Medical Malpractice FAQs

Defined as negligence by a healthcare provider or professional, medical malpractice occurs when substandard treatment is provided to a patient, leading to harm, injury, or death.

In Florida, the statute of limitations for bringing a medical malpractice lawsuit is two years after the date of the injury or harm occurred. Each state’s statute of limitations will differ.

Two of the most important factors in proving medical malpractice are demonstrating that the medical professional was negligent and that the negligence resulted in an injury. Proving that the medical professional acted negligently typically involves evidencing that the “standard of care” was not met.

Standard of care is the standard at which a reasonable person, within the same field, would have acted. During a medical malpractice case an expert witness is often brought in to determine the standard of care that the medical professional failed to follow.

The damages cap for pain and suffering in Florida is $500,000 per plaintiff, not to exceed $1,000,000 per from all plaintiffs against all practitioners in the case.

A claim may be made against all parties whose negligence caused the victim harm. In some medical malpractice claims only a doctor or surgeon will be held liable while in other cases it may have been an entire medical team that was held liable.

Medical misdiagnosis, anesthetic errors and birthing errors are three of the most commonly reported malpractice claims, according to the American Medical Association.

Yes. In 2011, numbers from the National Practitioner Data Bank reflected that 93% of payouts on medical malpractice cases came from settlements, and that Florida was one of the top five states for medical malpractice payouts; 33% of injury claims resulted from diagnosis errors.

Medical professionals often obtain medical malpractice insurance which can be either claims-made or occurrence coverage. Claims-made policies cover events that happen during the policy period (or on/or after the retro-active date) and those reported while the policy is still in place. Occurrence policies cover events that occurred during the policy period no matter when they are reported.

Contacting a knowledgeable medical malpractice lawyer can help you determine if the merits of your situation warrant filing a claim. A professional and experienced legal team can also help to guide you and your loved ones through the claims process. For help today, contact Gordon & Partners at (855) 921-4017.