According to Florida law, in order for a claimant to prove medical malpractice, and win a medical malpractice lawsuit, the claimant must establish four key elements: 1) the standard of care owed by the healthcare provider), 2) the defendant breached that standard of care, 3) that the breach was the proximate cause of victim’s injuries and 4) the victim suffered damages:
1. Duty of Care: A claimant must prove there is a duty of care owed by the healthcare provider. This duty is defined as the requirement for a physician or healthcare provider to act within the standard of professional care, which is the level of care, skill, and treatment that is recognized as acceptable and appropriate by similarly situated and reasonably prudent health care providers under similar circumstances:
The standard of professional care is a level of care, skill, and treatment that, in consideration of all surrounding circumstances, is recognized as acceptable and appropriate by similar and reasonably prudent health care providers. Id. In short, it is to provide the care that a reasonably prudent physician would provide. See Pate v. Threlkel, 661 So.2d 278, 280 (Fla.1995). A physician breaches that duty when he or she does not provide the care that a reasonably prudent physician would provide. See § 766.102, Fla. Stat. (2013). Therefore, in a medical malpractice action, the burden is on the plaintiff to establish that the care provided by the physician was not that of a reasonably prudent physician.
See Saunders v. Dickens, 151 So.3d 434). Additionally, see Florida Statute 766.102 (1) which is Florida’s medical negligence statutory law.
2. Breach of Duty: The claimant must demonstrate that there was a breach of this duty. A breach occurs when the care provided by the healthcare provider deviates from the recognized standard of care that a reasonably prudent healthcare provider would have provided under similar circumstances:
Medical malpractice actions often involve a battle of expert witnesses, and each party often presents testimony by experts with respect to what a reasonably prudent physician would have done and the effect that such reasonable care would have had on the patient. It is then the role of the jury to determine how a reasonably prudent physician would have acted. Because the central concern in medical malpractice actions is the reasonably prudent physician standard, the issue of whether a treating physician acted in a reasonably prudent manner must be determined for each individual physician who is a defendant in a medical malpractice action.
See: Saunders v. Dickens – 151 So.3d 434
3. Causation: The claimant must be show that the breach of duty proximately caused the damages claimed. This means proving that the negligence “probably” caused the injury. Florida courts use the “more likely than not” standard of causation, requiring proof that the negligence was more likely than not the cause of the claimant’s injury:
We agree with the majority rule as enunciated in Cooper and hold that a plaintiff in a medical malpractice action must show more than a decreased chance of survival because of a defendant’s conduct. The plaintiff must show that the injury more likely than not resulted from the defendant’s negligence in order to establish a jury question on proximate cause. In other words, the plaintiff must show that what was done or failed to be done probably would have affected the outcome. In the case under review Mrs. Gooding failed to meet this test by presenting evidence of a greater than even chance of survival for Mr. Gooding in the absence of negligence. The district court properly ruled that the trial court should have granted the hospital’s motion for directed verdict.
See: Gooding v. University Hosp. Bldg., Inc., 445 So.2d 1015
4. Damages: Finally, a claimant must demonstrate that the malpractice (delayed or misdiagnosis, infection, birth injury, etc.) resulted in specific damages. This could include physical harm, emotional distress, or both. Compensation for medical negligence or medical malpractice in Florida can include both economic and noneconomic damages, subject to certain limitations and conditions. See Florida Statute 766.202 to get a list of all of the damages a medical malpractice victim can recover.
For instance, in the case of Holy Cross Hosp., Inc. v. Marrone, expert testimony showed how a delayed diagnosis led to the progression of lung cancer, which significantly reduced the claimant’s chance of survival, thereby establishing causation and damages (i.e. a jury verdict of $900,000 in favor of Eleanore Marrone).
Please Note: Before filing a medical malpractice lawsuit, Florida law mandates a claimant to satisfy several procedural requirements including obtaining the testimony of a qualified medical expert who can attest that the alleged negligent act breached the prevailing professional standard of care. According to Florida statutory law, the lawyer filing a medical malpractice lawsuit must make a “reasonable investigation as permitted by the circumstances to determine that there are grounds for a good faith belief that there has been negligence in the care or treatment of the claimant.” Under the statute, good faith may be shown “if the claimant or his or her counsel has received a written opinion, which shall not be subject to discovery by an opposing party, of an expert as defined in s. 766.102 that there appears to be evidence of medical negligence.” That written statement is often referred to as a “presuit medical expert opinion” which is in the form of a sworn affidavit. See Florida Statute 766.104 and Florida Statute 766.203.
Florida Statute of Limitation For Medical Malpractice Claims: a victim must be aware of the legal time limits for bringing a medical malpractice lawsuit, as outlined in Florida Statutes, which require that actions be commenced within 2 years from when the incident occurred or should have been discovered, subject to a maximum limit of 4 years, except in cases involving fraud, concealment, or misrepresentation where different limits might apply.
Related:
What is the hardest element to prove in medical malpractice?
10 Facts About Medical Malpractice
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