Memorandum of Law -- Medical Malpractice Essay


TO: Someone in particular

FR: Patricia Oswalt

DA: Monday, Apr 01, 2013

RE: Martha Smith – auto accident / medical malpractice


Since requested, I use reviewed the important points of the above-captioned file, along with the applicable law and summarized same in this memorandum. Mrs. Mary Johnson suffered an accident to her right ankle in an automobile accident on 10/3/95. After surgery and months of rehabilitation, Mrs. Smith even now suffers daily. I have researched the facts with regards to a personal injury action against Paul Joseph, and a medical negligence action against the medical providers. Applicable Rules

Personal Injury

Statute of Limitation – 4 years from the particular date of the occurrence giving climb to the actions. Fla. Stat. §95. 11(3)(a)

Florida Automobile No-Fault Law – under this law, 80% of reasonable medical expenses increasing from accidental injuries sustained in an auto accident will be covered immediately by the injured parties insurance, no matter who is at fault. Additionally , 60% of any dropped wages happen to be covered, with regards to the individual limits. In order to record suit resistant to the " at fault” rider, it must be demonstrated that Mary suffered serious, sustained long lasting injury or perhaps significant scarring damage or disfigurement.

Medical Neglect

Statute of Limitations – 2 years from your date of the incident providing rise for the action took place or a couple of years from the time the event was or perhaps should have recently been discovered. Yet , no action shall be accepted more than some years after the date of the incident or occurrence giving rise towards the action. Fla. Stat. §95. 11(4)(b)

Specifications of Recovery – The presence of an injury will not create the presumption of medical negligence. It must be displayed, by a variety of data, that there were a breach of the current standard of professional proper care; that the damage was not in the reasonably not far off results with the medical care. Fla. Stat. §766. 102 Comparison Negligence

Fla. Stat. §768. 81 – Florida charte...

Citations: Fla. Stat. §95. 11(3)(a)

Fl Motor Vehicle No-Fault Law, §627. 7407

Fla. Stat. §95. 11(4)(b)

Fla. Stat. §766. 102

Fla. Stat. §768. 81

Florida's Civil Solution Statute, §624. 155(1)(b)

Fla. Stat. §624. 155(8)

Morgan Roofing, Incorporation. v. Prather, 864 So. 2d 64 (2003)

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