Proving Medical Malpractice in Florida

You believe the doctor or hospital made a mistake and that you or a loved one suffered injuries as a result.  However, not every bad result is due to medical negligence. And not every negligent act is a cause of injury.  There are very strict legal requirements that must be met to be entitled to compensation for the medical negligence.

To prevail on a medical malpractice claim, you must prove each legal element. Regardless of whether you are suing a doctor, specialist, nurse, hospital, lab or another medical professional or entity, the basic elements of a claim for medical negligence are:

• Your medical provider owed you a legal duty of care
• An act or omission by the medical provider did not conform to the accepted standard of care
• The deviation from the accepted standard of care constituted a breach of duty to you
• The breach of duty was a direct and proximate cause of your injuries
• You suffered damages as a result of your injuries

Causation:

Proving that your doctor made a grave error is not enough, nor is proving you are injured. You must also show that the medical provider caused your injuries.   There must be a causal link between the medical provider’s actions (or omissions) and the injuries sustained.

Many times the defense attorney will claim the injuries were not caused by the medical provider-that is, allege that the injuries were pre-existing or caused by something else.It is crucial to show the direct link between the malpractice and the injuries suffered-especially where the malpractice made a pre-existing condition much worse.

Proving the Relevant Standard of Care:

A medical provider is held to an accepted standard of care of a similarly situated professional. For example, an orthopedic surgeon would be expected to act in accordance with the credentials, knowledge and skills generally demanded of orthopedics. However, a family doctor would not be expected to possess the intricate knowledge and skills of an orthopedic specialist, but would be expected to have more general medical knowledge.

We consult with respected specialists about what constitutes an accepted standard of care within the relevant occupation or specialty. In consultation with these experts, we are able to show the standards within the particular profession and how the medical provider did not meet those standards.

How Damages are Calculated:

In order to collect compensation, you must prove the losses you suffered or will suffer in the future. Putting a price tag on your pain, suffering, disabilities, disfigurement and loss of the enjoyment of your life may seem impossible. We recognize that no dollar amount can replace what you truly lost.   However, in collaboration with our experts, we take into account every factor that can be used to maximize your damages.

If you believe you or a loved one may have been injured due to medical malpractice, fill out the contact form below for a free consultation with one of our attorneys.