Medical Malpractice

Video Transcription: In 2014, the Florida Supreme Court held in McCall versus the United States, that the statutory cap on non-economic damages or pain and suffering violates the Equal Protection Clause of the Florida Constitution. So no, there is no longer a statutory cap on non-economic damages.

Video Transcription: Under Florida law, the estate of the deceased can bring a claim in one of two scenarios. If the deceased leaves a spouse, is the first case, and two, if the deceased leaves a child under the age of twenty-five. Other than that, Florida law does not allow the estate to bring a claim.

Video Transcription: No, not any time. Generally speaking there's a two year statute of limitations in which to bring a medical malpractice claim, with few exceptions.

Video Transcription: The answer might surprise you: No, not all doctors do. I would strongly recommend you ask your medical provider for proof that they do in fact carry malpractice insurance, because some medical providers choose to go bare or not carry that insurance. You can visit the Florida Department of Health's website to verify this for yourself as well.

Transcription: If you obtain a settlement prior to going to trial, generally those proceeds are not taxable income. However, if you go to trial and obtain a verdict in which the jury specifically delineates money for lost wages, then that can be taxable income.

Video Transcription: A medical malpractice case is just like any other negligence case. The person you'd like to bring a claim against has to have committed some negligent act, and just because you're unsatisfied with the result of a surgery doesn't necessarily mean that a doctor has committed a negligent act. If you are unsatisfied, I strongly suggest you consult with an attorney. Let the attorney review your medical records and see if you have a potential case.

Video Transcription: Medical malpractice cases are a subset of personal injury, and personal injury attorneys generally take clients based off a contingency fee agreement. What that means is, unlike a criminal law attorney or a family law attorney, who charges an up-front fee known as a retainer, personal injury attorneys usually charge nothing up front and recover their fees at the end when there's a settlement.

Video Transcription: Johns Hopkins University researchers released a study showing that death as a result of medical error is now the third leading cause of death in America. Over 250,000 deaths per year are attributable to medical negligence.

Video Transcription: Absolutely, misdiagnoses often form the basis of a medical negligence claim. If you feel you've been the victim of a misdiagnosis, I highly suggest consulting with an attorney, have them review your medical records to see if you have a potential case. Remember, the statute of limitations for medical malpractice in Florida is 2 years.

Video Transcription: Generally the venue, or where your case can be filed, usually is in the county where the medical malpractice actually occurs.

Video Transcription: There are usually 2 reasons. The first reason is that medical malpractice is very difficult to prove is Florida. The second is that the cost to prosecute a case through trial sometimes far exceeds what the potential recovery might be, making it an economic reason.