Medical malpractice claims in Florida are treated differently than general negligence claims. For one, plaintiffs in Florida medical malpractice cases have to follow certain procedural requirements before filing a lawsuit. Another difference is that the statute of limitations for medical malpractice claims is two years, compared to four years for general negligence claims. Whether a claim falls under the definition of “medical malpractice” is not always clear, as a recent Florida Supreme Court case illustrates.
In Florida, medical malpractice is defined under Florida Statute § 766.106(1)(a) as a “claim, arising out of the rendering of, or the failure to render, medical care or services.” Florida courts have decided that to be considered a medical malpractice claim, the negligent act had to “ar[ise] out of medical . . . diagnosis, treatment, or care,” and the diagnosis, treatment, or care had to be “rendered by a provider of health care.”
Florida Supreme Court Defines Medical Malpractice in Lawsuit Against National Deaf Academy
The Florida Supreme Court recently decided a case that considered the definition of a medical malpractice claim. In that case, a woman brought a claim against the National Deaf Academy after she was injured as a resident there. One day, while she was residing at the treatment facility, she threw rocks at the staff and the building and pulled on the building’s cables and wires in an attempt to remove them. A nurse attempted to restrain the resident, and both of them fell, causing the resident to injure her leg.