Medical Malpractice

Who Pays When A Medical Malpractice Suit Is Brought and Won?

Medical malpractice occurs when one of your medical providers treats you in a way that falls below the accepted standards in the medical community. This behavior can put you or a loved one in danger of suffering a severe injury or even death.

Generally speaking, if your healthcare provider didn’t act in a manner that others with the same or similar training would have, they might be held responsible for your injuries or other losses.

Additionally, a false diagnosis, failure to treat, prescribing drugs in the wrong dosage, and failure to monitor your vital signs, just to name a few, could be considered medical malpractice as well. Your Miami medical malpractice attorney can evaluate your individual circumstances to determine if you can make a case for medical malpractice.

Who Pays a Medical Malpractice Claim in Florida?

If your Miami medical malpractice attorney files a lawsuit on your behalf and wins, your compensation will generally be paid by the medical professional’s medical malpractice insurance company and will not come out of the doctor’s pocket.

Doctors, depending on the type of medicine they practice, may pay thousands of dollars a year for medical malpractice insurance coverage. This money is usually paid by the doctors themselves and not their employers. Hospitals and other medical facilities generally all have some type of medical malpractice insurance.

It’s imperative to note that it is the insurance company, not the doctor, that determines whether or not to accept or reject your settlement offers prepared by you and your attorney.

There are times when your medical professional may be uninsured or underinsured in comparison to the cost of the injuries you have suffered. In this case, the doctor’s personal assets may come into play.

If your medical practitioner has made a mistake that causes you long-term damage and expensive medical costs, their medical malpractice insurance rates are going to increase, often making it difficult for them to keep their practice—even if they aren’t paying your damages out of their own pocket.

Florida Statute of Limitations on a Medical Malpractice Claim

“An action for medical malpractice shall be commenced within two years from the time the incident giving rise to the action occurred or within two years from the time the incident is discovered, or should have been discovered with the exercise of due diligence.” – Florida Statutes section 95.11(4)(b)

The Florida statute also states that in some cases the two-year deadline for filing your medical malpractice claim starts when the injury should have been discovered and not when it happened.

There may be instances when your injuries caused by medical malpractice don’t show up right away. This rule in the statute gives you the ability to start legal action against the party(s) who injured you even if the two-year limitation has expired.

If you believe that you or a loved are a victim of medical malpractice, then it is imperative that you speak with an experienced medical malpractice lawyer in South Florida as soon as possible. No one should have to suffer due to the negligent mistakes of another party, especially not from those who we turn to for help. An experienced professional can you advise on the merits of your case and your legal recourses to ensure that you don’t unjustly suffer the emotional, financial, and health consequences that can result.

At Friedman & Friedman, we know what it takes to take on a medical malpractice case and are ready to fight for you and your family. For more information, give us a call at 305-446-6485 or visit our website.


Tue Jun 11, 5:00pm