What Are Your Chances Of Winning A Medical Malpractice Lawsuit In Florida?

When it comes to medical malpractice cases in Florida, we often get questions from potential clients about their odds of winning. Although it seems like there’s a straightforward answer, no malpractice suit is the same. 

Many factors can influence the outcome of the cases, and without knowing all the specifics, it’s really difficult to make generalizations. 

So, join us today while we explore what makes medical malpractice cases in Florida valid and which factors may influence your chance of winning the lawsuit.

What is medical malpractice?

Medical malpractice is a set of circumstances where a medical provider’s action causes harm to the patient. Your mind may automatically go to the situation in which the surgeon operates on the wrong limb, but malpractice covers a lot more. For example, errors such as wrong diagnosis, treatment, health management, or aftercare that include an element of negligence can all be considered medical malpractice. 

Keep in mind that a worsening medical condition, bad surgery outcome, or an unforeseen complication doesn’t necessarily constitute medical malpractice. There are no guarantees in healthcare, and even routine procedures pose some risk.

As long as the physician demonstrates a reasonable standard of care and technical skill, they’re not legally liable for what happens, even if the outcome is negative.

What constitutes medical malpractice?

In medical malpractice, the burden of proof is on the plaintiff. With medical malpractice cases in Florida, it’s necessary to demonstrate the existence of these elements:

1. Duty of care

For a malpractice case to be valid, the medical professional must have owed the plaintiff a duty of care. In other words, the patient had the right to expect that the healthcare provider would provide a service of the highest level. 

The fact you consulted the medical professional in question on health-related issues proves the existence of the doctor-patient relationship. Thus, this factor is very easy to establish and substantiate with just the medical records that show the defendant treated the patient and had a duty of care. 

2. Breach of duty of care

To prove medical malpractice, it’s also necessary to demonstrate a medical provider acted negligently or breached the standard of care. Put differently, the defendant’s conduct fell below the accepted standard of care in the profession. 

For instance, if the standard practice for a certain condition is taking X-rays and the doctor fails to do so, this can be considered an act of negligence. 

3. Causation

The biggest misconception about medical malpractice cases in Florida is the fact that negligence doesn’t necessarily mean that a malpractice case is valid. You must also prove that the negligent action led to an injury.

Here’s a simple example:

Say a physician didn’t ask the patient what medications they were currently taking and prescribed them medication that is dangerous when combined with the existing treatment. If the patient has an adverse reaction requiring a hospital stay, it’s logical to assume that without the negligence event (failure to inquire about the existing medication), no harm would have occurred.

4. Economic damages

Lastly, the injury must have resulted in economic damages for the malpractice case to be valid. Using the same medication example from the above, the hospital visits and the treatments could have cost upwards of $20k. This means that the patient has the right to file a malpractice suit to recover the damages.

They may also seek non-economic damages, such as compensation for the pain and suffering that the injury caused. 

Do plaintiffs commonly win in medical malpractice cases in Florida?

The Sunshine State is no stranger to medical malpractice. According to statistics, there were approximately 51 malpractice claims per one million residents. 

There’s no data regarding win rates in Florida, but the nationwide statistics are concerning. Medical professionals win about 90% of cases with weak evidence, and even worse, win 50% of trials where the evidence of malpractice is strong. 

However bad this may sound (it is), these numbers don’t account for cases that get settled off court, which is the most common scenario. In addition, there’s no mention of the quality of representation.

All in all, malpractice cases are generally complex and require skill to be successfully litigated. So, you shouldn’t be discouraged by the data. If you believe you have a valid malpractice case on your hands, contact an experienced attorney and they’ll help you ascertain the strength of the evidence. 

Are there common factors in successful malpractice cases?

One of the biggest factors in the success of the case is the strength of the evidence. Without enough evidence of negligence, you have no case. 

Whether you signed waivers or release of liability forms can impact the case. Still, this is a minor factor. Just because you signed a form doesn’t mean you have lost the right to sue if the physician breached their duty of care. 

It’s also important to remember that time plays a crucial role in winning your case. According to state laws, medical malpractice cases in Florida are subject to a four-year statute of limitations (starting from the date you discovered the injury). While this seems like more than enough time, missing this window means you won’t be able to bring a claim. The sooner you start litigation, the better.

Last but certainly not least is the skill of the attorney representing you. Medical malpractice cases are notoriously difficult, and you can expect the negligent physician to fight to the bitter end to protect their career. Even with strong evidence, it’s an uphill battle, and the attorney’s skill is that missing ingredient necessary to push your case to the edge. 

Start building a winning case

Considering that cases with strong evidence tend to fall apart in a jury trial, you need to do everything in your power to protect your rights while pursuing justice. Since the skill of the attorney representing you is arguably the most important factor in the success of your case, you should ensure everything is covered on this particular front.

Attorneys working at Sowell Chakour are aggressive in their pursuit of justice. Over the years, we won several major medical malpractice suits, some ending in multimillion-dollar awards. 

Some of the attorneys working on your case will be former surgeons. They’re deeply familiar with how the medical industry operates and the evidence needed to refute all the defenses that the physician who harmed you might resort to. 

But the best thing is we work on a contingency fee, which means you won’t need to pay a dime unless we push your case toward victory.

Schedule a consultation 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.