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How Do You Prove Medical Malpractice in Florida?
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How Do You Prove Medical Malpractice in Florida?

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Medical malpractice occurs when a medical professional’s negligence causes harm, injury, or death. In such cases, injured patients or the families of the deceased have the right to seek compensation for damages through a medical malpractice claim. However, proving medical malpractice can be a complex process. You must meet specific legal criteria to have a successful medical malpractice claim. If you or a loved one believe you’ve been a victim of medical malpractice in Florida, read on to understand the key elements that must be proven in a medical malpractice claim, the standard of proof required, and the types of evidence that can help build a strong case.

The Elements To Prove in a Florida Medical Malpractice Case

To prove a Florida medical malpractice claim, you need to establish the elements of negligence, namely;

  • Existence of a medical professional-patient relationship: This relationship establishes that the medical professional owed the patient a duty of care. A medical professional-patient relationship can be established by an agreement or treatment received. For instance, a doctor-patient relationship is generally assumed if you went to a doctor to seek treatment.
  • Breach of standard of care: You must show that the healthcare provider provided care below the expected standard.
  • The breach caused the injury: Apart from proving a medical professional deviated from the acceptable standard of care, you must prove that their breach directly caused harm. This can be one of the most challenging aspects of a medical malpractice claim.
  • Damages: Finally, you must demonstrate that the mistake caused actual damages, such as medical expenses, pain and suffering, and lost wages.

Standard of Proof in Florida Medical Malpractice Cases

In Florida, the burden of proof in a medical malpractice case rests on the claimant (the person filing the claim). In other words, it is up to the claimant to prove the elements discussed in the previous section, and as the claimant, you must meet a specific standard of proof. According to Florida Statute Section 766.102, a plaintiff in a medical malpractice claim must prove by the greater weight of the evidence that a medical professional breached their duty of care and caused harm. The standard described here is the “preponderance of the evidence” standard. Put another way, you need to prove your case is more likely true than not (more than a 50% likelihood). This differs from the “beyond a reasonable doubt” standard that applies in criminal cases, which requires much stronger proof.

Types of Evidence That Can Help Build a Strong Case

Meeting the standard of proof requires gathering sufficient evidence to prove all four elements. Evidence can vary depending on the circumstances of a case, but the following are some of the most commonly used types of evidence in Florida medical malpractice cases;

  • Medical records, including doctor’s notes, diagnostics, treatment plans, and prescriptions
  • Expert witness testimony, such as a medical expert’s testimony regarding the severity of the injury
  • Testimony of family members, friends, or caregivers about the harm suffered
  • Testimony from other healthcare professionals who can offer insight into the harm caused
  • Patient testimony
  • Pictures or videos showing physical injuries
  • Evidence of damages, including medical bills and pay stubs

Contact a Florida Medical Malpractice Lawyer

With years of experience, our Tampa medical malpractice lawyers at Gunn Law Group, P.A. can help you prepare a strong case that can help you prove your claims. Let us leverage our extensive experience to get you the compensation you deserve.

Source:

leg.state.fl.us/Statutes./index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0766/Sections/0766.102.html

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