Four Elements in a Medical Malpractice Claim in Florida
Though every U.S. state has enacted laws covering medical malpractice claims and the legal process, there are subtle differences among the jurisdictions. Florida’s malpractice laws can be quite nuanced and complex. Negligence has a precise definition in the practice of law and a very specific application in medical malpractice cases.
When trying to recover compensation, you must establish the essential elements of your claim. Evidence is crucial, so it is important to find a Florida medical malpractice attorney to help you with your case.
Duty of Care and Medical Malpractice
A medical malpractice claim depends upon the existence of a doctor-patient relationship, or a nurse-patient relationship, at which point the duty of a healthcare provider attaches. A physician is required to provide care in a similar fashion to what another practitioner with the same level of skills and training would offer under the same or similar circumstances.
This element is usually the easiest to prove since anyone who performs medical services has a duty of care to you. This includes nurses, technicians, hospitals, medical assistants, and other healthcare professionals.
Medical Malpractice Requires a Breach of the Standard of Care
This second element is often the most difficult to prove because we must review what your provider did and how their actions compare to a hypothetical physician.
You need evidence showing how your doctor deviated from what another reasonably careful practitioner would have done. Your personal injury lawyer will retain a top medical expert in the same specialty to give testimony on the standard of care and how your healthcare provider may have strayed from what other reasonably careful healthcare providers would have done. These experts will rely on your medical records, scientific studies, and their training and experience to give these opinions.
A Failure to Follow the Standard of Care Caused Your Harm
The third element requires you to prove that the healthcare provider’s negligent acts were the direct cause of your injuries, such that you would not have suffered harm but for their negligence.
Doctors often defend medical malpractice claims on this basis by saying that there were other intervening causes and contributing factors or that the injury would have occurred regardless of whether you received appropriate care.
Causation is an especially challenging element in misdiagnosis cases. For example, in cancer misdiagnosis cases, defendants often argue that the patient would have had the same treatment and outcome even if the cancer was diagnosed in a timely manner.
Proof of Harm and Damages in a Medical Malpractice Case
Not all medical errors or forms of negligence actually manifest in injuries to the patient. If you did not suffer harm, there are no losses for which you should be compensated.
The definition of harm is rather expansive and encompasses a wide range of physical, mental, and emotional implications. We will hire life care planners to determine future medical needs and an economist to determine lost past and future wages and the value of lost services to loved ones.
Florida’s Medical Malpractice Rules Are Complex
Under Florida’s medical malpractice statute, a patient who suffered harm has the burden of proving that a healthcare provider was negligent in delivering treatment. The law requires proof by the “greater weight of the evidence,” which generally means that plaintiffs have to prove their allegations “more likely than not.”
The complexity of Florida’s medical malpractice laws means that these cases are not simple and are very costly to pursue. Having a general personal injury attorney manage a malpractice claim can have many pitfalls, and they will likely miss out on the money you need to address your harm. Our malpractice attorneys are more than capable of handling these claims and seeking a settlement or verdict that meets your needs.
Hospitals, insurance companies, and medical providers are typically going to fight hard against any allegations of malpractice to avoid offering a fair settlement. These companies rely on victims’ ignorance of Florida law and the true value of their claim—they may try to intimidate people into accepting an inadequate offer since they do not have experienced medical malpractice representation.
What Qualifies as Medical Malpractice in Florida?
Medical malpractice can cover many injuries and actions, which include but are not limited to:
Birth Injuries
Medical negligence before, during, or after birth can create dangerous and life-long conditions for mothers and children.
For example, children can develop conditions like cerebral palsy, Erb’s palsy, and brachial plexus injuries because of a provider’s negligence. These injuries can be malpractice if the provider did not detect or treat fetal distress, monitor the mother’s health for any risk factors, or use delivery tools properly. If children become blind due to conditions like retinopathy of prematurity or suffer the complications of hypoxic-ischemic encephalopathy, we may be able to hold a provider liable for malpractice.
Providers should also make sure they are monitoring the health of the pregnant parent to prevent or address issues that can hurt the mother or the child. Preeclampsia is one such risk that can jeopardize a pregnant patient’s health and the health of the child. This condition can cause organ damage, cardiovascular disease, increase the risks of preterm birth, and other serious issues. When healthcare providers miss, misdiagnose, or ignore signs of maternal health issues, they could be liable for this harm.
Misdiagnosis, Delayed Diagnosis, or Failure to Diagnose
We rely on doctors and other healthcare professionals to help us uncover and address health issues. However, when these professionals do not give patients accurate or timely diagnoses, patients can suffer the consequences. Misdiagnosis of conditions, delayed diagnoses, or outright failures to diagnose any problem could indicate malpractice.
Perhaps the doctor never ordered tests, or the radiologist never read your images or misread them—whatever actions these and other providers took or failed to take have now left you with immense economic and non-economic losses.
Medication Errors
Medication is an essential part of healthcare, but negligence involving medication can harm and kill patients. Here are some medication errors that can indicate negligence on the part of a doctor, nurse, pharmacist, or other provider:
- You received the wrong medication or the wrong dosage.
- You were given incorrect or unclear instructions for taking the medicine.
- Your provider missed or ignored the contraindication risks of a medicine.
- You were given unnecessary medication because of a misdiagnosis or other provider error.
Do not wait too long to take action if you suspect medical malpractice. Malpractice claims are subject to a statute of limitations, and you could risk your right to seek damages if you wait too long.
A Florida Medical Malpractice Lawyer Helps Determine Provider Negligence
Proving each of these elements requires solid evidence, so trust our team at Freidin Brown, P.A. to investigate your case thoroughly. We take advantage of all forms of proof to ensure you receive fair compensation for your medical costs, lost wages, and pain and suffering.
Please contact our office today to get started. Our Florida medical malpractice attorneys have spent decades helping victims, and we’re ready to fight for you now.
