Articles Tagged with medical malpractice miami

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: 

Medical Records

Personal injury cases always involve significant investigation activity and numerous tasks before suing in court, but Florida medical malpractice cases take things to another level with pre-suit requirements. At one time, there was a spike in frivolous lawsuits against physicians, prompting lawmakers to enact Florida’s medical negligence statute. The law requires claimants to take certain steps before initiating litigation to ensure that the case actually has merit and can be supported by medical evidence. Failure to comply with the statutory requirements could result in a dismissal of your case. 

If you or a loved one was affected by medical negligence, it is wise to get legal representation to manage the complicated tasks. You are up against an insurance company with experienced employees and a skilled legal department, so level the playing field by retaining a Miami medical malpractice lawyer. For some background, you can review the different pre-suit requirements that your attorney will address.

Reasonable Investigation: It is always essential to conduct an investigation and gather detailed evidence for a personal injury, so Florida’s med mal law does not change this strategy. However, it imposes strict rules on the focus of the probe. Your lawyer must make a reasonable investigation as allowed by the circumstances, and the facts need to support a good faith belief that the health care provider was negligent. Medical negligence occurs when a physician deviates from the standard of care that applies to the practitioner and situation.