Medical Malpractice Cases

Medical Malpractice Cases In Desoto County Florida

Dr. ANA L HERNANDEZ Medical Malpractice Lawsuits - Court Case # 05CA447

Indemnity Paid: $250,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200643665
Claim Number :A05-32764-04
Date Submitted :12/27/2006
 
Insurer Information
 
Insurer NameCoverage Type
FIRST PROFESSIONALS INSURANCE COMPANY, INCPrimary
Insurer FEINProfessional License Number
59-6614702 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualCheriMMontague
Street Address
1000 Riverside Avenue, Suite 800
CityStateZip
JacksonvilleFL32204
PhoneExtFaxE-Mail Address
(800) 741 - 37423043(904) 358 - 6728montague@fpic.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualAnaLHernandez
Insurer TypeStreet Address of Practice
Licensed250 North Brevard Avenue
CityStateZip CodeCounty
ArcadiaFL34266Desoto
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
68160$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME61296Pediatrics - No Surgery80267

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MDesoto
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
DESOTO MEMORIAL HOSPITAL100175
Location of Institutional InjuryOther Location of Institutional Injury
Nursery 
Date of OccurrenceDate Reported to Insurer
9/15/20047/6/2005
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Near full-term delivery-via repeat low segment C-section.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Infant developed hypoglycemia 48 hours post delivery.Insured did not call in specialists to consult and recommend therapies to reverse this condition.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Failure to diagnose and treat hypoglycemia in newborn.
Principal Injury Giving Rise To The Claim
Severe hypoglycemic brain damage in newborn.
Severity Of Injury
Permanent: Grave - Quadraplegia, severe brain damage, lifelong care or fatal prognosis.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
10/26/200505CA447
County Suit Filed inDate of Final Disposition
Desoto12/5/2006
Other Defendants Involved in this Claim
DeSoto Memorial Hospital
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
12/5/2006
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$250,000
Loss Adjust Expense Paid to Defense Counsel$19,295
All Other Loss Adjustment Expense Paid$7,844
Injured Person's Total Non-Economic Loss$250,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Insurance company staff consulted with insured to discuss preventative measures. Risk management referral is made if appropriate.
 
Updates
 
No updates found.

 

 

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Dr. KAYUM MOHAMMADBHOY Medical Malpractice Lawsuits - Court Case # 142003CA000574

Indemnity Paid: $100,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M200848300
Claim Number :120779
Date Submitted :8/7/2009
 
Insurer Information
 
Insurer NameCoverage Type
PROASSURANCE CASUALTY COMPANYPrimary
Insurer FEINProfessional License Number
38-2317569 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualMaria Gonzalez
Street Address
2801 SW 149th Avenue, Suite 200
CityStateZip
MiramarFL33027
PhoneExtFaxE-Mail Address
(954) 602 - 5834  mgonzalez@pronational.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualKayum Mohammadbhoy
Insurer TypeStreet Address of Practice
Licensed250 North Brevard Avenue
CityStateZip CodeCounty
ArcadiaFL34266Desoto
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MP40457$500,000$1,500,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME19370Surgery - Obstetrics - Gynecology0

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FDesoto
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
DESOTO MEMORIAL HOSPITAL100175
Location of Institutional InjuryOther Location of Institutional Injury
Labor and Delivery Room 
Date of OccurrenceDate Reported to Insurer
5/7/20012/11/2003
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Death
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
C-section
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
Unknown placenta previa
Principal Injury Giving Rise To The Claim
Death
Severity Of Injury
Permanent: Death.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
9/12/2003142003CA000574
County Suit Filed inDate of Final Disposition
Desoto1/11/2008
Other Defendants Involved in this Claim
Kayum Mohammadbhoy, MDPA
DeSoto Memorial Hospital, Inc.
LA CAVA, JOSEPH
Birkhahn, Gertrude C
TEAM HEALTH, INC.
Team Physicians of Ohio
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
 
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$100,000
Loss Adjust Expense Paid to Defense Counsel$45,258
All Other Loss Adjustment Expense Paid$46,805
Injured Person's Total Non-Economic Loss$100,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Insured discussed claim with insurance personnel and medical experts.
 
