Ratings & Reviews
I am a trial attorney who had been practicing law for ten years. Attorneys only hire the best when the things that matter the most in their own lives are threatened with harm. That is why I hired Christopher R. Largey of Largey Law when my ...
I am a trial attorney who had been practicing law for ten years. Attorneys only hire the best when the things that matter the most in their own lives are threatened with harm. That is why I hired Christopher R. Largey of Largey Law when my family, children, and career were maliciously attacked and deceitfully threatened. Mr. Largey is respected by our judges, other attorneys, and the community at large, and as a result he is routinely hired by lawyers who need to be represented fully. He never backs down, he is never pushed, and he is compassionate. He absolutely understood the gravity of the family dynamic that he had to protect in my case. Whenever a lie was told, he would immediately and aggressively confront it head-on, exposing the same. His skillful use of courtroom practice and his knowledge of the evidence code brought the truth to light. The result was a resounding legal victory that protected my children, as well as the complete vindication of my character and my career. Though Chris is not even a family law lawyer, I knew he was the right attorney for this challenge. He stood there for me, and I will never regret hiring him for as long as I live.
Following my car accident I was referred by a friend to Largey Law Firm. Chris Largey agreed to take my case. He and Rosie along with his staff were very reassuring that they would take care if all my legal issues dealing with the insuran...
Following my car accident I was referred by a friend to Largey Law Firm. Chris Largey agreed to take my case. He and Rosie along with his staff were very reassuring that they would take care if all my legal issues dealing with the insurance companies. He was not only concerned about my case but also about my physical condition. Chris referred me to health care workers that were a great asset to my healing process. Chris handled everything for me which allowed me to concentrate on healing. I would highly recommend the Largey Law Firm to anyone who needs someone to get justice for them.
As a family law attorney, I had the opportunity to work with Chris in a case involving an injunction that was part of a family law matter that I was involved in. I wholeheartedly recommend him as a criminal law attorney. In my opinion, he ...
As a family law attorney, I had the opportunity to work with Chris in a case involving an injunction that was part of a family law matter that I was involved in. I wholeheartedly recommend him as a criminal law attorney. In my opinion, he is one of the best I have ever had the pleasure of working with!
Informative friendly and helpful professional. Passionate and caring for the right of the person represented.
Ordinary or Medical Negligence? Florida Supreme Court Provides Clarity
- posted: Jul. 30, 2019
The difference between ordinary negligence and medical negligence is important in Florida. It determines how long you have to file a claim and what you must allege to make out a case. Moreover, it affects the type and quantity of evidence and testimony needed to prove liability and damages.
Ordinary negligence is simply a person’s failure to exercise reasonable care under the circumstances. It can arise from any human activity and normally does not require special proofs. An example is a slip or trip and fall due to a hazardous condition created or left unrectified by someone responsible.
Medical negligence, also known as medical malpractice, has been defined by the Florida Legislature as a health provider’s rendering or failing to render medical care or services in breach of the prevailing professional standard of care.
Florida courts sometimes have disagreed about where to draw the line. Claims against health care providers may be couched as ordinary negligence claims in attempts to avoid the heightened requirements for medical negligence cases, which include extensive pre-suit investigation, medical expert testimony and proof of failure to meet the professional standard of care.
The state’s highest court gave welcome clarification last year in National Deaf Academy, LLC v. Townes. A nurse at a residential treatment facility used “therapeutic aggression control techniques” (TACT) to restrain an unruly bipolar patient, causing her to fall and suffer an injury that resulted in amputation of a leg. The plaintiffs claimed the nurse committed ordinary negligence and the state Supreme Court agreed. Although a psychiatrist included TACT in this patient’s treatment plan, staff members with no medical training were authorized to decide whether to use TACT and could carry it out themselves. Therefore, the claim did not “arise out of an action or inaction directly related to medical care or services, which require the use of professional judgment or skill.”
The requirements for bringing a medical negligence case in Florida are formidable. Before filing, the plaintiff’s attorney must conduct an investigation of the claim to ascertain there are reasonable grounds. A corroborating opinion by a qualified medical expert must be obtained. And each defendant must be given 90 days’ advance notice of intent to initiate suit.
Medical negligence cases are subject to a shorter statute of limitations. While a personal injury case based on ordinary negligence can be filed up to four years after an accident, a medical negligence case must be initiated within two years of the date the patient knew or reasonably should have known that the injury occurred. There is also an absolute four-year deadline for bringing suit.
If you suspect you have been injured by the negligence of a health care provider or of another person or entity, consult with a Florida medical malpractice lawyer. For a free consultation with Largey Law Firm at any of our offices in Clermont, Tavares and Inverness, call us at 352-253-0456 or contact us online.