March 16, 2021

In early February 2021, a Florida medical malpractice jury returned its verdict in the amount of $625,000 against a Florida hospital after a nurse removed a patient’s Foley catheter after only four days following surgery despite the fact that it was supposed to remain in the patient for at least three to four weeks. As a result, the patient sustained a complete urethral transection leading to permanent injuries.

The cancer patient had surgery in 2018 for abdominal perineal resection and repair of his prostatic urethra. The Florida medical malpractice lawsuit was filed in 2019. The patient’s wife proceeded with the survival action after her husband’s unrelated death before trial. The wife sought compensation for her husband’s pain and suffering before his death due to the medical negligence.

The plaintiff’s Florida medical malpractice lawyers stated after the verdict, “A person facing a terminal illness savors every moment of their life, and the discomfort of this permanent catheter and the resulting complications further diminished his quality of life. The catheter took away from those final 19 months, which were the most precious of his life. The hospital admitted their negligence in this case, and we are relieved that the jury saw fit to fairly compensate Mrs. Crouch for her husband’s suffering.”


Two-Year Florida Medical Malpractice Statute Of Limitations

Fla. Stat. §95.11(4)(b) provides:

(b) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. This paragraph shall not apply to actions for which ss. 766.301766.316 provide the exclusive remedy.

If you or a loved one have suffered serious harm as a result of medical negligence in Florida or in another U.S. state, you should promptly find a Florida medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.

Click here to visit our website or call us toll-free in the United States at 800-295-3959 to find medical malpractice attorneys in your U.S. state who may assist you.

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