Updates
 
 
Date of Change:8/7/2009 1:55:52 PM
Reason for Change:Additional invoices paid after file closed.
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel4351545258
All Other Loss Adjustment Expense Paid3630046805

 

 

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Dr. MOHANASUNDARAM S NARAYANAN Medical Malpractice Lawsuits - Court Case # 2014CA000615AXMA

Indemnity Paid: $100,000.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201677566
Claim Number : 196439
Date Submitted : 8/3/2016
 
Insurer Information
 
Insurer Name Coverage Type
PROASSURANCE CASUALTY COMPANY Primary
Insurer FEIN Professional License Number
38-2317569  
Insurer Contact Information
Type First Name MI Last Name
Individual Denise   Stokes
Street Address
100 Brookwood Place
City State Zip
Birmingham AL 35209
Phone Ext Fax E-Mail Address
(205) 802 - 4790     dstokes@proassurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMOHANASUNDARAMSNARAYANAN
Insurer TypeStreet Address of Practice
Licensed10037 SW 77 Loop
CityStateZip CodeCounty
OcalaFL34481Marion
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
MP37590$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME27048Gastroenterology - Minor Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MDesoto
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Hospital Inpatient Facility 
Name of InstitutionCode
SEVEN RIVERS COMMUNITY HOSPITAL100249
Location of Institutional InjuryOther Location of Institutional Injury
Patients' Room 
Date of OccurrenceDate Reported to Insurer
7/18/20127/18/2014
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
iron deficiency anemia
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Esophagogastroduodenoscopy and colonoscopy
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
No Misdiagnosis made
Principal Injury Giving Rise To The Claim
Patient sustained a laceration of the gastric mucosa during the EGD and claims failure to ensure hemostasis resulted in postoperative bleeding, a syncopal episode and injuries sustained in a fall due to syncope
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
12/11/20142014CA000615AXMA
County Suit Filed inDate of Final Disposition
Desoto3/1/2016
Other Defendants Involved in this Claim
Mohan Narayanan, MD PA
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
 
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$100,000
Loss Adjust Expense Paid to Defense Counsel$43,289
All Other Loss Adjustment Expense Paid$15,930
Injured Person's Total Non-Economic Loss$100,000
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
Insured discussed case with defense counsel, insurance personnel, and medical experts.
 
Updates
 
 
Date of Change:6/2/2016 3:19:35 PM
Reason for Change:updated ALAE amounts
 
Field ChangedFormer ValueNew Value
All Other Loss Adjustment Expense Paid144887915930
Injured Person Total Non-Economic Loss0100000
Amount of Deductible Paid by Defendant3848143252
 
Date of Change:6/2/2016 3:26:18 PM
Reason for Change:corrected ALAE amounts
 
Field ChangedFormer ValueNew Value
Amount of Deductible Paid by Defendant432520
Amount of Loss Adjustment Expense Paid to Defense Counsel043252
 
Date of Change:8/3/2016 1:33:26 PM
Reason for Change:updated ALAE information
 
Field ChangedFormer ValueNew Value
Amount of Loss Adjustment Expense Paid to Defense Counsel4325243289

 

 

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Dr. MAHENDRAKUMAR A PATEL Medical Malpractice Lawsuits - Court Case # 2009-CA-001068

Indemnity Paid: $99,999.00

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 
Department File Number : M201573435
Claim Number : 59158501
Date Submitted : 2/11/2015
 
Insurer Information
 
Insurer Name Coverage Type
PHYSICIANS INSURANCE COMPANY Primary
Insurer FEIN Professional License Number
13-4235490  
Insurer Contact Information
Type First Name MI Last Name
Individual Antrine   Long
Street Address
361 Hillsboro Blvd.
City State Zip
Deerfield Beach FL 33441
Phone Ext Fax E-Mail Address
(954) 788 - 5184   (954) 944 - 1382 along@picinsurance.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualMahendrakumarAPatel
Insurer TypeStreet Address of Practice
Licensed201 E Gibson Street
CityStateZip CodeCounty
ArcadiaFL34266Desoto
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
133355$250,000$750,000
Profession or BusinessOther Profession or Business
Medical Doctor 
License NumberSpecialty Code & ClassificationCertification Number
ME47370Internal Medicine - No Surgery 

