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Hospital Negligence Claims Against Public Facilities In Florida

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In Florida, medical malpractice may occur when a health care provider causes injuries to a patient by deviating from the generally accepted standard of care that applies under the circumstances. Another concept of state personal injury laws is vicarious liability, in which an employer can be held accountable for the negligent acts of an employee. Taken together, these two concepts enable an injured patient to seek compensation from a health care facility for misconduct by physicians, nurses, paramedics, and other hospital staff that are deemed as employees.

However, hospital negligence cases are more complicated when the facility receives federal funding. Under these circumstances, the Federal Tort Claims Act (FTCA) applies, and the legal process for recovering compensation is distinct. To avoid putting your rights at risk, it is wise to retain a Florida hospital negligence attorney for assistance. Some background information about pursuing legal action against a public hospital may also be helpful.

Overview of the Federal Tort Claims Act

It is not always clear whether a hospital receives federal funding, but you can find out details on the Bureau of Primary Health Care (BPHC) website operated by the US Department of Health and Human Services (HHS). Pursuing a government agency, including a public health care facility, requires compliance with FTCA requirements. Note the following:

  • You can only seek legal remedies for government hospital negligence if the individual who caused your harm is deemed an employee of the facility.
  • To initiate a claim under FTCA, you must file a Form 95 with the proper agency. In this document, you describe the injuries caused by hospital negligence and the amount you seek as compensation.
  • You must work with the relevant federal agency to resolve your claim before going to court. Officials have the power to settle claims up to $1 million in damages, but additional legal steps are necessary for higher amounts.
  • The statute of limitations under FTCA is two years, so you must file a lawsuit in court before the deadline expires.

Types of Government Hospital Negligence

There are multiple ways a facility might deviate from generally accepted medical principles, and one of the most common leads related to infection. Sepsis occurs when the human body issues an extreme response to fight bacteria and viruses. It is a leading cause of death in hospitals, but it is also a top reason people are readmitted to the hospital. Failure to clean instruments, sanitize catheters and tubes, and maintain proper hygiene are examples of how hospital negligence leads to sepsis.

Medication errors, surgical mistakes, understaffing, improper training of staff, and other acts may also represent a breach of the standard of care.

Discuss Your Options with Our Florida Hospital Negligence Lawyers

This overview sheds some light on the unique complexities when pursuing a public health care facility for hospital negligence, but the details are extremely important in a real-life case. Our team at Freidin Brown, P.A. is prepared for the challenges, so please contact us to learn how we can help with your potential medical malpractice claim. You can call 866-511-3321 or go online to set up a free consultation at our offices in Miami or Fort Myers, FL.

Source:

bphc.hrsa.gov/ftca/index.html

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