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MEDICAL MALPRACTICE FAQ'S
Q. Is there a certain amount of money that my medical malpractice case has to be worth for a lawyer to take my case?
A. Since malpractice cases are so expensive and time consuming to pursue, one of the first questions your lawyer will need to address is whether the case is economically justifiable. A lawyer may spend as much as $50,000 to $100,000 in out-of-pocket expenses plus two to three years' time on a single malpractice case.
If a potential case only involves a temporary misdiagnosis of a medical condition, and the correct diagnosis was eventually made with no significant permanent injuries, then that probably is not a good case to pursue. No lawyer would want to risk two years of his time and $75,000 of his money on the possibility that he might recover $25,000 for his client. No client would reasonably want to pursue that type of case either. Legitimate small damage malpractice claims may be inappropriate law suits because the cost to the lawyer, and the potential benefit to the client, simply does not justify a lengthy, expensive legal battle
Q. What is the statute of limitations for a medical malpractice case in Florida?
A. In Florida the statute of limitations for medical malpractice is two years from when the patient (or sometimes a particular family member or guardian) either knew, or should have known with the exercise of reasonable diligence, that the injury has occurred and there is a reasonable possibility that the injury was caused by medical malpractice.
Florida also has a very harsh rule that goes along with it called the statute of repose. This rule says that unless there is fraud, concealment, or misrepresentation, under no circumstances may a healthcare provider be sued for medical malpractice more than four years after the actual incident of malpractice. So even if the patient or family does not know about the malpractice, they may not bring the claim more than four years after the malpractice occurs under most circumstances.
In 1996 Florida adopted for the first time a special statute of repose for children. For incidents of medical malpractice which occur on or after July 1, 1996, the four year statute of repose cannot act to cut off a child's malpractice claim prior to the child's eighth birthday.
If the case is going to involve a State agency as a defendant, or a military or Veterans Administration Hospital or Clinic, there are special advance notice and time requirements that must be strictly followed.
Q. Are all doctors required to carry malpractice insurance?
A. The short answer is no. There actually is a law in Florida that says doctors must carry $100,000 in malpractice insurance in order to practice medicine at all, and in order to have hospital staff privileges (they see patients in hospitals and not just in their offices) they must have at least $250,000 in malpractice insurance.
Unfortunately, these amounts of insurance are often woefully inadequate to pay the actual damages in medical negligence claims. What good is a $250,000 malpractice policy if the patient's injuries result in medical bills of $600,000? What about wage losses and other damages? And the $250,000 is gross, not net after paying for expenses and attorney's fees to file a suit to collect the money. Fortunately, some doctors and virtually all hospitals carry insurance policies in larger amounts.
But the law also has a loophole that allows doctors to carry no insurance at all. If your doctor practices without insurance he should have a sign posted on the wall of his office advising his patients of that fact. Of course you have a problem if he doesn't post a sign and he has no insurance.
If a hospital is involved in your injury, you may actually be able to sue the hospital for allowing the doctor to practice there without the required insurance or assets. See your lawyer about that.
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