Medical Malpractice FAQ Hub – Florida Statutes of Limitation, Damages, and Patient Rights

Medical care should help us heal, but when mistakes happen, the consequences can be devastating. Patients who suffer harm due to medical malpractice often feel confused and overwhelmed about what to do next.

At the Law Offices of Jason Turchin, we have experience handling medical malpractice claims in Florida and co-counsel cases nationwide. This FAQ hub provides answers to the most common questions about malpractice lawsuits, including statutes of limitation, damages, and how Florida’s laws impact victims.

If you or a loved one were injured due to a medical mistake, call us at 800-337-7755 or use our live chat for a free consultation. You won’t pay any fees or costs unless we win or settle your case.

Frequently Asked Questions About Medical Malpractice

1. What is medical malpractice?

Medical malpractice occurs when a healthcare provider deviates from accepted standards of care, causing injury to a patient. Examples include surgical errors, misdiagnoses, medication mistakes, and birth-related injuries.

2. How do I know if I have a malpractice case?

Not every poor outcome is malpractice. To have a case, you typically must prove:

• The provider owed you a duty of care.
• They breached that duty.
• The breach caused your injury.
• You suffered damages.
  An attorney and medical experts can review your records to determine whether malpractice likely occurred.

3. How long do I have to file a malpractice claim in Florida?

Florida generally requires medical malpractice claims to be filed within two years from when the malpractice was discovered (or should have been discovered). Typically, no claim may be filed more than two years after the incident, except in cases involving fraud or concealment. For children, certain exceptions may apply.

4. What damages can be recovered in a medical malpractice lawsuit?

Compensation may include:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Long-term care needs
• Wrongful death damages if malpractice caused a fatality

5. Are there caps on damages in Florida malpractice cases?

Florida previously had caps on non-economic damages in malpractice cases, but those caps were struck down by the Florida Supreme Court. This means there may no longer be statutory caps in many cases, though the law can change.

6. Do I need expert witnesses in a malpractice case?

Yes. Florida law generally requires an affidavit from a medical expert before filing suit, confirming that malpractice likely occurred. Expert testimony is often essential to proving your case.

7. What is the pre-suit process for malpractice claims in Florida?

Before filing a lawsuit, Florida law requires:

• A notice of intent to initiate litigation.
• An affidavit from a qualified medical expert.
• A 90-day investigation period where the provider may settle or reject the claim.

8. Can hospitals be sued for malpractice?

Yes. Hospitals may be liable if they employed negligent staff, failed to properly supervise doctors, or had unsafe policies. They may also be responsible for nurses, technicians, and other employees.

9. Can I sue for misdiagnosis?

Yes, if the misdiagnosis caused harm. For example, if a doctor failed to diagnose cancer in time and the disease spread, a malpractice claim may be possible.

10. What is a birth injury malpractice claim?

Birth injuries occur when mistakes during labor and delivery harm a child or mother. Examples include delayed C-sections, improper use of forceps, or failure to monitor fetal distress.

11. Can nursing home negligence count as medical malpractice?

It depends. Some cases are considered general negligence, while others may rise to medical malpractice if medical treatment or supervision was involved.

12. How much is my malpractice case worth?

The value depends on factors such as severity of injury, long-term disability, lost earnings, and medical costs. Some cases may settle for thousands, others for millions, depending on damages.

13. Do all malpractice cases go to trial?

No. Many settle during the pre-suit investigation or after discovery. However, some proceed to trial, especially if liability or damages are disputed.

14. How long do malpractice cases take?

These cases are often complex and can take years to resolve. The pre-suit process alone may take several months, followed by litigation and potential trial.

15. Do I need a lawyer for a malpractice claim?

Yes. Medical malpractice law is complex and often requires strict compliance with procedural rules. An experienced Florida medical malpractice lawyer can handle the pre-suit process, gather medical experts, and litigate on your behalf.

Example Case Scenarios

1. Delayed Diagnosis in Miami – A patient’s cancer spreads after a doctor fails to order appropriate tests. The patient may have a malpractice claim for misdiagnosis.
2. Surgical Error in Orlando – A surgeon operates on the wrong body part, causing permanent injury. The case may involve both the surgeon and the hospital.
3. Birth Injury in Palm Beach – A doctor delays a C-section despite signs of fetal distress, resulting in cerebral palsy. The family may pursue a malpractice claim.

Contact the Law Offices of Jason Turchin

If you suspect that you or a loved one were harmed by medical malpractice in Florida, don’t wait to seek help. Strict deadlines could apply, and the pre-suit process can be complicated.

Call the Law Offices of Jason Turchin today at 800-337-7755 or chat with us online for a free consultation. You won’t pay any fees or costs unless we win or settle your case.