How To Prove Medical Malpractice

If you or a loved one has experienced an injury due to a careless physician, it's crucial to reach out to a skilled Florida medical malpractice attorney as these cases are intricate and often require legal expertise to ensure a successful outcome. Still, it doesn’t hurt to learn more about the process, at least to get peace of mind.

So, what should you be familiar with?

For starters, you should learn the basics of how to prove medical malpractice by establishing negligence.

Elements of medical malpractice

While each malpractice case is unique, some things are universal across the board. One such principle is that the burden of proof rests with the injured party. The plaintiff must demonstrate that the defendant, whether it be a medical professional or institution, is responsible for their injuries. 

It is essential to establish that the injuries did not result from natural causes because not every negative medical outcome is proof of medical negligence.

A valid medical malpractice case must also have the following elements:

• Duty of care: hospitals and physicians have a legal obligation to provide a standard of care to patients undergoing treatment. This duty involves meeting specific standards in the delivery of medical care. This is generally the easiest element to show as you only have to produce evidence you agreed to medical care. 
• Breach of duty of care: this element occurs when the physician fails to fulfill their obligation by delivering medical services that fall below the accepted standards of care. These standards refer to the level of care that a medical professional with comparable training would have provided in similar circumstances.
• Causation: a direct link between the medical professional's mistake and the injuries suffered by the patient.
• Damages: the patient must have suffered harm as a result of the medical professional's actions. In a medical malpractice case, it's crucial to showcase that you experienced some form of harm due to your doctor's breach of duty. This harm could manifest as nerve damage, loss of limb functionality, or the accrual of medical bills resulting from doctor negligence in Florida.

Proving medical malpractice contributed to an injury or illness

With that said, proving most of these malpractice elements isn’t easy. Medical malpractice, while categorized under personal injury, is subject to distinct rules that distinguish it from other personal injury cases, such as car accident claims. Plus, it’s generally much more complex.

So how do you prove medical malpractice?

You and your legal team must demonstrate how your doctor departed from the customary and acceptable standards of care. This typically involves a thorough examination of the patient's medical records, the treating physician's credentials, and safety protocols at the healthcare facility. 

This is where medical experts come in. Due to the complicated nature of the matter, they play a crucial role in clarifying the medical facts, thus helping substantiate your claims. 

By conducting a thorough investigation into medical malpractice claims, your attorney will unearth valuable forms of evidence that can prove medical malpractice and fortify your case. This evidence can include:

• Medical bills
• Correspondence received from your healthcare providers
• Communication from your health insurance company
• Expert opinions from qualified and credentialed medical professionals
• Personal records or notes related to your care, including observations of side effects and appointment details
• Physical evidence such as prescription slips and pill bottles
• Medical images like scans, photographs, or X-rays

Which parties can be liable for medical malpractice?

Doctors and surgeons are not the only healthcare professionals who can be accused of medical negligence. The full list includes:

• Physician’s assistants
• Chiropractors
• Orthodontists and dentists
• Pharmacists
• Pharmacy technicians
• Radiologists
• Optometrists
• Nurses
• EMTs and paramedics
• In-home health aides
• Anesthesiologists
• Alternative medicine providers
• Psychiatrists

Similarly, the hospital or the medical institution may also be held accountable and obligated to compensate for medical negligence. Hospitals must uphold a safe and appropriate standard of care for their patients. Failure to do so may render them liable for medical negligence.

For instance, if a hospital neglects the proper maintenance of its equipment, resulting in harm to a patient, it may be deemed responsible for its equipment maintenance failure. 

What types of damages can you recover?

If you suspect that a healthcare provider deviated from the standard of care which caused your injuries, you can seek damages by filing a claim. 

Once a medical expert validates your claim and provides substantial evidence to prove medical malpractice and back your claim, you can pursue compensation for your injuries. 

There are two categories of damages you can seek: economic and non-economic damages. Economic damages encompass medical bills and lost wages, while non-economic damages are more intangible and may cover damages like pain and suffering.

It's important to note that in Florida, there is a statutory "cap" on non-economic damages. This implies that the amount recoverable is limited to $500,000 if your claim is against a medical practitioner such as a doctor or surgeon.

What is the medical malpractice statute of limitations?

The statute of limitations is a legal rule that sets a deadline for initiating a medical malpractice lawsuit in Florida. This deadline is two years, providing the timeframe from the occurrence of the injury to file a lawsuit against your doctor or other involved parties.

An exception, referred to as the ‘discovery rule’, extends the time available for filing a lawsuit when an injury remains undiscovered for several months or even years. Despite this exception, acting immediately can help preserve vital evidence, which will make the long journey ahead significantly easier. 

Too many people wait too long to file a claim, complicating matters further. Although you may have grounds for a claim, the more time passes, there’s an increased chance the eyewitnesses forget crucial details, evidence gets misplaced, and it becomes more challenging to build your case. We’ve evaluated numerous cases that unfortunately never took off simply because too much time has passed from the initial event. 

Don’t let this happen to you.

Do you have a case?

Navigating through medical malpractice cases requires a profound understanding of the intricacies involved in one of the most complex areas of the law. Your injuries may be real, but they still don’t necessarily mean that you have a valid malpractice case.

At Sowell Chakour, we specialize exclusively in malpractice cases. Over the years, we assisted many Florida citizens prove medical malpractice and recover compensation for the injuries they suffered. 

Nothing can ever take back the past, but with our legal team on your side, you can hold the negligent party accountable, which may help you start moving on from this traumatic event.

If you have any questions about medical malpractice, schedule a case review by calling (833) 633-6257 or filling out our contact form.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.