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Legal Aspects in Health Care of Texas and Florida

Statutes of Limitations

In the healthcare system, a statute of limitation is normally described as the legally recognized timeframe, when a legal proceeding can be initiated after a certain health event has occurred (Mccullough & Lane, 2007, p. 1). For instance, in the case of professional negligence in healthcare, a statute of limitation describes a stipulated time period, where legal proceedings can be instituted against a healthcare institution. The statute of limitation normally varies across many jurisdictions, and in the same regard; it also varies across many areas of healthcare practice (as well as the nature of the legal issue in question) (Mccullough, & Lane , 2007, p. 1). For instance, in certain jurisdictions across America, the statute of limitation does not come into effect, until the consequences of a healthcare action is evidenced. This study identifies the statute of limitation in Florida and Texas.

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Comparison of Texas and Florida Statutes of Limitations

Texas and Florida bear some similarities in the provisions stipulated under their statutes of limitations. For instance, in terms of medical malpractice, both states allow for a two year provision (for legal action can be taken), after medical injury occurs (Statuteoflimitations.net, 2011). Also, in cases resulting in a wrongful death of a person, legal proceedings may be instituted within two years, after the occurrence of death. Finally, in case any fraudulent case is detected within a given healthcare institution, in the two states, there is a four year window for legal action to be taken against the institution.

In as much as there may be certain similarities in the statutes of limitations between Florida and Texas, there are also many differences in the provisions of the statutes of limitations between the two states. For instance, any malpractice detected within a healthcare institution, located in the state of Florida (regarding written contracts), there is a five-year window allowed for a person to institute legal actions against the institution (Statuteoflimitations.net, 2011). This provision is however reduced to four years within the state of Florida. There is also a strong difference in the provisions of statutes of limitations regarding personal injury caused by a healthcare professional within the two states. For instance, under the statute of limitation provisions in Texas, covering the same, there is a two year provision for a person to institute legal proceedings against a healthcare institution, after the injury is detected. In Florida, this provision is increased to four years from the date the injury is realized (Statuteoflimitations.net, 2011).

Caps on Recovery of Damages by Patients

Florida has enacted a cap on the amount of damages a patient can get from any intangible damages in medical practices realized from any medical malpractice. The cap is now registered at between $500,000 and $1,500,000, but such figures are controversial and subject to future changes by the Florida constitutional court (Mcmillen Law Firm, 2010). Texas is more particular about its damage caps and it puts maximum damage caps for non-economic damages at $250,000, and any damages realized from hospitals and other institutions at $500,000 (Mccullough, & Lane, 2007, p. 5). This applies to people seeking damages from personal injury or medical negligence which amounted to death.

Caps on Attorney fees

In terms of Attorney fees, Texas does not outline any maximum provisions for the fess an attorney may get as a result of pursuing a medical case (Mccullough & Lane, 2007, p. 5). The situation is no different for Florida because the state does not have any laws instituted that waivers attorney fees.

References

Mccullough, C. & Lane L. (2007). Texas. Web.

Mcmillen Law Firm. (2010). Are There Caps on Damages? Web.

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Statuteoflimitations.net. (2011). Florida Statute of limitations. Web.

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StudyCorgi. (2022, July 9). Legal Aspects in Health Care of Texas and Florida. Retrieved from https://studycorgi.com/legal-aspects-in-health-care-of-texas-and-florida/

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StudyCorgi. "Legal Aspects in Health Care of Texas and Florida." July 9, 2022. https://studycorgi.com/legal-aspects-in-health-care-of-texas-and-florida/.

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StudyCorgi. 2022. "Legal Aspects in Health Care of Texas and Florida." July 9, 2022. https://studycorgi.com/legal-aspects-in-health-care-of-texas-and-florida/.

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StudyCorgi. (2022) 'Legal Aspects in Health Care of Texas and Florida'. 9 July.

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