South Florida Injury Lawyer Blog
In Florida, medical malpractice law is complex. Even defining the term requires some explanation. When it comes to the negligence of healthcare providers, the Sunshine State has many unique laws and procedures. Not every poor medical outcome or injury at a hospital qualifies as medical malpractice in Florida. Sometimes there are barriers preventing viable claims even when the evidence strongly supports allegations of medical negligence. This is why it’s so important to work with an experienced attorney. 
To ascertain whether an injury qualifies, our Palm Beach medical malpractice lawyers typically start by carefully considering the following:
- Whether the healthcare professional had an established caregiver-patient relationship with the plaintiff.
- Whether the healthcare professional’s actions – or inaction – caused harm or injury to the plaintiff.
- How likely it is that there is some other cause of the plaintiff’s harm or injury.
- Whether those actions fell below the applicable standard of care for someone in their position (considering education, experience, facility, region, etc.).
- How long ago the healthcare’s alleged negligence took place, as well as when the harm/injury was discovered.
- If the patient died as a result of the alleged medical malpractice, did they have a surviving spouse OR children under the age of 25 at the time of the incident?
Remember: The burden of proof lies with the plaintiff, or the one who is filing the case. And there is a rigorous process with medical malpractice claims just to get past the preliminary stages of a lawsuit. Working with an experienced Palm Beach medical malpractice lawyer is critical.
What Exactly is Medical Malpractice?
Florida medical malpractice laws are outlined in 766.101 to 766.203. Medical malpractice is generally understood as subpar treatment provided by a doctor, surgeon, nurse, or other healthcare provider that results in significant harm or injury to the patient. Continue reading