Are Medical Malpractice Cases Difficult To Win In Florida?
Though different studies seem to argue for different specific numbers, it is generally the truth to state that the majority of civil cases in the United States are settled out of court, without making it to trial. As one might then expect, any case that goes to trial must be a good one, with a strong fact pattern that will hopefully convince a jury of the justice of their case. However, in Florida, there are certain factors that do sometimes create further issues for plaintiffs who simply want compensation for the harm they have suffered. If you have been injured by medical malpractice, it is very possible to prevail at trial, but there are factors one should be aware of if your case goes to trial.
Tort Reform Seems Likely
Perhaps the first thing to be aware of is that Florida has undergone a sea change in terms of tort reform, with Gov. Ron DeSantis installing two more conservative judges on the state’s Supreme Court, creating a 6-1 bloc and emphatically giving the unspoken go-ahead to attempts at reforming many of Florida’s laws. This means that many of Florida’s formerly more pro-plaintiff laws will almost certainly face attack, such as the decision abolishing damage caps on personal injury awards. If you succeed at trial, but a cap on damages is pushed through, you would be in line to receive far less than you might have asked for.
Damage caps are limits placed on the amount you can recover in a personal injury lawsuit, ostensibly aimed at preventing frivolous verdicts or bankrupting a doctor or a medical group. However, in reality, it tends to prevent deserving plaintiffs from getting the monetary compensation they are owed. In recent months, a damage cap of $1 million has been suggested in several bills in the state House. Someone who is, for example, injured as a teen but has a long life expectancy, might need care for the rest of his life – $1 million would be a proverbial drop in the bucket.
Complex Pre-Suit Requirements
The other factor in Florida medical malpractice cases that may pose a problem for you and yours is the fact that the state has a series of pre-suit requirements that have to be met before your suit will be accepted. Without completing these steps, your suit will likely be dismissed, and often with prejudice (meaning that it cannot be brought again), leaving you with no options to get your bills paid. Trying to do these things on your own may lead to disaster, but your attorney should be able to advise and assist you with completing them.
There are two major tasks that need to be completed to ensure that your lawsuit will be accepted. The first is to ensure that you obtain an affidavit from a medical professional, stating in their expert opinion that the plaintiff has a valid medical malpractice claim (in other words, verifying that your claim is not frivolous). A copy of this affidavit must be provided to every defendant named in the eventual suit, along with official notice of your intent to file suit. This lets the defendant gather information and formulate arguments.
Contact A Tampa Medical Malpractice Attorney
It can be quite difficult to prove malpractice, but it is not impossible to succeed in your case and get the compensation you deserve. A dedicated Tampa medical malpractice attorney on your side can make a huge difference. The Rinaldo Law Group has experience in this area of law, and can offer the compassionate representation you need to make it through. Call us today for a free consultation.