Florida Medical and Hospital Negligence Attorney
When you are admitted to a hospital, you expect and are entitled to a certain level of care. When a hospital fails to adequately evaluate qualifications of employees, ensure the professional has the proper degrees or fails to ensure they are not otherwise incompetent, they may be held liable for patient injuries or fatalities.
When a hospital staff fails to make a proper diagnosis, refuses treatment or ignores a patient’s complaints, they may also be guilty of medical malpractice and the hospital may be liable for these actions, or inaction. Other reasons a hospital may be facing a malpractice suit include:
- Failure to order tests – when a physician fails to order diagnostic tests that could have confirmed a diagnosis they could be liable. Proper testing would allow the patient to be treated appropriately and if they became ill as a result of this failure the hospital may be held liable.
- Medication administration – when the wrong type or amount of a drug is administered or a patient gets the wrong anesthesia and suffers a long-term illness or injury as a result, the hospital may be liable.
- Surgical errors – when a patient has the wrong surgical procedure or the patient was harmed in some way because of surgical error the hospital may be held liable for their scarring, injuries and pain and suffering.
Hospital liability in Florida
Medical professionals who are negligent including nurses and technicians must exercise a duty of care to all patients. Sometimes hospitals may have what is known as “vicarious liability” which can be applied when a physician or other medical professional acts as an independent contractor.
For example, a doctor who has her own practice but has privileges at the hospital may not be an employee of the hospital. If they are later found to be under-qualified or misrepresented themselves as an employee, the hospital may be held liable in some cases.
Florida medical malpractice laws
Florida has some of the most complex laws regarding malpractice of any kind and limits non-economic damages such as pain and suffering. Some of the limits include:
- General Limits – defendants cannot be held liable for economic damages in excess of $500,000 and non-economic damages cannot exceed $1,000,000.
- Death/vegetative state – the caps on wrongful death were overturned as unconstitutional in March of 2014 when the Florida Supreme Court found in favor of the family of a victim.
- Catastrophic injury – in total, victims may be awarded up to $1,000,000 in non-economic damages.
- Emergency care – the cap on damages will not be higher than $150,000 and non-economic damages will not exceed $300,000.
These are only some of the limits that are imposed on losses after hospital malpractice. Victims need to hire an attorney who understands the complex laws involving hospital malpractice and someone with a proven track record of getting the maximum awards for their clients.
Contact a Florida Hospital Negligence Attorney
If you suffered an injury, were the victim of negligence or lost a loved one because of malpractice, contact the personal injury lawyers at The Law Offices of Paul K. Schrier, PLLC. We have more than 65 years of experience helping those in Florida who have been injured as a result of medical negligence and malpractice and we will represent you in a manner that will secure the largest possible settlement.