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 MDesoto
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Patient's Home 
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
OtherPatient's home
Date of OccurrenceDate Reported to Insurer
2/2/20076/17/2009
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
The Patient had a history of smoking, hyperlipidemia, and chest pain. Patient had a Myocardial Infarction and Coronary bypass in 2000. The patient's primary care physician ordered a nuclear stress test which was interpreted by our insured physician.
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
Insured performed a stress test on 02/02/2007. There were no EKG abnormalities with exercise or anything remarkable found in result of the stress test. The patient continued care with his PCP and went on to have a myocardial infarction a few months later.
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
A claim was made against all of the patient's healthcare providers, including the insured physician, claiming his cardiac condition was not properly diagnosed or treated.
Principal Injury Giving Rise To The Claim
Patient experienced a mild MI and cardiac catherization and died several years later. An earlier Coronary angiography would not have prevented the cardiac catheterization.
Severity Of Injury
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed.

Florida Office of Insurance Regulation
Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
6/10/20112009-CA-001068
County Suit Filed inDate of Final Disposition
Desoto1/13/2015
Other Defendants Involved in this Claim
Desoto Memorial Hospital, Inc.
Arcadia General Internal Medicine, Inc.
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
1/6/2015
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$99,999
Loss Adjust Expense Paid to Defense Counsel$64,555
All Other Loss Adjustment Expense Paid$20,657
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$0$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
n/a
 
Updates
 
No updates found.

 

 

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Dr. ROBERT GARNET Medical Malpractice Lawsuits - Court Case # 12-00495CA30

Indemnity Paid: $60,000.00

Medical Malpractice Closed Claims Report

 
Department File Number :M201265052
Claim Number :17309-01
Date Submitted :10/9/2012
 
Insurer Information
 
Insurer NameCoverage Type
PODIATRY INSURANCE COMPANY OF AMERICAPrimary
Insurer FEINProfessional License Number
58-1403235 
Insurer Contact Information
TypeFirst NameMILast Name
IndividualKaren Kessler
Street Address
3000 Meridian Blvd., Suite 400
CityStateZip
FranklinTN37067
PhoneExtFaxE-Mail Address
(615) 371 - 87762249 kkessler@picagroup.com
 
Insured Information
 
TypeFirst NameMILast Name
IndividualRobert Garnet
Insurer TypeStreet Address of Practice
Licensed18430 So. Dixie Hwy.
CityStateZip CodeCounty
MiamiFL33157Dade
Policy NumberPer Claim Policy LimitsAggregate Policy Limits
1PD0012658$1,000,000$3,000,000
Profession or BusinessOther Profession or Business
Podiatric Physician 
License NumberSpecialty Code & ClassificationCertification Number
PO461  

Medical Malpractice Closed Claims Report


 
 
Injured Person Information
 
First NameMILast NameDate of Birth
    
Street AddressGenderCounty where Injury Occurred
 FDade
CityStateZip Code
   
Location where injury occuredOther location where injury occured
Other Outpatient FacilitySo. FL Ambulatory Surgery Center
Name of InstitutionCode
  
Location of Institutional InjuryOther Location of Institutional Injury
Operating Suite 
Date of OccurrenceDate Reported to Insurer
7/13/20099/22/2011
 
