In the 1980s, medical malpractice insurance premiums became really expensive because of the high costs of medical care and big jury verdicts. To fix this, lawmakers in Florida passed a law that requires a presuit investigation process and arbitration for all medical malpractice claims. This means that people with claims have to do an informal investigation before filing a lawsuit. This helps reduce uncertainty and risk for both the people making the claims and the doctors being sued. The presuit process in Florida for medical malpractice claims involves a 90-day period of investigation and discovery. This process is meant to encourage both parties to conduct a thorough investigation and try to reach a settlement before going to court. Claims for medical malpractice must go through this process before a lawsuit can be filed. The claimant must send a notice of intent to each potential defendant, along with a medical opinion from an expert stating that the defendant’s care fell below the standard and caused harm. The defendants are also required to investigate the claim and may benefit from getting an outside medical opinion. This process aims to prevent frivolous claims from going to court and to encourage a fair and thorough evaluation of medical malpractice claims. At the end of the presuit process, the defendant has four options: reject the claim, offer a settlement, admit liability and go to arbitration for damages, or do nothing (which is considered a rejection). If the claim is rejected, the defendant must provide a written opinion from a medical expert. If they choose arbitration, an administrative law judge will be appointed as the chief arbitrator. The arbitration process involves admitting liability and deciding only on damages. The decision made by the arbitration panel is binding. The process is governed by specific rules and must be followed carefully. The parties involved must submit their arbitrator nominees and propose dates for the hearing. Once everything is in place, the chief arbitrator will schedule the arbitration hearing. In a civil case, both sides can ask for information from the other side, but they have to do it within a certain time frame. If they can’t agree on something, they can ask the judge to force the other side to do what they’re supposed to do. They have to talk to each other first and try to work it out before they ask the judge for help. If they need a quick decision or if they have to argue in front of the judge, they can ask for a special hearing, either in person or over the phone. They also have to tell the judge if the other side has any problem with their request. This process helps to narrow down the issues that the judge will have to decide in the case. Rule 60Q-3.022 says that before a hearing, both sides have to agree on certain things and write them down. This includes what each side thinks, what evidence they will use, who their witnesses are, and what the important facts and legal issues are. They have to do this at least 15 days before the hearing. In most medical malpractice arbitration cases, the parties settle before the hearing. If there is no settlement, the hearing will happen as planned. The arbitrators decide on the facts and give a final decision. The main arbitrator makes decisions about evidence. The person suing (claimant) has to prove they deserve compensation and show how much. Only relevant evidence is allowed, and witnesses swear to tell the truth. Experts explain the claimant’s injuries and costs, and the claimant and family can talk about how the injury affects their lives. The person being sued (defendant) will also have experts to give their side. The defendant usually doesn’t speak at the hearing. Everyone should remember that even though the arbitrators are experts, the main arbitrator might not know much about medical malpractice. After all parties present their cases in arbitration, the panel will discuss the evidence and make a decision. The decision will be announced after the evidence is presented, unless the panel unanimously decides to delay the decision. If a party wants a specific finding of fact or conclusion of law to be included in the decision, they can ask for it. An arbitrator who disagrees with the majority decision can also include a dissenting statement in the decision. The decision is final and can only be appealed in a specific court.
In arbitration, the person making the claim can be awarded both economic and noneconomic damages, but there is a limit on the noneconomic damages. The defendant’s fault is already established in arbitration, so the panel only decides on the damages. Economic damages cover medical expenses and wage loss, while noneconomic damages are capped at $250,000 per incident. This cap encourages arbitration of medical negligence claims. The cap applies individually to each person making a claim, not to each defendant. The court case of Estrada v. Mercy Hospital dealt with determining damages for a medical malpractice case. The hospital argued that damages should only be based on the patient’s projected lifespan after the injury, but the court ruled in favor of the patient, stating that damages should be based on the patient’s pre-injury lifespan. There have also been constitutional challenges to the laws regarding medical malpractice cases, with some courts arguing that they could restrict a plaintiff’s right to access to the courts. In Florida, there are special rules for medical malpractice cases called Ch. 766. These rules include a way to resolve disputes called arbitration. Some people like arbitration because there is no jury and it can be faster and cheaper. Doctors and hospitals also like it because there’s a limit on how much money they have to pay. But some people don’t like arbitration because they can’t go to court and there are strict rules about appealing the decision. Overall, lawyers should consider the benefits and drawbacks of arbitration for their clients in a medical malpractice case. This article talks about medical malpractice claims in Florida. The laws for these claims are found in Chapter 766 of the Florida Statutes. There are specific procedures and requirements for filing a medical malpractice claim, and not all claims against a healthcare provider are covered under these laws. There are also rules for arbitration and allocating responsibility among multiple defendants. It’s important to follow these rules and procedures if you have a medical malpractice claim in Florida. In medical malpractice cases in Florida, if there are multiple plaintiffs or defendants, they have to agree on an arbitrator. If they can’t agree, they each choose a nominee and the director of the Division of Administrative Hearings picks one from those nominees. Before the arbitration hearing, the parties must try to resolve the issue on their own. In a specific case, a woman sued a hospital and a doctor for not catching her cancer earlier, and they admitted they were at fault. The case went to arbitration and the woman was awarded compensation.
Source: https://www.floridabar.org/the-florida-bar-journal/medical-negligence-arbitration-proceedings-before-floridas-division-of-administrative-hearings/
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