In Florida, people who believe a doctor or hospital made an error that led to injury, illness or death will want to hold them accountable. That generally involves filing a medical malpractice lawsuit. However, for many people who believe they or a loved one was harmed by medical negligence, there were legal roadblocks preventing them from filing a claim.
Earlier this year, a medical malpractice bill was advanced that would let people file a claim and make a financial recovery if they lost a loved one. It was vetoed by Gov. Ron DeSantis. However, the Florida House of Representatives is trying to push forward a similar bill.
Those who are in this situation and were previously unable to file a claim should be aware of the potential changes on the horizon if the law does eventually pass. Even if they do not think they have a claim, they should discuss the case with qualified professionals to make sure.
What the new law says
In the Sunshine State, the current law does not allow parents of those 25 and older to receive compensation for pain and suffering if there was a fatality stemming from a medical error. The same is true for those 25 and older who are trying to receive damages if a parent died because of medical malpractice. This has been referred to as the “free kill” law. It went into effect 35 years ago and was meant to keep malpractice insurance costs from exploding.
According to the governor, the proposals set no limits on what can be awarded in these cases. So, a jury could make a massive award if they chose to do so. Still, the new attempt at passing the law would not have limits on the awards.
A state senator wanted to amend the law to put a million-dollar cap on the payments, but it was rejected. Naturally, medical professionals are against the new law as it would again raise their medical practice insurance premiums.
Know your rights
Filing a medical malpractice lawsuit goes beyond a person simply believing they or a loved one was harmed by a medical mistake. There are also rules that must be considered before moving forward with a claim.
Even if a person does not fall into the category that would be impacted by the proposed new law, there are other factors like a statute of limitations, having the proper evidence, and recognizing when a mistake was made. For help with a medical malpractice claim, having qualified and experienced assistance is paramount.