The term ‘Comparative fault’ is regularly used in personal injury cases and is also seen in medical malpractice cases. The following elements for comparative fault in malpractice cases apply for the state of Florida:
As defined by s.408.07, when a lawsuit is established for damages caused by a teaching school due to a medical negligence causing a personal injury or wrongful death, whether in tort or contract, the court shall enter judgment according to the percentage of fault that the injured party had, and not on the basis of the doctrine of several or joint liability.
The remedy available for the claimant to recover will follow the elements in s.768.28. When a lawsuit is brought for a medical negligence resulting in a wrongful death or personal injury, whether in tort or contract, a percentage of damages pursuant to s.768.81 that is attributed to the board of trustees of a state university will not be judged according to several or joint liability, the court would enter a judgment according to the percentage of fault that the negligent party has.
Locations of Lawyers who specialize in Medical Malpractice
Florida Statutes Index
- Good Samaritan Act
- Speedy Trials for Elderly
- Defenses and Claims in Pre-suit
- Definitions Involved with Pre-suit
- Medical Records in Pre-suit
- Award Payment in Pre-suit
- Medical Malpractice: Pleading Requirements
- Legislative Intent in Pre-Suit
- Health Care Facilities: Their Liability
- Failure to Arbitrate in Pre-suit
- Collateral Sources
- Investigation in Pre-suit
- Court Review in Pre-suit
- Misarbitration in Pre-suit
- Arbitration in Pre-suit
- Arbitration Allocation of Damages in Pre-suit
- Financial Responsibility
- Limitations on Punitive Damages
- Notice for Pre-suit Screening
- Wrongful Death Act in Florida
- Rights of Residents in Nursing Homes
- Sovereign Immunity: Elements Involved