Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
*NR:Prior to 04/28/1999 this field was not required in submitted claims. This page is not displaying certain sensitive information. |
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
This page is not displaying certain sensitive information. |
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
Medical Malpractice Closed Claims Report
This page is not displaying certain sensitive information. |
Department File Number : | M201886058 |
Claim Number : | 207809 |
Date Submitted : | 10/29/2018 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
PROASSURANCE INDEMNITY COMPANY, INC. | Primary | ||||
Insurer FEIN | Professional License Number | ||||
63-0720042 | |||||
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 | (205) 802 - 4710 | claimscompliancereporting@proassurance.com |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Thomas | Singlevich | |||
Insurer Type | Street Address of Practice | ||||
Licensed | 850 South Collier Blvd, Apt 1702 | ||||
City | State | Zip Code | County | ||
Marco Island | FL | 34145 | Collier | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
MP94757 | $1,000,000 | $3,000,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME89957 | Anesthesiology |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
M | Taylor | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Hospital Inpatient Facility | |||||
Name of Institution | Code | ||||
DOCTORS' MEMORIAL HOSPITAL (PERRY) | 100106 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Operating Suite | |||||
Date of Occurrence | Date Reported to Insurer | ||||
10/15/2013 | 10/11/2015 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
Small bowel Obstruction | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
Intubation | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
No misdiagnosis | |||||
Principal Injury Giving Rise To The Claim | |||||
Prolonged hospitalization and ARDS | |||||
Severity Of Injury | |||||
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
1/22/2016 | 2016-VS-0037 | ||||
County Suit Filed in | Date of Final Disposition | ||||
Taylor | 1/22/2016 | ||||
Other Defendants Involved in this Claim | |||||
Anesthesiology Associates of Tallahassee Inc. McGowan, Genevieve B | |||||
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 Decision | Other | ||||
No Court Proceedings. | |||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
7/24/2018 |
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $50,000 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $93,410 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $13,659 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $50,000 | ||||||||||||||||||||
Deductible | $0 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
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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: | 8/6/2018 4:22:10 PM | |||||||||
Reason for Change: | Updated ALAE information | |||||||||
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Date of Change: | 9/24/2018 12:58:38 PM | |||||||||
Reason for Change: | Updated ALAE information | |||||||||
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Date of Change: | 9/28/2018 9:35:09 AM | |||||||||
Reason for Change: | updated alae | |||||||||
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Date of Change: | 10/29/2018 2:21:27 PM | |||||||||
Reason for Change: | updated alae | |||||||||
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This page is not displaying certain sensitive information.
Department File Number : | M201886155 |
Claim Number : | 1028959-01 |
Date Submitted : | 8/15/2018 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
MEDICAL PROTECTIVE COMPANY (THE) | Primary | ||||
Insurer FEIN | Professional License Number | ||||
35-0506406 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Lynn | Louthan | |||
Street Address | |||||
5814 Reed Road | |||||
City | State | Zip | |||
Ft Wayne | IN | 46835 | |||
Phone | Ext | Fax | E-Mail Address | ||
(260) 486 - 0778 | reportaclaim@medpro.com |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Thomas | E | Singlevich | ||
Insurer Type | Street Address of Practice | ||||
Licensed | 611 Zeagler Dr | ||||
City | State | Zip Code | County | ||
Palatka | FL | 32177 | Putnam | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
753609 | $250,000 | $750,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME89957 | Anesthesiology |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
M | Taylor | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Hospital Inpatient Facility | |||||
Name of Institution | Code | ||||
DOCTORS' MEMORIAL HOSPITAL (PERRY) | 100106 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Operating Suite | |||||
Date of Occurrence | Date Reported to Insurer | ||||
10/17/2013 | 10/9/2015 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
Small bowel obstruction | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
Anesthesia for abdominal exploration surgery | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
Failure to have aspiration precautions in place | |||||
Principal Injury Giving Rise To The Claim | |||||
Aspiration of gastric contents, placement of ET tube and transfer | |||||
Severity Of Injury | |||||
Temporary: Major - Burns, surgical material left, drug side effect, brain damage. Recovery delayed. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
1/22/2016 | 16-CA-000037 | ||||
County Suit Filed in | Date of Final Disposition | ||||
Taylor | 7/31/2018 | ||||
Other Defendants Involved in this Claim | |||||
McGown CRNA, Genevieve B Anesthesiology Associates of Tallahassee | |||||
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 Decision | Other | ||||
No Court Proceedings. | |||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
7/30/2018 |
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | Yes | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $50,000 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $28,683 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $10,870 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $50,000 | ||||||||||||||||||||
Deductible | $0 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
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Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
n/a |
Updates | |
No updates found. |
This page is not displaying certain sensitive information.
