In Florida, medical malpractice occurs when a doctor or other healthcare provider is negligent in delivering a basic level of care to a patient, and the patient comes to harm or injury as a result. Examples of medical malpractice can include situations where a doctor fails to diagnose or misdiagnoses a patient’s condition, delays necessary treatment, or makes an error in treatment, such as prescribing the wrong medication. When this happens, state law gives patients the right to seek compensation for the losses (damages) resulting from the doctor’s negligence.
How much a patient can collect for their medical malpractice-related losses depends on many factors. One of these is a legal principle called comparative negligence. In states like Florida, comparative negligence can have a big impact on how much a patient can collect for damages in a medical malpractice case.
What is Comparative Negligence?
Comparative negligence, also known as comparative fault, limits the amount of damages a plaintiff (the injured party) can recover based on the percentage of liability they have for their injuries or the severity of their condition. For instance, if a plaintiff suffered $100,000 in damages and it’s determined that they shared 25% of the liability for their injuries, then the maximum amount of damages the plaintiff can be awarded will be $75,000. A judge or jury determines comparative negligence.
While often discussed in the context of personal injury cases involving car accidents, comparative negligence is applied in medical malpractice cases, as well. If the court determines that a patient’s actions or decisions contributed to their injury or worsened their condition, the damages they can recover from a healthcare provider may be reduced accordingly. A court can find a patient partially at fault in situations where a patient fails to follow prescribed treatments, recommendations, or instructions provided by their doctor or healthcare provider.
The Role of Patient Compliance in Medical Malpractice Claims
Patients need to follow their doctor’s advice. Failing to comply with a doctor’s instructions can reduce the effectiveness of treatment, leading to a negative outcome for the patient. It can also impact how much a plaintiff can recover in a medical malpractice claim.
Examples of patient non-compliance that can affect a medical malpractice claim include:
Failure to follow Medication Instructions or Treatment Plans
This can contribute to or exacerbate their condition, increasing their liability in a medical malpractice claim. Consider a patient prescribed antibiotics for a post-operative infection who stops taking the medication prematurely because they feel better, only to have the infection worsen. This not only delays recovery but also complicates the medical condition further. In a medical malpractice claim, the defense could argue that the patient’s failure to complete the prescribed course of antibiotics directly contributed to the complications, potentially reducing the patient’s compensation.
Missing Appointments or Follow-up Visits
This may hinder a doctor’s ability to provide timely and appropriate care, affecting the outcome of a medical malpractice claim. For example, a patient who has undergone knee replacement surgery is advised to attend regular physiotherapy sessions to ensure proper recovery. However, the patient misses several appointments, claiming inconvenience and personal commitments. As a result, the patient’s recovery stalls, and they suffer from reduced mobility. In this scenario, if the patient were to file a medical malpractice claim citing improper recovery, the missed physiotherapy sessions could be used to demonstrate patient non-compliance, affecting the outcome of the claim.
Ignoring or Disregarding Medical Advice
This can include instructions for dietary restrictions, lifestyle modifications, or limitations on physical activity can result in injuries or complications. For example, a patient undergoes a complex dental surgery, such as the placement of dental implants. Post-surgery, the dentist advises the patient to avoid smoking during the recovery period, explaining that smoking can severely hinder the healing process, increase the risk of infection, and lead to implant failure due to its negative impact on blood flow and tissue healing. Despite these warnings, the patient continues to smoke, leading to poor wound healing and implant failure. The defense can argue that the patient’s own actions played a crucial role in the complications encountered, directly affecting the healing process and the ultimate success of the dental surgery.
Evaluating Your Case: Questions to Consider
Not all medical errors meet the legal definition of medical malpractice. If you believe your injuries or worsened condition was caused by an act of medical malpractice, consult with an experienced medical malpractice as early as possible. They can help you evaluate the circumstances of your case to determine if you have a valid medical malpractice claim.
Before you speak with an attorney, consider the following questions:
- Can you establish that there was a doctor-patient relationship?
- Was the standard of care breached? Did the actions of your doctor or healthcare provider deviate from what a reasonable and competent healthcare professional would have done in similar circumstances?
- Did this breach of care directly cause you harm or injury?
- Was the harm or injury you experienced significant enough to warrant pursuing a legal claim? Did you suffer damages (medical expenses, lost wages, pain and suffering, etc.) as a result of your provider’s breach of care?
- Do you have sufficient evidence (medical records, lab reports, second opinions, etc.) to support your claim?
- How long ago did your injury take place? Florida’s statute of limitations laws only gives you two years from the date of your injury or the date you became aware of your injuries in which to file a medical malpractice claim.
Speak to an Experienced Florida Medical Malpractice Attorney About Your Case
If you’ve been harmed or injured due to the negligent actions of a doctor or other healthcare provider or a hospital or clinic, it’s important to take immediate steps to protect your rights to collect compensation for the resulting damages. Lisa Levine is a nationally recognized personal injury attorney with extensive experience in pursuing medical malpractice claims. Lisa’s vast legal expertise and commitment to justice have enabled her clients to recover millions in settlements.
The sooner you seek legal representation, the better your odds of collecting the maximum compensation you deserve. Contact the law offices of Lisa S. Levine P.A. today at (855) 551-8060 to schedule a free initial consultation. Lisa will listen to your story, answer any legal questions, and provide professional advice on the best way to proceed with your case.
Worried about legal fees? Don’t. Lisa handles all medical malpractice cases on a contingency basis. This means there are no upfront charges for her representation; she collects her fee as a percentage of your final settlement.
