According to Florida law, in order for a claimant to prove medical malpractice, the claimant must establish four key elements:
1. Duty of Care: A claimant must prove there is a duty of care owed by the healthcare provider. This duty is defined as the requirement for a physician or healthcare provider to act within the standard of professional care, which is the level of care, skill, and treatment that is recognized as acceptable and appropriate by similarly situated and reasonably prudent health care providers under similar circumstances (See Saunders v. Dickens, 151 So.3d 434).
2. Breach of Duty: The claimant must demonstrate that there was a breach of this duty. A breach occurs when the care provided by the healthcare provider deviates from the recognized standard of care that a reasonably prudent healthcare provider would have provided under similar circumstances (See Saunders v. Dickens, 151 So.3d 434).
3. Causation: The claimant must be show that the breach of duty proximately caused the damages claimed. This means proving that the negligence “probably” caused the injury. Florida courts use the “more likely than not” standard of causation, requiring proof that the negligence was more likely than not the cause of the claimant’s injury (Chaskes v. Gutierrez, 116 So.3d 479).
4. Damages: Finally, a claimant must demonstrate that the malpractice (delayed or misdiagnosis, infection, birth injury, etc.) resulted in specific damages. This could include physical harm, emotional distress, or both.
For instance, in the case of Holy Cross Hosp., Inc. v. Marrone, expert testimony showed how a delayed diagnosis led to the progression of lung cancer, which significantly reduced the claimant’s chance of survival, thereby establishing causation and damages (i.e. a jury verdict of $900,000 in favor of Eleanore Marrone).
Please Note: Before filing a medical malpractice lawsuit, Florida law mandates a claimant to satisfy several procedural requirements including obtaining the testimony of a qualified medical expert who can attest that the alleged negligent act breached the prevailing professional standard of care. According to Florida statutory law, the lawyer filing a medical malpractice lawsuit must make a “reasonable investigation as permitted by the circumstances to determine that there are grounds for a good faith belief that there has been negligence in the care or treatment of the claimant.” Under the statute, good faith may be shown “if the claimant or his or her counsel has received a written opinion, which shall not be subject to discovery by an opposing party, of an expert as defined in s. 766.102 that there appears to be evidence of medical negligence.” That written statement is often referred to as a “presuit medical expert opinion” which is in the form of a sworn affidavit. See Florida Statute 766.104 and Florida Statute 766.203.
Related:
10 Facts About Medical Malpractice
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