Florida Hospital Medical Malpractice Lawsuits

Medical malpractice cases involving hospitals in Florida are often complex and challenging. Hospitals and healthcare facilities must ensure their medical staff is competent. They are also responsible for maintaining proper risk management systems and prioritizing patient safety. If a hospital fails to meet these duties and a patient is harmed, it may be held liable for medical malpractice.

If you or a loved one have been injured due to negligence at a hospital, it’s crucial to understand your rights and the legal responsibilities hospitals must uphold. The Law Offices of Jason Turchin have experience handling hospital medical malpractice lawsuits in Florida. Contact us today for a free consultation to discuss your case and learn how we can help.

Hospital Liability for Medical Malpractice in Florida

Florida law places significant responsibilities on hospitals to ensure patient safety. Under Florida Statutes §766.110, hospitals must provide comprehensive risk management. They also have a duty to carefully select and review the competence of their medical staff. This means hospitals are responsible not only for their employees’ actions but also for ensuring that all doctors and medical personnel practicing in their facilities are qualified to provide safe, effective care.

Key Duties of Hospitals Under Florida Law

According to Florida Statutes §766.110, hospitals must fulfill several duties to ensure patient safety:

1. Selection and Review of Medical Staff: Hospitals are required to adopt written procedures for selecting their medical staff. This process involves vetting the qualifications and competence of doctors, nurses, and other healthcare providers. Additionally, hospitals must conduct periodic reviews of the care provided by their staff to ensure it meets acceptable standards.
2. Comprehensive Risk Management Program: Hospitals must have a risk management program in place. This program must comply with Florida Statutes §395.0197 and be tailored to the hospital’s size, location, scope of services, and other relevant factors. The goal of the risk management program is to identify and minimize risks to patient safety.
3. Medical Review and Supervision: Hospitals must implement and oversee medical review processes. They are responsible for ensuring that healthcare providers deliver proper care. This includes monitoring doctors, nurses, and other staff to ensure they follow the hospital’s medical review and risk management protocols.

Hospitals that fail to exercise due care in carrying out these responsibilities can be held liable if their negligence results in harm to a patient.

What Does Hospital Negligence Look Like?

Hospital negligence can take many forms. Some examples of negligence that could lead to a medical malpractice lawsuit include:

• Failing to adequately vet medical staff: If a hospital allows an unqualified or undertrained doctor or nurse to treat patients, and that healthcare provider causes harm, the hospital can be held responsible for negligent hiring practices.
• Lack of proper supervision: Hospitals are required to ensure that their staff members follow proper protocols and procedures. Failure to properly supervise medical personnel can result in medical errors, which can lead to severe injuries or even death.
• Inadequate risk management: If a hospital’s risk management program is poorly designed or not followed, it may fail to identify potential risks to patient safety. This failure can lead to preventable medical errors or accidents.
• Failing to maintain medical equipment: Hospitals must ensure that their equipment is regularly inspected and properly maintained. Defective or malfunctioning medical equipment can lead to serious injuries.

Financial Responsibility and Insurance Coverage

Hospitals in Florida are generally required to carry liability insurance or insure themselves for at least $1.5 million per claim and $5 million annually to cover medical injuries caused by the negligent acts or omissions of their medical staff. This requirement is designed to ensure that hospitals can compensate patients who are harmed due to medical negligence.

In some cases, hospitals may offer self-insurance coverage to members of their medical staff, which allows them to meet the financial responsibility requirements under Florida Statutes §§458.320 and 459.0085. Self-insured hospitals must extend coverage to medical staff for activities both inside and outside the hospital. Hospitals may also assess health care providers, such as doctors, for a portion of the hospital’s insurance costs.

The Importance of Risk Management in Hospitals

Risk management is a critical component of a hospital’s duty to its patients. Hospitals must do more than select competent medical staff. They must also maintain a risk management program to identify and reduce dangers to patients. This includes monitoring for medical errors, making sure staff follow safety protocols, and addressing issues before they cause harm.

Florida law allows hospitals to use scientific diagnostic methodologies as part of their risk management programs. These methods help identify potential risks related to specific diseases and can improve patient outcomes when used effectively. However, failure to implement or follow these programs can expose patients to unnecessary harm and may result in liability for the hospital.

Filing a Medical Malpractice Lawsuit Against a Hospital

If you believe you or a loved one has been harmed due to hospital negligence, it’s essential to act quickly. Florida law sets strict deadlines for filing medical malpractice claims. The legal process can be complex. Hospitals often have lawyers and insurance companies ready to defend them. That’s why it’s crucial to have experienced legal representation on your side.

At the Law Offices of Jason Turchin, we understand the intricacies of hospital medical malpractice lawsuits in Florida. Our team will thoroughly investigate your case, gather the necessary evidence, and help you pursue the compensation you deserve for your injuries.

How We Can Help

If you or a loved one has been injured as a result of hospital negligence in Florida, the Law Offices of Jason Turchin can help you navigate the legal process. We offer free consultations and work on a contingency fee basis, meaning you don’t pay us fees or costs unless we recover compensation for you.

To learn more about your legal options and how we can assist with your Florida hospital medical malpractice claim, contact us today. We are here to help you every step of the way.