TO: John Doe
FR: Patricia Oswalt
DA: Monday, April 01, 2013
RE: Mary Smith – auto accident / medical malpractice
As requested, I have reviewed the facts of the above-captioned file, along with the applicable law and summarized same in this memorandum. Mrs. Mary Smith suffered an injury to her right ankle in an automobile accident on 10/3/95. After surgery and months of rehabilitation, Mrs. Smith still suffers daily. I have researched the facts regarding a personal injury action against Paul Joseph, as well as a medical malpractice action against the medical providers. Applicable Law
Statute of Limitation – 4 years from the date of the incident giving rise to the action. Fla. Stat. §95.11(3)(a)
Florida Motor Vehicle No-Fault Law – under this law, 80% of reasonable medical expenses rising from injuries sustained in an auto accident are covered automatically by the injured parties insurance, no matter who is at fault. Additionally, 60% of any lost wages are covered, depending on the individual limits. In order to file suit against the “at fault” driver, it must be shown that Mary suffered serious, sustained permanent injury or significant scarring or disfigurement.
Statute of Limitations – 2 years from the date of the incident giving rise to the action occurred or 2 years from the date the incident was or should have been discovered. However, no action shall be accepted more than 4 years after the date of the incident or occurrence giving rise to the action. Fla. Stat. §95.11(4)(b)
Standards of Recovery – The existence of an injury does not create the presumption of medical negligence. It must be shown, by a preponderance of evidence, that there was a breach of the prevailing standard of professional care; that the injury was not within the reasonably foreseeable results of the medical care. Fla. Stat. §766.102 Comparative Negligence
Fla. Stat. §768.81 – Florida statutes...