What Do I Need In Order To Establish A Medical Malpractice In Florida?
So your neighbor is at it again – blasting the local surgeon who “botched” his hernia surgery all over social media. What that same neighbor is not mentioning is that, against doctor’s orders, he started running, weightlifting, and playing backyard tackle football with his buddies less than a week after the surgery.
What would this mean for a potential medical malpractice suit?
We all hire professionals to perform jobs to which they are specially trained. Whether it is a surgeon or dentist, or even an architect or landscape developer: we rely on these professionals to perform to the best of their ability and to do a good job. However, sometimes things do not work out how we plan. Cases that involve our health and welfare can easily be seen as the most serious and important things to get right. So, what can we do when we believe that a doctor or healthcare worker did a bad job? This article gives a brief and general outline of some of the elements you will need to be able to prove in a medical malpractice lawsuit.
What Do I Need to Establish a Medical Malpractice Suit?
To bring a medical malpractice suit, a person has to be able to prove more than just a bad medical outcome, or that they feel the doctor could or should have performed “better.” To successfully prove a case of medical malpractice in Florida several factors must be present, which include:
- There was a Breach of the Standard of Care: the person bringing the suit must show that the party they are suing owed them a certain level of care, and that person/party breached the standard of care owed to them according to Florida law. The procedure not turning out the way you want it – on its own – may not be enough to reach this standard. A less-than-stellar job does not necessarily equal medical malpractice.
- Proximate Causation: You must prove that the doctor’s breach was the “proximate cause” of your injury. Generally, this means that it was because of the doctor that you were injured. So your neighbor – whose hernia complications arose after his prohibited game of backyard football – may have a hard time convincing a jury that his complication is the doctor’s fault, and not of his own doing.
- Damages: You must be able to prove that you were harmed, and that you have suffered losses – aka damages – because of the breach of care by the party being sued. This includes medical expenses, lost wages, extreme pain and suffering, etc.
There are a number of additional items you should consider as well. For instance: what were the circumstances surrounding the medical event in question? When the Doctor prescribed the medication that interacted badly with a different prescription you were on – did the Doctor know about your pre-existing prescription? SHOULD the doctor have known? Did the doctor have the facts needed to provide you with reasonable care?
You should also be prepared to discuss why your injury was not a reasonable or foreseeable injury that was simply a by-product of proper medical care. For example: a person who underwent a cesarean-section will have pain in their stomach – that is to be expected as a result of the surgery. You need to be able to discuss why your injury/pain and suffering was due to the doctor not performing properly.
Always keep in mind that there is a time limit to filing a medical malpractice suit as well. Ensure that you file your lawsuit before the statute of limitations runs out.
Contact the Musleh Law Firm
Medical malpractice law is complicated and, like most things in life, the details of every individual case are important in determining the outcome. If you are considering your options and a potential medical malpractice lawsuit, contact the experienced Ocala medical malpractice attorneys at the Musleh Law Firm today. Our team of attorneys is standing by to discuss the circumstances of your case and help you determine the best path forward.