When a patient is injured due to the negligence of a medical professional, they may be able to file a lawsuit. Claiming a medical malpractice, especially in Florida is not an easy task. It is quite complicated as you will have to meet a few officials and prove the cause of injury to successfully claim against a doctor, nurse or any healthcare professional.
Breach of the Standard of Care
Standard of care is a medical or psychological treatment guideline. If your treatment was not in line with these basic guidelines, and if you had to suffer severe damage due to this, you have complete right to file a lawsuit. First and foremost, there must be evidence that the doctor, nurse or other medical malpractice breached the applicable standard of care owed to you or your loved one. To establish that a breach occurred, Florida’s Malpractice Act requires that you find a medical expert practicing in the same field as the doctor who committed the alleged malpractice and obtain a sworn affidavit from the doctor. Without this affidavit, your claim will be invalid and not accepted by the court.
To make Florida Medical Malpractice claim viable, there must be a significant harm to you or your loved one. This is because the cost of initiating a medical malpractice claim is high. You have to prove the damage lest your claim will be thrown out of the court. As discussed above, you must consult a medical expert to review your file and make a confirmation as to whether malpractice occurred. Usually, medical experts in Florida do not do this for free. In fact, many charge a hefty sum and might burn your pocket. This means your injury must be serious enough to have resulted in severe medical expenses, missed time from work, and caused extreme pain and loss.
Along with establishing a breach of the standard of care, you must also prove causation. In law, a proximate cause is an event that is related to an injury that the courts deem the event to be the cause of that injury. This means that you have the burden of proving that the doctor’s breach was the “proximate cause” of your injury. Basically, there must be evidence that, if not for the doctor’s negligence, your injuries would not have occurred.
Now that you have a basic idea of initial formalities required, it is quintessential to take action on time. Why? If you fail to file a claim within the defined time limit, you could be barred from ever pursuing compensation.
In Florida, you have two years, starting from the date of the injury or when you reasonably determined you were injured, to file a medical malpractice lawsuit. If you or a loved one is considering taking legal action, do not delay in consulting with an attorney about your legal option.
If you or a loved one was seriously harmed by a doctor, surgeon, nurse, etc. contact the experienced Florida medical malpractice attorneys. Our attorneys will take the time to review your medical records to determine whether a mistake or negligent act occurred. We can also sit down and discuss your potential legal options during a confidential consultation upon at your convenience.