medical malpractice claims. The only exception involves requests for binding arbitration. As part of the 90 day pre­suit process, a medical provider may admit liability and request the claimant to submit to binding arbitration. If the claimant agrees to submit to binding arbitration, their non­economic damages are capped at $250,000. If the claimant refuses a request for binding arbitration and proceeds to trial, their non­economic damages may be limited to $350,000.

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Thompson & Thomas, P.A. is dedicated to helping residents of West Palm Beach and Port St. Lucie who have been injured due to medical malpractice. Call (561) 651-4150 to speak directly with an attorney about your case. Initial consultations are free!