Introduction
After carefully examining the case details and thoroughly reviewing the relevant legislation, I have prepared a memorandum summarizing my findings. It should be noted that Mrs. Mary Smith experienced an injury to her right ankle due to a car accident on 10/3/95. Despite having surgery and undergoing several months of rehabilitation, Mrs. Smith still experiences daily pain. Extensive research has been conducted regarding the possibility of pursuing both a personal injury lawsuit against Paul Joseph and a medical malpractice lawsuit against the healthcare providers involved in this case. The applicable laws are outlined below:
The Personal Injury Statute of Limitation in Florida is set at 4 years from the date of the incident that caused the action (Fla. Stat. §95.11(3)(a)).
According to the Florida Motor Vehicle No-Fault Law, an injured party’s insurance automatically takes care of 80% of reasonable medical expenses resulting from injuries sustained in a car accident, regardless of fault. Additionally, it covers 60% of lost wages within individual limits. However, if one wants to file a lawsuit against the driver deemed responsible for the accident, it is required to demonstrate that Mary suffered serious and enduring permanent injury or significant scarring or disfigurement.
Medical Negligence
The time limit for filing a legal action for an incident or injury is 2 years from the date of the incident or discovery. However, as stated in the Statute of Limitations (Fla. Stat. §95.11(4)(b)), no action can be accepted after 4 years from the occurrence of the incident.
To recover damages, it is necessary to prove by a preponderance of evidence that there was a breach in the prevailing standard of professional care if one has sustained an injury. Moreover, it must be established that the injury was not a reasonably foreseeable outcome of the medical care provided.
According to Florida Statute §766.102 Comparative Negligence and Florida Statute §768.81, both the medical provider and the at-fault driver may be held responsible for damages under comparative negligence laws in Florida. In this specific case, Mrs. Smith’s injuries are primarily attributed to the accident but acknowledge that the medical providers also played a role by failing to meet their duty. Their negligence exacerbated Mrs. Smith’s injury, resulting in permanent disability and disfigurement. The potential defendants in this lawsuit include Paul Joseph, the other driver involved in the accident. It is important to note that lawsuits in Florida are restricted by the no-fault law, which only allows claims for serious bodily injury, permanent disability, or disfigurement.
The definition of great bodily injury is unclear according to the statutes. However, it is unlikely that Paul Joseph would be accused in this case as Mary’s PIP insurance would be responsible. According to Florida’s Civil Remedy Statute, §624.155(1)(b), Mary’s insurance company is obligated to act in her best interests. If they fail to settle for a reasonable amount in what is considered “bad faith”, Mary has the right to sue for an amount that can reasonably be foreseen as a consequence of a specific violation mentioned in this section by the authorized insurer. This lawsuit could result in an award or judgment exceeding the policy limits (Fla. Stat. §624.155(8)).
According to the statute, punitive damages cannot be awarded unless specific criteria are met. These criteria involve (a) intentional and harmful acts, (b) careless disregard for insured rights, or (c) careless disregard for beneficiary rights in a life insurance contract. In Dr. Patrick’s situation as a surgeon, if it can be proven that his choice to delay Mrs. Smith’s surgery for 9 days was the direct cause of harm to her…
Smith’s initial injury may lead to a lasting disability, which could make him eligible for both economic and non-economic damages. These damages would cover compensation for pain and suffering. To determine the best course of action, further consultation is needed to evaluate whether pursuing a claim of comparative negligence is advisable. In this situation, the car accident would be deemed as the direct cause, whereas the doctor’s negligence would be considered an intervening cause. Alternatively, if fault allocation is uncertain, opting to file a joint claim might be chosen instead. Our analysis takes into consideration the relevant case (Morgan Roofing, Inc. v. Prather, 864 So. 2d 64 (2003)).
Settlement Points
- Mrs. Smith would not have suffered injury requiring medical attention had it not been for Paul Joseph’s negligent driving.
- Florida’s No-Fault statute provides that her insurance should cover 80% of her past and future medical costs and 60% of her property damage costs.
- The delay in treatment by Dr. Patrick increased the likelihood of infection, and complications, of which she suffered both.
- Mary suffered prolonged intense pain and mental anguish prior to her surgery.
- Mary suffered additional pain and mental anguish for months after the surgery while attending extremely difficult physical rehab. Additionally, she received no help dealing with the emotional aspects of her situation.
- Up until the accident, Mary was healthy, physically active, happy and independent woman who held a part time job, which provided her substantial income and spiritual satisfaction.
- Additionally, Mary participated in water aerobics twice a week and enjoyed bingo twice a week with her friends.
- Mary can no longer work, as she has trouble driving due to pain and weakness in her right ankle. She longer attends water aerobics or bingo, unless her friends can drive her there and back.
- Mary is no longer independent in her own home, and her children have had to drastically alter their lives to assist Mary in daily activities. Mary lives in fear of falling, now that she continuously suffers pain and weakness in her right ankle.
- Mary’s current medical bills are $28,729. 47 and she will likely need future home health care as her condition deteriorates more quickly than if she had not suffered the injury.
Conclusion
According to the No-Fault statute in Florida, Mary can sue her insurance company to receive compensation for her present and future medical expenses as well as property damage. Mary’s claim is within the time limits of 4 years for the motor vehicle accident and 2 years for medical negligence.
It seems that Dr. Patrick may be liable to Mary for medical negligence as he failed to provide the required minimum standard of care. However, additional information from our medical consultant is needed to assess if comparative fault can be established. If it is not possible to apportion fault, Mary can consider filing a joint lawsuit against both defendants.
