Malpractice Laws in Florida
Medical malpractice is negligence, at the professional level, by act or omission during patient care. If a health care provider deviates from accepted medical standards and causes injury or death to a patient, a malpractice action may be warranted. Laws and regulations regarding medical malpractice vary from state to state. The Florida courts have addressed the areas of medical malpractice to establish time restrictions and liability issues.
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Statue of Limitations
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Statue of Limitations refers to the time restrictions placed on malpractice litigation. Limitation on a malpractice action is within two years of the incident or failure to discover a problem. The law permits no action after four years unless it involves a child under the age of eight.
Regarding fraud, concealment or intentional misrepresentation preventing discovery, the maximum filing period is seven years or a child's eighth birthday. All wrongful death actions expire unless filed within two years of the death.
Joint Liability
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In cases for professional negligence on or after July 1, 1986 with damages exceeding 25,000 dollars, the court splits the award between liable defendants based on each individual degree of guilt. A determination of fault by percentage for each person found guilty dictates the percentage of the award paid per defendant. The jury will apportion liability among all culpable persons including non-defendants. Joint liability does not apply to state university systems or teaching hospitals.
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Theory of Corporate Negligence
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A hospital is liable for acts of non-employee physicians. A hospital is in a superior position to supervise and monitor a physician performance, provide quality control and retain competent independent physicians. A hospitals liability only attaches if they fail to exercise due care in selection of physicians on staff. Florida courts recognized that hospitals might be liable for the acts of non-employee physicians based on the theory of joint venture.
Damage Caps
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A damage cap is a limit placed on damage awards in the court system. Punitive damages in excess of three times the claimant's compensatory damages are unreasonable unless convincing evidence proves the amount is not excessive. Punitive damages are monetary compensations awarded to an injured party that goes beyond what is necessary to compensate the individual for losses or compensatory damages.
Periodic Payments
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A system for periodic payments for economic damages in excess of 250,000 dollars, as opposed to one lump sum, is possible. The court may require collateral in these instances.
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References
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