How Medical Malpractice Law Works in Tallahassee
In Tallahassee, medical malpractice covers a range of things. If you have been treated negligently by a mental health professional, prescribed incorrect medicine, given the improper dosage, or had a surgery go wrong, you may be able to claim compensation under medical malpractice laws.
Tallahassee is the capital of the state of Florida and is home to more than 180,000 people. Tallahassee is known for being a fantastic college town and is home to a number of prestigious university locations. It also has a range of great attractions such as top-tier museums and art galleries, the St. Marks National Wildlife Refuge, and Alfred B. Maclay State Gardens.
In Florida, medical malpractice is defined as a breach of the standard of care given to all patients, as defined by healthcare professionals in similar positions. Factors that impact the standard of care includes age and medical condition.
What to do if You Suspect Medical Malpractice
If you or a loved one is impacted by medical malpractice, you can claim compensation for things like additional medical expenses and mental anguish. The laws in Florida can how much you can win due to non-economic factors, which are things like pain and suffering. The cap in Florida is currently 1 million dollars.
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There is also a restriction on how much you can claim in punitive damages in Florida. Punitive damages are paid by the parties who have been found to be in the wrong. This means that punitive damages will only be a part of cases where healthcare professionals can be proven to have caused significant harm with intent.
In Florida, the other major restriction on medical malpractice cases is the statute of limitations. This is the amount of time that eh patient could have reasonably been expected to know about their injury, to when they begin legal proceedings. This limitation period is 2 years.
Statute of Limitations
Additionally, Florida further limits medical malpractice claims, and this limit is known as the statute of response. This limitation states that healthcare providers cannot be sued for medical malpractice if the incident occurs more than four years ago unless the circumstances were extenuating. The victim of malpractice must therefore realize that the malpractice has occurred within 2 years, and will not be able to file a lawsuit after that time has passed.
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There are, in some circumstances, exceptions to the statute of response. If the case involves fraud, concealment, or any form of misrepresentation by the medical provider then the victim may still be able to file a lawsuit. In cases like this, it is highly advisable to speak to a lawyer to discuss the case’s details.
How Long Does a Medical Malpractice Case Take?
In Florida, medical malpractice cases can take a long time to get resolved, which can be influenced by a huge number of factors. These cases require medical knowledge as well as legal knowledge to understand the case fully. You likely won’t deal directly with the healthcare provider, and instead, deal with the Florida malpractice insurance carrier. This I part of the reason why these cases can take so long to resolve.
Attorney Amber Hall is a qualified medical malpractice attorney from Tallahassee who will help you claim the compensation you deserve from your medical malpractice case. Get in touch with us today to discuss your case.