Do I Have a Medical Malpractice Claim in Florida?
When you go to the doctor, whether for a routine check-up or to help diagnose an issue you’ve been experiencing, you trust them to treat you with care, attention, and respect. While the vast majority of medical providers uphold the strict standards of care expected of them, others miss the mark. Unfortunately, this can lead to a patient suffering as a result of their doctor’s negligence. If you have suffered because of your doctor, understanding whether or not you have a valid medical malpractice claim is critical. The following blog explores what you should know about these difficult matters, including the importance of working with an Indian River County medical malpractice lawyer to help examine your claim and guide you through these complicated times.
Generally, any time a medical provider fails to provide the standard of care that is expected of them, and this results in harm to the patient, it can constitute medical malpractice. Unfortunately, there are a number of ways in which a doctor may fail to uphold this standard. Common forms of malpractice exhibited by medical providers include, but are not limited to, the following:
If you believe you are the victim of malpractice at the hands of a trusted medical professional, there are steps you can take to determine whether or not you have a valid legal claim against the provider. This entails determining whether or not all four legal elements of a medical malpractice claim are present.
The first legal element you must prove is that a doctor-patient relationship existed. This, in turn, will prove that the provider owed you a duty of care. Proving this can be as simple as a medical record showing you met with the provider and they administered some sort of care. Next, you’ll need to show that the provider breached their duty of care to you as a doctor. This means their actions fell below the typical standard of care that other medical professionals would take.
Once you have shown that a doctor-patient relationship existed and that the doctor breached their duty to you, you’ll need to show the injuries that this breach has caused, such as an internal injury or disease progression due to delayed diagnosis. Finally, you will then show the damages that the injuries you’ve suffered have caused. This often includes matters like lost wages, medical claims, and emotional damages.
Importantly, even if all four legal elements are present, Florida law requires that you comply with strict pre-suit requirements before you can file a medical malpractice lawsuit. These requirements are governed by Chapter 766 of the Florida Statutes and are designed to ensure that claims have merit. The pre-suit requirements include a good-faith investigation to determine whether reasonable grounds exist to believe the provider was negligent, a medical expert opinion, a Notice of Intent to Initiate Litigation, and a 90-day waiting period.
Ultimately, medical malpractice claims are incredibly complicated to navigate, especially while healing from the injury caused by a medical provider. As such, it is in your best interest to connect with an experienced attorney with Ullian Trial Law to assist you during these difficult times. Our team understands how devastating it can be to learn that a trusted professional has caused you harm, which is why we will do everything in our power to help you fight for the justice you deserve. Contact us today to learn how we can assist you.
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