In Florida, medical malpractice occurs when a healthcare professional deviates from the recognized "standard of care" in the treatment of a patient. The "standard of care" refers to what a reasonably prudent medical provider would or would not have done under the same or similar circumstances. Essentially, it boils down to whether the provider was negligent in providing care.
For a case to qualify as medical malpractice in Florida, the following elements must typically be present:
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Duty of Care: There must have been a professional relationship between the healthcare provider and the patient, establishing a duty of care owed by the provider to the patient.
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Breach of Standard of Care: The healthcare provider must have violated the standard of care. This means that the care was not what a competent healthcare provider would have provided in similar circumstances.
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Causation: There must be a direct causal link between the healthcare provider's breach of the standard of care and the injury or harm suffered by the patient. The patient must prove that the provider's negligence caused their injury.
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Damages: The patient must have suffered actual harm or damages as a result of the breach. This can include physical injury, financial loss, pain and suffering, and other types of harm.
Florida law also imposes specific procedural requirements on potential medical malpractice claims, such as:
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Pre-suit Investigation: Florida statutes require a pre-suit investigation to be conducted by the claimant, which includes gathering evidence and expert opinions to support the claim of medical negligence.
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Notice of Intent to Initiate Litigation: Before filing a lawsuit, the claimant must notify each prospective defendant of the intent to initiate litigation for medical negligence.
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Statute of Limitations: Florida has a statute of limitations for medical malpractice claims, which is generally two years from the date the injury was discovered or should have been discovered, with a maximum limit of four years from the date of the alleged incident, barring certain exceptions.
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Expert Witness Requirement: In most cases, the claimant must present testimony from a medical expert who can discuss the standard of care, how it was breached, and how that breach led to the patient's injuries.
It's important for individuals who believe they have been the victim of medical malpractice in Florida to consult with a qualified attorney in this area of law. They can provide guidance on the viability of a claim and help navigate the complex legal requirements.
You can reach Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
