When it comes to estimating a dollar amount for the damages a personal injury victim should receive, there are various ways insurance companies and personal injury attorneys calculate this number.
Most injuries that occur due to someone else’s negligence will fall under a general negligence claim. However, if the injuries arise from medical, dental, or surgical diagnoses, treatment, or care then it is a claim for medical malpractice. Medical malpractice claims have different pre-suit notice requirements and statute of limitations than general negligence claims. Due to those requirements and shorten time frame to filing a lawsuit, it is important to determine whether the claim is a medical malpractice claim as quickly as possible.
While some injuries are easily identifiable as a medical malpractice claim, others are not. In a recent case, the Fourth District Court of Appeals held that injuries sustained as a result of a nurse negligently transferring a patient designated a “fall risk” from the hospital bed to the bathroom sounded in medical malpractice. North Broward Hospital District v. Slusher, So. 3d, 44 Fla. L. Weekly D2126 (Fla. 4th DCA August 21, 2019). Since the Plaintiff did not comply with the pre-suit requirements of Florida Statute 766.106, the Court quashed the trial court’s order denying the hospital’s motion to dismiss.
If you were injured a result of a medical professional’s negligence, schedule a free consultation with The Law Firm of Cohen & Cohen today to learn more about your possible claim—whether it is one of general negligence or medical malpractice—and how we can help you.