Department File Number : | M201886624 |
Claim Number : | SHI-15-319235 |
Date Submitted : | 10/5/2018 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
CONTINENTAL CASUALTY COMPANY | Primary | ||||
Insurer FEIN | Professional License Number | ||||
36-2114545 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Kathy | A | Stockton | ||
Street Address | |||||
1900 W. LOOP S., STE. 1500 | |||||
City | State | Zip | |||
Houston | TX | 77027 | |||
Phone | Ext | Fax | E-Mail Address | ||
(713) 935 - 2404 | (713) 461 - 8130 | kathy_stockton@westernlitigation.com |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | GENEVIEVE | MCGOWAN | |||
Insurer Type | Street Address of Practice | ||||
Licensed | 333 N. BYRON BUTLER PARKWAY | ||||
City | State | Zip Code | County | ||
PERRY | FL | 32347 | Taylor | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
HAZ 4032218126-0 | $1,000,000 | $3,000,000 | |||
Profession or Business | Other Profession or Business | ||||
Other | CRNA | ||||
License Number | Specialty Code & Classification | Certification Number | |||
ARNP2878422 |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
M | Taylor | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Hospital Inpatient Facility | |||||
Name of Institution | Code | ||||
DOCTORS' MEMORIAL HOSPITAL (PERRY) | 100106 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Operating Suite | |||||
Date of Occurrence | Date Reported to Insurer | ||||
10/15/2013 | 10/14/2015 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
BOWEL OBSTRUCTION | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
SURGERY PERFORMED | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
ARDS | |||||
Principal Injury Giving Rise To The Claim | |||||
PROLONGED TREATMENT | |||||
Severity Of Injury | |||||
Temporary: Major - Burns, surgical material left, drug side effect, brain damage. Recovery delayed. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
1/22/2016 | 16CA000037 | ||||
County Suit Filed in | Date of Final Disposition | ||||
Taylor | 10/5/2018 | ||||
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 | |||||
Disposed of by Court | |||||
Court Decision | Other | ||||
No Court Proceedings. | |||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | No | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $0 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $53,641 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $17,511 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $0 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
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Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
UNKNOWN |
Updates | |
No updates found. |
This page is not displaying certain sensitive information.
Department File Number : | M201573698 |
Claim Number : | 107-007359 |
Date Submitted : | 3/7/2015 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
LEXINGTON INSURANCE COMPANY | Primary | ||||
Insurer FEIN | Professional License Number | ||||
25-1149494 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Cyndie | Fernandez | |||
Street Address | |||||
3650 Brookside Pkwy | |||||
City | State | Zip | |||
Alpharetta | GA | 30023 | |||
Phone | Ext | Fax | E-Mail Address | ||
(678) 240 - 1613 | cyndie.fernandez@aig.com |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | KEITH | MOORE | |||
Insurer Type | Street Address of Practice | ||||
Licensed | 333 N Bryon Butler Pkwy - Doctors Memorial Hospital Inc. | ||||
City | State | Zip Code | County | ||
Perry | FL | 32347 | Taylor | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
6795916 | $1,000,000 | $3,000,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME110779 | Surgery - Gastroenterology |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
M | Taylor | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Hospital Outpatient Facility | |||||
Name of Institution | Code | ||||
DOCTORS' MEMORIAL HOSPITAL (PERRY) | 100106 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Operating Suite | |||||
Date of Occurrence | Date Reported to Insurer | ||||
11/7/2011 | 11/11/2011 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
During endoscopy procedure, plaintiff suffered a hypoxic event due to a laryngospasm resulting in aspiration pneumonia two days later. Alleged loss of oxygen to the brain at hypoxic event. | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
During endoscopy procedure, plaintiff suffered a hypoxic event due to a laryngospasm resulting in aspiration pneumonia two days later. Alleged loss of oxygen to the brain at hypoxic event. | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
*NR | |||||
Principal Injury Giving Rise To The Claim | |||||
During endoscopy procedure, plaintiff suffered a hypoxic event due to a laryngospasm resulting in aspiration pneumonia two days later. Alleged loss of oxygen to the brain at hypoxic event. | |||||
Severity Of Injury | |||||
Temporary: Major - Burns, surgical material left, drug side effect, brain damage. Recovery delayed. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
8/13/2012 | 12-487CA | ||||
County Suit Filed in | Date of Final Disposition | ||||
Taylor | 3/3/2015 | ||||
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 | |||||
No Payment Made | |||||
Court Decision | Other | ||||
Other | No payment made | ||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | No | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $0 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $595 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $0 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $0 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
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Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
Better Access Patients |
Updates | |
No updates found. |
*NR: Prior to 04/28/1999 this field was not required in submitted claims. This page is not displaying certain sensitive information.
