Port St Lucie Surgical Error Attorneys: Making Things Right

(Florida Statutes Section 766.102)

Medical malpractice in Florida is legally defined as a claim arising from the failure of a healthcare provider to follow the prevailing professional standard of care for their specific area of practice when providing medical treatment or care. This failure must lead to injury or harm to the patient.

Key components of this definition include:

1. Healthcare Provider

Medical malpractice can involve various healthcare professionals, such as doctors, nurses, surgeons, dentists, pharmacists, and other licensed medical practitioners.

2. Failure to Follow Standard of Care

To establish a medical malpractice claim, the patient must demonstrate that the healthcare provider deviated from the accepted standard of care, which is the level of care and treatment that a reasonable and similarly trained healthcare provider would provide in similar circumstances.

3. Injury or Harm

The patient must prove that the deviation from the standard of care directly resulted in injury or harm. It is essential to establish a causal connection between the healthcare provider’s actions or omissions and the patient’s negative outcome.

4. Prevailing Professional Standard of Care

The prevailing professional standard of care can vary based on the specific field of medicine and the circumstances of the case. Expert medical testimony is often required to establish what the standard of care should have been in a particular situation.

In Florida, medical malpractice claims are subject to specific procedural and evidentiary requirements, including pre-suit investigation and notice, expert witness testimony, and caps on non-economic damages in certain cases. The team at Hughes and Barnard Law Firm, PA specializes in medical malpractice law in Florida. If you believe you have a valid claim or need guidance regarding the legal process for pursuing such a claim, contact us to leverage our experience and expertise in your fight for justice.