Medical Malpractice

Question 1

NOW TESTED UNDER FL CIV PRO

Question 2

Med Mal definition

Answer 2

Negligence against a medical professional

Question 3

Med Mal Standard

Answer 3

Same as MBE
Reasonable person standard

Question 4

Steps to bring a med mal suit

Answer 4

1. Plaintiff has to conduct reasonable investigation to form a good faith belief that med mal occurred
2. Notify the Defendant
3. Defendant has his own investigation
4. 3 things can then happen:
   (a) defendant says you have nothing and gives no offer
   (b) defendant offers to settle
   (c) defendant offers to admit liability but arbitrate damages

then plaintiff may or may not go to court

Question 5

Tolling of Statute of Limitations

Answer 5

Statute of limitations starts when the injury actually occurred

During period of investigation (once you notify the defendant) –> stat. of limitations tolls for 90 days