Medical Malpractice Law

Medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient. Simply put, medical malpractice is professional negligence (by a healthcare provider) that causes an injury. Broadly there are three areas where the medical practitioner can commit mistakes: Firstly, he may fail to diagnose or wrongly diagnose a medical condition in a patient.

Secondly, if the diagnose is correct he may fail to provide correct treatment or therapy. Thirdly, he may altogether delay the treatment of the patient. Collateral sources are payments received by the plaintiff in a personal injury case for compensation or benefits from a party not involved with the case to compensate for the damages the plaintiff in the .For medical malpractice cases in Florida, there is a necessary balance for payments from collateral sources, except for collateral sources for which there are subrogation rights. A testifying expert must be from the same field of medicine as the defendant, or have been in practice for at least five years prior to the date the claim was filed.

The statute of limitations is a time limit set by law, which creates a deadline for filing a lawsuit. If you file your suit after the deadline the suit will be thrown out. Medical malpractice actions must be commenced within 2 years from the date of the act giving rise to injury, or within two years from the date the injury was or should have been detected, but no malpractice action may be commenced more than four years following the act giving rise to the injury. These limitations apply to minors aged eight or older.

For injuries to a child under the age of eight resulting from medical malpractice, under Florida law the child must file suit by his or her eighth birthday or within the standard limitations period outlined above, whichever time period is greater. Florida law requires informal discovery and investigation by the defendant's insurer before submission of a malpractice claim to the courts. Patients are entitled to see doctors' and hospitals' records of adverse medical incidents, including malpractice. The state is prohibited from licensing doctors who have committed three or more incidents of malpractice, which involve a finding of medical malpractice by a court, administrative agency, or binding arbitration.

Medical malpractice law is a highly technical field of law.

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