Department File Number : | M201885089 |
Claim Number : | 1043499-01 |
Date Submitted : | 9/27/2018 |
Insurer Information | |||||
Insurer Name | Coverage Type | ||||
NATIONAL FIRE & MARINE INSURANCE COMPANY | Primary | ||||
Insurer FEIN | Professional License Number | ||||
47-6021331 | |||||
Insurer Contact Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Taffie | Hosler | |||
Street Address | |||||
5814 Reed Rd | |||||
City | State | Zip | |||
Fort Wayne | IN | 46835 | |||
Phone | Ext | Fax | E-Mail Address | ||
(260) 492 - 4061 | taffie.hosler@medpro.com |
Insured Information | |||||
Type | First Name | MI | Last Name | ||
Individual | Ghulam | Mohammed | |||
Insurer Type | Street Address of Practice | ||||
Licensed | 333 N Byron Butler Pkwy | ||||
City | State | Zip Code | County | ||
Perry | FL | 32347 | Taylor | ||
Policy Number | Per Claim Policy Limits | Aggregate Policy Limits | |||
HN004730 | $250,000 | $750,000 | |||
Profession or Business | Other Profession or Business | ||||
Medical Doctor | |||||
License Number | Specialty Code & Classification | Certification Number | |||
ME63587 | Hospitalists |
Injured Person Information | |||||
First Name | MI | Last Name | Date of Birth | ||
Street Address | Gender | County where Injury Occurred | |||
M | Taylor | ||||
City | State | Zip Code | |||
Location where injury occured | Other location where injury occured | ||||
Other Location | Taylor County Jail | ||||
Name of Institution | Code | ||||
DOCTORS' MEMORIAL HOSPITAL (PERRY) | 100106 | ||||
Location of Institutional Injury | Other Location of Institutional Injury | ||||
Other | Taylor County Jail | ||||
Date of Occurrence | Date Reported to Insurer | ||||
7/27/2013 | 5/10/2017 |
Diagnostic Information | |||||
Final Diagnosis For Which Treatment Was Sought Including Patient's Actual Condition | |||||
Patient taken to county jail after arrest | |||||
Operation, Diagnostic, Or Treatment Procedure Rendered Causing The Injury | |||||
Examined, patient not to need treatment | |||||
Diagnostic Code : | |||||
Misdiagnosis Made, If Any, Of Patient's Actual Condition | |||||
42 USC 1983 Civil Right violation, deliberate indifference to medical needs. | |||||
Principal Injury Giving Rise To The Claim | |||||
Broken rib, bleeding, abrasion, pain | |||||
Severity Of Injury | |||||
Temporary: Minor - Infections, misset fracture, fall in hospital. Recovery delayed. |
Legal Information | |||||
Date of Suit | Circuit Court Case Number | ||||
4/10/2017 | 4:17-cv-001210RH-CAS | ||||
County Suit Filed in | Date of Final Disposition | ||||
Taylor | 3/26/2018 | ||||
Other Defendants Involved in this Claim | |||||
Stage of Legal System at which Settlement was Reached or Award Made | |||||
During appeal. | |||||
Final Method of Claim Disposition | |||||
No Payment Made | |||||
Court Decision | Other | ||||
No Court Proceedings. | |||||
Arbitration | |||||
Claim not subject to Arbitration. | |||||
Date of Payment | |||||
Financial Information | |||||||||||||||||||||
Was there a settlement Resulting in payment to the Plaintiff? | No | ||||||||||||||||||||
Indemnity Paid by Insurer on behalf of Insured | $0 | ||||||||||||||||||||
Loss Adjust Expense Paid to Defense Counsel | $21,544 | ||||||||||||||||||||
All Other Loss Adjustment Expense Paid | $0 | ||||||||||||||||||||
Injured Person's Total Non-Economic Loss | $0 | ||||||||||||||||||||
Deductible | $0 | ||||||||||||||||||||
Injured Person's Total Economic Loss | |||||||||||||||||||||
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Safety Management Steps Taken by Insured to Make Similar Occurrence Less Likely | |||||||||||||||||||||
n/a |
Updates | |||||||
Date of Change: | 9/27/2018 2:55:16 PM | ||||||
Reason for Change: | ALE update (loss adjusted/counsel) | ||||||
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This page is not displaying certain sensitive information.
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.