If you, or a loved one, has suffered due to a medical error, you may have grounds for a malpractice suit in Florida. However, it’s essential to understand that laws govern who can bring medical malpractice cases in Florida and how medical malpractice lawyers must prove malpractice medical cases. Read on to learn more about medical negligence and malpractice.
About Medical Malpractice
Medical malpractice is when a mistake made by a medical provider causes harm to a patient. When the error results in death, there may be grounds for a wrongful death lawsuit in addition to, or instead of, a medical malpractice case.
Some examples of medical malpractice include:
* Birth injuries
* Emergency room errors
* Exposure to a disease while in a hospital
* Failure of medical equipment
* Improper administration of anesthesia
* Improper treatment
* Medication errors
* Misdiagnosing or failing to diagnose conditions
* Surgical errors
Required Elements of Medical Malpractice Cases in Florida
Florida mandates that cases of medical malpractice include a specific set of characteristics. Medical malpractice attorneys, or wrongful death attorneys, can help you determine whether you have a wrongful death or medical malpractice claim. However, it’s still a good idea to understand the required elements for a case, which include:
- Medical negligence: A medical malpractice lawyer or wrongful death attorney must prove that the healthcare provider acted in a way that other reasonable professionals in their position would not have.
- Patient injury: A medical malpractice attorney must establish that the negligence of the healthcare professional has caused the patient real harm, such as suffering, constant pain, loss of income, disability, or hardships that will endure for a prolonged period.
- Breach of standard of care: The medical standard is the accepted treatments and necessary precautions that healthcare providers follow to treat various conditions and illnesses. A Florida medical malpractice lawyer must prove that the healthcare professional didn't follow the standard of care.
- Causation: Regarding medical negligence, Florida requires lawyers for medical malpractice to show that the action or inaction of healthcare providers was the direct cause of the patient's injury and that whatever happened would not have occurred otherwise.
Florida’s Malpractice Act
The Malpractice Act that is in place in Florida requires medical negligence lawyers and wrongful death lawyers to do the following to prove a case:
- Submit proof of the malpractice: The attorney must show evidence that the injury occurred, and that the healthcare provider was negligent.
- Get another medical professional to concur: Lawyers for medical negligence must arrange for another medical professional to sign an affidavit or testify in court that the healthcare provider being sued acted outside the usual standard of care.
- Prove causation: As previously mentioned, the attorney must prove that the healthcare provider's actions or inaction caused the injury and rule out any alternate causes as needed.
The best medical malpractice lawyers in Florida understand these requirements and will be prepared to make a strong case in court.
Florida Statute of Limitations
With its statute of limitations, Florida limits how long victims of medical malpractice must file a claim. The claim must be filed for adults and older children within two years of the malpractice event. The lawsuit must be filed for minors under eight before the child’s 8th birthday.
Getting Legal Help for Medical Malpractice: Step-by-Step
If you believe you have a medical malpractice case, consider following these steps:
Retain Evidence of Standard of Care Breach
Keep everything related to the incident, including health insurance claims and paperwork given to you by your medical provider. Make notes about communication dates, appointments, hospitalizations, and procedures, and make a copy of all to give your attorney.
Contact a Medical Malpractice Attorney to Launch Investigation
Once you’ve gathered as much evidence as possible, it’s time to contact a medical malpractice attorney. You can conduct an Internet search for “medical malpractice lawyers near me” or contact us at Steinberg Law for a free consultation.
Submit Medical Records for Independent Review
After you have met with an attorney, you’ll need to submit your medical records so that an independent third party can review them. Your attorney will walk you through the steps you’ll need to take to obtain and release your records.
