When a medical malpractice claim is made in the state of Florida, claimants have to consider a number of elements before they can proceed. This is further complicated by the fact that medical malpractice is not always easy to prove. It can take on a wide range of forms and these claims are often based on what a doctor has failed to do.
This adds an inherent level of difficulty to the proceedings. There are certain elements that must be proven in order for the claim to be successful. To learn more about the five key elements of a Florida malpractice claim and how they are proven, be sure to read on and learn more.
- Noticeable Damages
If damages have occurred as the result of a doctor’s negligence, they need to be proven. The damages have to be evident and it must also be proven that the client will require financial restitution to remedy them. If it cannot be proven that the doctor deviated from a more preferable course of action, this can also make the case challenging from a burden of proof standpoint.
- Deviation From The Acceptable Standards of Care
To piggyback on the last point, the medical field has created guidelines for care that must be adhered to. These standards were created for a reason. The specificity of these guidelines is going to be discussed whenever a client is looking to file a Florida malpractice claim. If you cannot prove that the doctor’s error took place as a direct result of a refusal to go along with these guidelines, this means that the case may not be as viable as you would like to believe.
- Breach of Duty
Let’s say that the client is alleging that a breach of duty took place. If so, they must be able to prove this element as well. Injuries are not always physical, either. In many instances, they can be emotional. Unless the client is able to establish the fact that these physical or emotional injuries were caused by a breach of duty that has taken place, they are not going to receive the desired outcome to their case.
This is one of the most important elements of these cases. Without the ability to prove a doctor’s level of negligence, the client is left without a leg to stand on. It is also important to remember that a patient’s level of dissatisfaction is not indicative of a duty breach. The client must prove that the doctor caused damages that would not have been caused if a more competent doctor had been allowed to offer treatment.
- Existence of the Relationship
Last but not least, the client has to prove that they have a preexisting relationship with the physician in question. Did the patient hire this specific practitioner? Can they prove that this relationship has existed for some time? This is the final element that must come into place once the other four have already been discussed at length.