Like other US states, you have rights under Florida medical malpractice laws if you suffered injuries or other harm at the hands of a health care provider. The state medical negligence statute allows you to recover damages if you can prove that the actions of your physician represent a breach of the relevant standard of care. This standard refers to the level of care and skill that would be considered acceptable and relevant in light of the circumstances surrounding treatment.
Based on this summary of proving med mal, you can see that two important aspects of your case are determining the standard of care and showing how your doctor breached. Meeting this burden requires solid evidence, so it is wise to get help from a Miami medical malpractice lawyer. There are multiple sources that you might rely on to enforce your rights, such as:
The foundation evidence in a med mal case is the patient’s medical records detailing diagnosis, all lab screenings, imaging tests, procedures, surgery, and other treatment. The documents will also contain the patient’s medical history, showing allergies, prior injuries, and pre-existing conditions. Some instances of medical negligence are evidenced from your medical records alone, such as:
- You were prescribed a medication that causes dangerous reactions with other medications or allergies.
- A provider erred in analyzing diagnostic test results.
- A surgeon performed an operation on the wrong body part.
Input From Experts
Florida’s medical malpractice statute states that the standard of care in a claim is that which is recognized as being appropriate by “reasonably prudent similar health care providers.” As the patient, the burden is on you to obtain this evidence, so you will need medical experts for advice on highly technical topics. These individuals may consult with your lawyer in preparing the case, but a medical expert may also testify at trial.
Healthcare facilities are increasingly implementing technology to avoid liability for medical malpractice and for training purposes. However, this footage may also be useful as evidence when proving your case. For instance, many hospitals have installed event recorder systems in operating rooms, familiarly known as the OR black box. The equipment records everything that takes place during the procedure, including surgical errors and miscommunications.
There may be individuals who observed an incident of medical malpractice, including your family members and friends. They may not have the technical knowledge of a medical expert, but testimony from lay witnesses is useful regarding what they saw, heard, or perceived.
Speak to a Miami Medical Malpractice Attorney
Besides evidence of the breach of the standard of care, you will also need proof of losses to recover compensation in a med mal case. The process can be challenging, so count on our team at Gerson & Schwartz, PA, to assist. Please contact us at (305) 371-6000 or go online to schedule a free consultation. A South Florida med mal lawyer will meet with you at our offices in Miami, Fort Lauderdale, or West Palm Beach.