How To Prove A Florida Medical Malpractice Claim

 

 

In Florida, a claim of Medical Malpractice is defined as:

Medical Malpractice occurs when a medical provider fails to act in the way a reasonable medical provider would act under the same circumstances, resulting in harm to the patient.

It simply means:

A medical provider hurts someone by failing to act in a reasonable way.

There are 3 elements of the claim:

• Element 1. There was a duty inherent in the provider-patient relationship between the parties. In a medical malpractice case, the provider-patient relationship means that the healthcare provider has a responsibility to care for the patient properly, ensuring their safety and well-being during treatment.
  

  Facts that might support this element look like:

  * The healthcare provider had a professional obligation to provide care that met the accepted standards of practice in the medical community.
  * The patient relied on the provider’s expertise and judgment for diagnosis and treatment decisions.
  * The provider and patient entered into a formal agreement for medical services, establishing a duty of care.
  * The provider had a history of treating the patient, which reinforced the expectation of ongoing care and responsibility.
  * The provider was aware of the patient’s medical history and specific health needs, creating a duty to act in the patient’s best interest.

• Element 2. The health care provider breached that duty by failing to exercise the prevailing professional standard of care. The health care provider did not meet the expected level of care that other professionals in the same field would typically provide, which is a key factor in proving a medical malpractice claim.
  

  Facts that might support this element look like:

  * The health care provider failed to order necessary diagnostic tests that are routinely performed for patients presenting with similar symptoms.
  * The provider did not refer the patient to a specialist despite clear indications that specialized care was warranted.
  * The treatment plan prescribed by the provider deviated from established clinical guidelines for the patient’s condition.
  * The provider neglected to obtain informed consent by not adequately discussing the risks and benefits of the proposed treatment.
  * The health care provider did not document critical patient information, which is essential for continuity of care and decision-making.

• Element 3. The provider’s breach was the proximate cause of the patient’s injury. The provider’s mistake directly led to the patient’s injury, meaning that if the provider had acted correctly, the patient would not have been harmed.
  

  Facts that might support this element look like:

  * The provider failed to diagnose the patient’s condition, leading to a delay in necessary treatment.
  * The incorrect medication prescribed by the provider resulted in severe adverse reactions for the patient.
  * The provider’s negligence in monitoring the patient’s vital signs allowed a critical condition to worsen.
  * The surgical error made by the provider directly caused the patient’s prolonged recovery and additional complications.
  * The provider’s lack of informed consent deprived the patient of understanding the risks, leading to an avoidable injury.

^{(See Saunders v. Dickens 151 So. 3d 434 (Fla. 2014). Florida Statute 766.102.)}
If you’re in court without a lawyer and plan to assert a Claim of Medical Malpractice, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate the complexities of Medical Malpractice claims effectively.

Prove Your FL Medical Malpractice Claim

U.S. Civil Cases Only