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Questions and Answers
In Florida, a plaintiff can recover damages in a non-medical action if they are found to be more than 50% at fault.
In Florida, a plaintiff can recover damages in a non-medical action if they are found to be more than 50% at fault.
False (B)
Florida applies the modified comparative negligence doctrine to medical negligence cases, allowing plaintiffs to recover regardless of their percentage of fault.
Florida applies the modified comparative negligence doctrine to medical negligence cases, allowing plaintiffs to recover regardless of their percentage of fault.
True (A)
Under Florida's Good Samaritan law, healthcare professionals are liable for civil damages if their actions at the scene of an accident are deemed to show a reckless disregard for another's life.
Under Florida's Good Samaritan law, healthcare professionals are liable for civil damages if their actions at the scene of an accident are deemed to show a reckless disregard for another's life.
True (A)
A medical malpractice suit in Florida does not require a pre-suit expert opinion.
A medical malpractice suit in Florida does not require a pre-suit expert opinion.
Clients in Florida can waive their right to obtain a lawyer of their choice without any formal requirements.
Clients in Florida can waive their right to obtain a lawyer of their choice without any formal requirements.
In Florida, attorneys' contingency fee compensation must adhere to guidelines set by the Florida Bar.
In Florida, attorneys' contingency fee compensation must adhere to guidelines set by the Florida Bar.
Florida allows attorneys from different firms to split a fee, provided certain conditions are met.
Florida allows attorneys from different firms to split a fee, provided certain conditions are met.
In Florida, when splitting contingency fees, the fee must be shared equally between lawyers, regardless of the services performed.
In Florida, when splitting contingency fees, the fee must be shared equally between lawyers, regardless of the services performed.
Under Florida's no-fault insurance laws, an accident victim's own auto insurance will pay the first $10K of out-of-pocket expenses.
Under Florida's no-fault insurance laws, an accident victim's own auto insurance will pay the first $10K of out-of-pocket expenses.
A breach of a traffic violation in Florida does not serve as prima facie evidence of negligence.
A breach of a traffic violation in Florida does not serve as prima facie evidence of negligence.
To prove causation, the plaintiff must show that the defendant's actions were the factual and proximate cause of their injury.
To prove causation, the plaintiff must show that the defendant's actions were the factual and proximate cause of their injury.
Joint and several liability is available in Florida.
Joint and several liability is available in Florida.
For doctors, the level of care required is based on what a reasonable person would do in similar circumstances.
For doctors, the level of care required is based on what a reasonable person would do in similar circumstances.
A superseding force completely relieves the defendant of liability for the plaintiff's injury.
A superseding force completely relieves the defendant of liability for the plaintiff's injury.
An intervening cause occurs before the defendant's negligent act.
An intervening cause occurs before the defendant's negligent act.
Compensatory damages include both economic and non-economic damages such as lost wages and pain and suffering.
Compensatory damages include both economic and non-economic damages such as lost wages and pain and suffering.
Flashcards
PIP Coverage (Florida)
PIP Coverage (Florida)
Florida's no-fault insurance paying the first $10,000 of accident victim's out-of-pocket expenses.
Negligence (Florida)
Negligence (Florida)
To prove negligence, plaintiffs need to show duty, breach, causation, and damages from a defendant's action.
Duty of Care (General)
Duty of Care (General)
Obligation to act reasonably to avoid foreseeable harm to others.
Proximate Cause
Proximate Cause
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Intervening Cause
Intervening Cause
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Superseding Cause
Superseding Cause
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Joint and Several Liability (Florida)
Joint and Several Liability (Florida)
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Compensatory Damages
Compensatory Damages
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Florida's Comparative Negligence
Florida's Comparative Negligence
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Medical Negligence in Florida
Medical Negligence in Florida
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Florida's Good Samaritan Law
Florida's Good Samaritan Law
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Medical Malpractice Suit Requirement
Medical Malpractice Suit Requirement
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Client Waiver of Lawyer Choice
Client Waiver of Lawyer Choice
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Contingency Fee Limits
Contingency Fee Limits
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Attorney Association for Competency
Attorney Association for Competency
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Splitting Contingency Fees
Splitting Contingency Fees
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Study Notes
PIP Coverage
- Under Florida's no-fault insurance laws (PIP), the first $10,000 of out-of-pocket expenses are covered by the accident victim's own auto insurance.
- More significant damages may be recovered by suing the responsible party.
Negligence
- To win a negligence case, the plaintiff must prove duty, breach, causation, and damages.
- Duty to all foreseeable people endangered by the defendant's actions.
- Assessed by a reasonably prudent person's actions in similar circumstances.
- Duty to medical professionals:
- Care, skill, and treatment acceptable to prudent healthcare providers.
If Traffic Violation
- Violating a traffic law in Florida is prima facie evidence of negligence.
Causation
- Factual Cause: The injury wouldn't have happened "but-for" the defendant's actions.
- Proximate Cause: The injury is a foreseeable result of the defendant's actions.
- Defendant is liable for foreseeable consequences of their actions
Intervening Cause
- An event occurring after the defendant's negligence that combines with it to cause injury.
- If foreseeable, the defendant remains liable.
Superseding Force
- An event that breaks the causal connection between the defendant's actions and the plaintiff's injury.
- Releases the defendant from liability
Joint and Several Liability
- Not available in Florida.
- Relative fault determines liability shares.
Damages - General
- Florida law permits compensation for past and future economic damages (e.g., lost wages, medical expenses), and non-economic damages (pain and suffering).
- Plaintiff's negligence will reduce damages in proportion to fault (modified comparative fault).
- Plaintiffs more than 50% at fault in non-medical cases cannot recover.
Damages - Medical Negligence
- In medical negligence cases, Florida uses modified comparative negligence.
- Plaintiff's award is reduced by their own negligence, but they can still recover.
Good Samaritan Law
- Provides protection from liability for assisting accident victims in good faith.
- Applies to healthcare professionals, and excludes reckless disregard for another's health or life.
Medical Malpractice
- Requires pre-suit expert opinion and 90-day notice.
Waiving Lawyer of Client's Choice
- Client can waive their right to choose their lawyer, but the waiver must be written, under oath, and fully explained.
Contingency Fees
- Fee agreements must follow Florida Bar guidelines.
Association
- Attorneys can associate to handle cases, sharing liability for the client's representation.
Splitting Contingency Fees
- Permitted, provided agreement is reasonable and transparent.
- Methods exist for sharing fees proportionally based on lawyer contributions.
- Required written agreement discloses how the fee will be split.
- Client must receive Statement of Client's Rights before signing the agreement.
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