Negligence is at the heart of almost every medical malpractice case. Understanding how Florida law defines medical negligence and how to prove it is critical to winning your case, holding the at-fault party accountable, and recovering compensation.
The definition of negligence in a Florida medical malpractice case is more specific than in many other types of personal injury cases. It is set by statute and refined by case law. Your Florida medical malpractice lawyer will ensure you have the necessary evidence to show negligence occurred in your case and document how your medical care provider’s actions or inactions caused you harm.
What Is Medical Negligence Under Florida Law?
Under Florida Statute § 766.102, medical negligence occurs when a healthcare provider fails to provide an acceptable standard of care and this causes injuries to a patient. The standard of care is set by what would be recognized as acceptable and appropriate by care providers with similar training and experience in the same situation.
This is why expert witnesses play key roles in developing and proving these cases. You need a similarly trained and experienced medical care professional to testify that they would not have acted the same way under similar circumstances.
What Are The Necessary Elements Of A Medical Malpractice Claim?
To win a Florida medical malpractice case, the victim or their family must have strong evidence to show all four key elements of negligence are present. This includes:
Duty Of Care
The doctor, hospital, or other medical care provider had a legal duty to treat the patient because they had an established provider-patient relationship.
Breach Of The Standard Of Care
The provider failed to offer the accepted standard of care a reasonable care provider would offer based on similar training, experience, and the given circumstances.
Causation
The poor standard of care directly caused the injury or made the condition significantly worse, usually documented with medical records and expert testimony.
Damages
The patient suffered harm as a result. This may include physical injuries, additional medical care costs, loss of income, serious illness, or death.
A successful medical malpractice case requires showing all four of these elements are present. If any of them are missing, the case is likely to fail. For example, imagine the doctor made a careless mistake, but the victim did not suffer any resulting damages. This might not support a medical malpractice lawsuit.
How Is The Standard of Care Determined In A Florida Medical Malpractice Case?
Florida law requires that medical malpractice victims establish the expected standard of care in a case through the testimony of qualified medical experts. Statutory requirements make it impossible to file a medical malpractice claim without first obtaining a pre-suit affidavit from an expert who confirms that a breach likely occurred.
The expert must carefully review the relevant medical records and other evidence and use their training and experience to define the standard of care that should have occurred in the case. They then testify (typically in a written affidavit) to what they believe a reasonably competent provider would have done.
The expected standard of care could vary based on:
- The care provider’s specialty, training, and experience
- The setting (a hospital emergency department versus a nursing home)
- The patient’s condition and history
- What other similarly trained providers would have done in the same situation
What If The Provider Provided An Acceptable Standard of Care?
Even if a patient experiences a severe injury, the provider may not be liable if they followed accepted medical standards. This is one reason why Florida law requires an affidavit of merit before the case begins. Some situations where injuries could occur without negligence include:
- A missed cancer diagnosis because early symptoms were not present
- A known complication that occurred after a correctly performed surgery
- A patient’s condition that deteriorated despite appropriate treatment and care
Even when a mistake is made, it may not support a medical malpractice claim. The medical care provider must significantly deviate from what other reasonable, competent professionals would have done under the same conditions.
Negligence And Florida’s Pre-Suit Process For Malpractice Cases
In addition to the necessary medical expert testimony, Florida’s mandatory pre-suit process helps to ensure each case is based on a departure from the accepted standard of care. This process includes:
- Submission of the expert’s opinion verifying negligence probably occurred
- A Notice of Intent to Initiate Litigation was served to the defendant
- A 90-day investigation period, during which the provider can respond, settle, or reject the claim
After the 90-day investigatory period, your legal options will become clearer. Many insurance companies and defendants will make a settlement offer at this point. They want to end the case as soon as possible, if you can reach an agreement. Others may reject the claim, and the case will continue. Your attorney can proceed with filing a medical malpractice lawsuit on your behalf.
What Are Some Ways Medical Negligence Causes Injuries?
Some ways that medical negligence commonly causes patients harm include:
- Failure to diagnose or misdiagnosis, especially with cancer, stroke, and other serious health concerns
- Surgical errors, such as wrong-site surgery or leaving instruments inside the body
- Medication errors, including wrong dose, wrong medication, or dangerous drug interactions
- Anesthesia mistakes
- Improper monitoring of patients during or after a procedure
- Failure to obtain informed consent for a risky procedure
- Birth injuries due to negligence during labor or delivery
Each of these errors could occur because a care provider failed to meet the standard of care. If any of these happened to you, you should discuss your options with a medical malpractice attorney as soon as possible.
Talk To Our Florida Medical Malpractice Team About Your Case For Free
If you believe a negligent medical care provider caused your injury or a loved one’s death, reach out today. Anidjar & Levine provide free consultations for victims and their families. We will assess your options and explain how our Florida medical malpractice lawyers work based on contingency. Call now to get started with our attorneys.
