South Florida Injury Lawyer Blog
Proving medical malpractice in Florida can be challenging, but if you or a loved one has experienced serious injury or death which you suspect was caused by medical malpractice, you should seek legal help from an experienced, dedicated, medical malpractice attorney.
Medical malpractice occurs when a healthcare provider has not followed a reasonable standard of care, which has resulted in the injury or death of a patient. For medical malpractice purposes, “standard of care” refers to the level at which the average, prudent provider in a given community would manage a patient’s care under the same or similar circumstances.
Therefore, in order to demonstrate medical malpractice in Florida, you must show that the healthcare provider owed you a duty of care, that the provider fell below that standard, that you suffered injury or damage that was caused by the healthcare provider’s breach of duty, and that injury or damage can be demonstrated legally.
Proving Medical Malpractice
The law does not require medical facilities or medical professionals to be perfect. But they are expected to follow a standard level of care. As a medical malpractice attorney, I dig deep into every aspect of my client’s case, examining the injury or illness, gathering detailed documents, and examining the medical facilities, doctors, and other medical professionals to determine exactly what happened and how it could have been avoided if proper medical standards were followed.
This includes petitioning the court for subpoenas to examine all medical records; interviewing and collecting testimony from witnesses and others involved; engaging the services of medical experts and other experts in the particular concerns of the case; engaging the services, if necessary, of investigators to determine the condition of the medical personnel involved (i.e., if the doctor was sick at the time of your medical event, or has a history of alcohol or substance abuse or mental illness), and any past history of complaints against the doctor, nurses, or medical facility involved in your care.
You can help your attorney by acting as quickly as possible and by providing as much detail as possible, including:
- Medical records (your doctor and other healthcare providers should give you all your records upon request)
- A log of visits to healthcare professionals and any correspondence with healthcare providers, insurers, Medicare/Medicaid
- Medical bills, including medical insurance coverage, premiums paid, and payments insurers have made
- Expenses for remodeling or special vehicles needed to accommodate the injury or illness
- Receipts for payments you have made toward your health
- Psychology records if mental health issues are related to the injury
- Photographs of you before and after injury and any other helpful photos
- Testimonies from friends or family to corroborate your claims
To prove loss of income, provide pay stubs, tax returns, and evidence of time lost from work due to your health. If the patient is deceased, provide a death certificate and/or autopsy report. You can also include any additional damages (loss of housing, damaged family relationships, loss of companionship, etc.) that can be attributed to the injury.
Statute of Limitations and Discovery
Florida Statutes Sec. 95.11 governs how much time a person has to file a lawsuit. In the case of medical malpractice, the statute of limitations for most cases is two years. However, this does not always mean two years from the incident. It may mean two years from when you discovered that the injury was caused by the incident. Therefore, do not hesitate to approach a medical malpractice lawyer to determine if a case can be brought against those who caused your injuries.
In order to win your medical malpractice case, you need an attorney who knows and thoroughly understands the legal specifics involved in medical malpractice, has a network of experts who can provide the deep dive into your case necessary to discover all factors and find every opportunity for compensation, and whose reputation is respected by the legal community.
As a native of Florida, I have dedicated my career and my life to helping people all over the state in the area of personal injury, including medical malpractice. I fight for the little guy against the big insurance companies and medical conglomerates who have teams of lawyers to fight for them. You can’t fight them alone. I have a track record of winning, the courts and the insurance companies know that, and I can help you receive compensation for your medical malpractice injuries. Call me today for a free consultation.