The American Board of Professional Liability Attorneys (ABPLA) defines “medical malpractice” as when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare, or health management.
What is Medical Malpractice Under Florida Law?
Sometimes known simply as med mal, to have a valid claim of medical malpractice under Florida law, the claim must have the following characteristics:
- A Violation of the Standard of Care. The law recognizes that there are certain medical standards that are acknowledged by the profession as being acceptable by reasonably prudent health care professionals under similar circumstances. This is called “the standard of care.” A patient has the right to expect that health care professionals will abide by this standard of care. If the standard of care has not been met, then negligence may be established.
- An Injury was Caused by the Negligence. For a successful medical malpractice claim, a mere violation of the standard of care is insufficient. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence.
- The Injury Resulted in Significant Damages. Medical malpractice lawsuits are extremely expensive to litigate, frequently requiring the testimony of numerous medical experts and countless hours of deposition testimony. For a case to be viable, the patient must show that the damages suffered were significant in nature.
Choosing the Correct Florida Medical Malpractice Attorney
If you believe that you or a family member have a valid med mal claim, you need an experienced Florida medical malpractice attorney to help protect you and obtain the maximum compensation owed to you as quickly as possible. You also need a lawyer who is knowledgeable in medical issues.
Remember that many doctors are reluctant to become involved out of fear that they may someday find themselves on the wrong end of a med mal claim, and med mal insurance goes up in price when such cases become more prevalent. That’s why you need an experienced Florida medical malpractice attorney to make sure your testifying doctors are as committed to your case as you are.
Contact a Florida Medical Malpractice Attorney for More Information About Your Options
A competent and committed medical malpractice attorney can be difficult to find.