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How Is Medical Malpractice Proven in Florida?

On Behalf of Cronin & Maxwell

When you seek out medical attention, you are relying on those doctors and nurses to provide you with safe, appropriate care. In most situations, that is the type of care that you will receive. Unfortunately, there are instances where a medical experience can cause more harm than good. If you or a family member have been harmed or experienced an extreme loss due to medical negligence, you may have a medical malpractice claim. The team at Cronin & Maxwell, PL, can help guide you through the process.

How is medical malpractice proven in Florida?

What Is Medical Malpractice?

Most medical professionals are trustworthy and strive to provide the best possible care for their patients, but mistakes can happen to anyone. Medical malpractice refers to any situation where the actions of a medical professional lead directly to a patient being injured or experiencing some type of loss. There are many different events that could be considered medical malpractice. In some cases, a medical provider makes a mistake that harms their patient, such as an error during surgery or a birth injury. Other instances of medical malpractice occur because a medical professional did not respond in the way others in their situation would have. Whatever the cause, if you have been injured by the actions or inactions of a medical professional, you may have a medical malpractice claim.

How Do You Prove Medical Malpractice in Florida?

Proving a medical malpractice claim can be difficult for several reasons. Medical professionals have a lot on the line if they are accused of medical malpractice, with some even risking their career or licensure if found guilty. Therefore, they may not be forthcoming or may even attempt to delay the claim. Aside from any interpersonal difficulty, the process of proving medical malpractice requires a great deal of evidence in order for the claim to be successful.

When you file a medical malpractice claim in Florida, there are four things that you must prove. Those four things are:

  1. Duty of care. The first thing that must be proven in a medical malpractice claim is that there was a relationship of care established. This means that there must be clear evidence that the medical professional was working with the patient and had a duty to provide them with adequate medical care.
  2. Breach of duty. Once the duty of care has been established, you must prove that the medical professional failed to provide adequate care. This could mean that they made a mistake, such as an error during surgery, or that they did not meet the standard of care that others in their position would have reasonably provided.
  3. Injury or damages. The third step in a medical malpractice claim is to prove that the patient was injured or suffered damages while they were in the provider’s care. Damages do not always have to be physical, although that is also a possibility. If you make a medical malpractice claim, you may be seeking compensation for emotional or financial damages as well.
  4. The injury was caused by medical negligence. This can be the most difficult step in a medical malpractice claim. There must be clear evidence that the patient’s injury was caused by the negligence of the medical provider, whether through a mistake or a failure to act appropriately.

If you can prove each of these things, then your medical malpractice claim is more likely to be successful. Working with an experienced attorney who understands the ways that medical malpractice claims function can also provide you with peace of mind and make the process much easier to manage.

FAQs

Q: How Hard Is It To Prove Medical Malpractice in Florida?

A: It can be difficult to prove a medical malpractice case in Florida for several reasons. First, your medical providers may not be truthful or will try to delay or hinder an investigation. Also, an injury or loss that you experienced, though difficult, may not officially be considered medical malpractice. Finally, it can be difficult to prove a medical malpractice claim because you must prove beyond a shadow of a doubt that the actions of a medical professional caused your injury.

Q: What Qualifies as Medical Malpractice in Florida?

A: Medical malpractice is considered anything that a medical professional does, or fails to do, that leads to an injury or loss for a patient. Medical malpractice could be a medical professional failing to meet the expected standard of care or actively making a mistake. There are many things that may fall under the purview of medical malpractice. Some of the most common types of malpractice are birth injuries, surgical errors, misuse of equipment, missed diagnosis, and wrongful death.

Q: What Elements Must Be Met To Prove Medical Malpractice?

A: There are four primary elements that must be met to prove a medical malpractice claim. First, you must prove that there was an established relationship of care between the patient and the provider. Second, there must be clear evidence that the duty of care was breached. Third, you must prove that the patient experienced some form of damage while they were in the care of the doctor. Finally, you are required to prove that the action, or inaction, of the medical provider directly caused the patient’s injury.

Q: Who Can File a Medical Malpractice Claim in Florida?

A: Most medical malpractice claims are filed by the individual who experienced the injury or damages due to medical negligence. Since that person was most impacted by the injury, they are responsible for filing the claim. There are also circumstances, however, when family or loved ones can file a medical malpractice claim. If the individual who was injured is unable to file the claim, either due to incapacitation or death, then their family is allowed to file a claim on their behalf.

If you have been injured or experienced any type of damages as the result of medical negligence, then you may have a medical malpractice claim. However, navigating a medical malpractice claim can be overwhelming if you are unfamiliar with the legal system. The team of attorneys at Cronin & Maxwell, PL, have been working with medical malpractice cases for decades and have the experience you need. Contact us today and see how we can guide you through your medical malpractice claim.

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