Diagnostic Information
 
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition
Degenerative joint disease and narrowing of the joint space, right first MPJ
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury
McBride bunionectomy with Austin/Kalish/Youngzwick osteotomy, right first MPJ
Diagnostic Code : 
Misdiagnosis Made, If Any, Of Patient's Actual Condition
*NR
Principal Injury Giving Rise To The Claim
Patient presented to insured with complaints of pain, tenderness and swelling of the right, first MPJ, which had been ongoing for many years.X-rays revealed degenerative joint disease and narrowing of the joint space for which surgery was performed on 06-22-09.Post-op, patient developed non-union of the surgery site, avascular necrosis, and pain at the second and third metatarsal due to transfer metatarsalgia.Patient claims the non-union caused her to undergo further surgery with another doctor.She alleges insured was negligent in performing a procedure that causes/aggravates arthritis and performing surgery without first attempting conservative care.Our expert stated patient developed a mal-union/non-union at the surgical site due to the development of avascular necrosis.He advised that avascular necrosis with attending mal-union/non-union is a common risk and complication of any surgical procedure.As to the conservative care, the longevity of patient¿s symptoms, along with increased findings on x-ray, warranted surgical intervention.Insured could have have, perhaps, continued to treat patient¿s symptoms non-surgically; however, patient would not have been able to resolve her symptoms completely without surgical intervention.
Severity Of Injury
Permanent: Minor - Loss of fingers, loss or damage to organs.Includes non-disabling injuries.

Medical Malpractice Closed Claims Report

 

Legal Information
 
Date of SuitCircuit Court Case Number
2/8/201212-00495CA30
County Suit Filed inDate of Final Disposition
Desoto9/12/2012
Other Defendants Involved in this Claim
 
Stage of Legal System at which Settlement was Reached or Award Made
More than 90 days, after suit filed and prior to or during the course of mandatory settlement conference.
Final Method of Claim Disposition
Settled by parties
Court DecisionOther
No Court Proceedings. 
Arbitration
Claim not subject to Arbitration.
Date of Payment
9/13/2012
 
Financial Information
 
Was there a settlement Resulting in payment to the Plaintiff?Yes
Indemnity Paid by Insurer on behalf of Insured$60,000
Loss Adjust Expense Paid to Defense Counsel$29,673
All Other Loss Adjustment Expense Paid$2,453
Injured Person's Total Non-Economic Loss$0
Deductible$0
Injured Person's Total Economic Loss
 Incurred to DateAnticipated
Medical Expense$85,357$0
Wage Loss$0$0
Other Expenses$0$0
Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely
None - Specialty Code #80993
 
Updates
 
No updates found.

 

 

*NR:Prior to 04/28/1999 this field was not required in submitted claims.

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View All Medical Malpractice Cases In Desoto County Florida

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Frequently Asked Questions

Who can file a medical malpractice lawsuit in Florida?

Typically an attorney who specializes in medical malpractice and is licensed in the state of Florida.

Can you file a medical malpractice lawsuit without a lawyer?

Yes you can, however it is highly advised not to as the medical malpractice case law is very complex

What kind of attorney do I need to sue a doctor?

You should look for an attorney who specializes in medical malpractice, you can also search for tort lawyer.

What percentage do malpractice lawyers get?

Most medical malpractice attorneys charge at least a 40% contingency fee.

How long do you have to sue for medical malpractice in Florida?

Under the 2019 Florida statutes, An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy. see section 7 chaper b http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

Is there a cap on medical malpractice in Florida?

With respect to a cause of action for personal injury or wrongful death arising from medical negligence of practitioners, regardless of the number of such practitioner defendants, noneconomic damages shall not exceed $500,000 per claimant. No practitioner shall be liable for more than $500,000 in noneconomic damages, regardless of the number of claimants. see http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/Sections/0766.118.html

Do doctors in Florida have to have malpractice insurance?

Under Florida law, physicians are generally required to carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for medical malpractice. However, certain part-time physicians who meet state requirements are exempt from the financial responsibility law. see http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0458/Sections/0458.320.html

Is there a time limit to file a medical malpractice suit?

Under the 2019 Florida statutes, An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy. see section 7 chaper b http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

What is considered medical malpractice in Florida?

Medical Malpractice in Florida is defined as significant harm. This means that the injury must be serious enough to have resulted in significant healthcare expenses, missed work and caused ongoing pain and suffering.

What is the statute of limitations for legal malpractice in Florida?

Under the 2019 Florida statutes, An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy. see section 7 chaper b http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

Who can file a wrongful death suit in Florida?

Florida law requires a representative of the deceased person's estate to file the wrongful death claim. The representative may be named in the will or estate plan. The court will appoint a representative if there is no will or estate plan

What is the statute of limitations for wrongful death in Florida?

Under the 2019 Florida statutes, the statute of limitations for wrongful death is within two years of the date of death for most cases.

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