Florida currently bars medical malpractice lawsuits when the deceased is an unmarried adult.
Essentially, adult children over 25 years can’t sue if their parents are victims of medical malpractice. In addition, parents may not sue for adult children older than 25 years who have lost their lives due to medical mistakes. Legislators are gearing up to overturn what’s called Florida’s “Free Kill” law during the next legislative session.
This fight and others around the issue of medical malpractice in the Sunshine State aren’t new. In fact, medical malpractice lawsuits in Florida have become tougher to win.
In the realm of healthcare, trust is paramount. Patients place their lives in the hands of medical professionals, expecting competent care and ethical treatment. However, what happens when this trust is betrayed, and medical errors occur?
Medical malpractice cases have long been a focal point of concern, and understanding their evolution in Florida is essential for both patients and healthcare providers. Let’s discuss the past, present, and future of medical malpractice in the Sunshine State.
Historically, Florida has been a battleground for medical malpractice cases, known for soaring insurance premiums and contentious legal battles. In the early 2000s, the state experienced a medical malpractice crisis characterized by skyrocketing insurance rates for healthcare providers.
This crisis led to significant reforms in 2003, including caps on non-economic damages in medical malpractice cases. These reforms aimed to stabilize insurance costs and reduce the frequency of lawsuits.
The state continues to place caps on non-economic damages, with varying limits depending on the type of claim and the severity of the injuries. These caps have stirred debates about their impact on patient rights and access to justice. Florida also requires a “pre-suit” process before filing a medical malpractice lawsuit. This process involves notifying the healthcare provider of the claim, obtaining an expert opinion, and engaging in settlement discussions. The goal is to encourage early resolution and reduce the burden on the court system.
If you believe you or a loved one has suffered due to medical malpractice in Florida, seeking legal counsel is crucial. An experienced medical malpractice attorney can guide you through the complexities of the legal process, helping you navigate the pre-suit requirements, assess the merits of your case, advocate for your rights, and help you recover the compensation you deserve. If you have questions about your case, contact Winston Law today at 954-519-4656.