Medical Malpractice

In Florida, medical malpractice falls under personal injury or wrongful death, with the negligence attributed to medical malpractice. A claim against medical or dental malpractice accuses a medical professional—such as a doctor, surgeon, or physician’s assistant—of negligently causing harm or wrongful death during treatment. Given the specialized expertise of these professionals, the legal benchmark they are held to is that of a reasonably skilled physician, not merely that of a prudent individual. For a successful claim, the plaintiff needs to:

1. Prove a patient-doctor relationship existed, indicating a duty of care.
2. Show that the medical professional didn't meet the expected standard of care.
3. Demonstrate that the negligence directly resulted in the injury.
4. Establish the damages incurred due to the malpractice

Typically, medical malpractice cases entail extensive discovery and may involve evidence like:

• Eyewitness testimonies, including the plaintiff's condition and pain.
• Expert assessments on injury causes and recovery.
• Reports from treating doctors pre and post-incident.
• Medical records and tests.
• Surveillance and post-incident lifestyle videos.
• Financial evaluations of future damages.

1. Prioritize Safety: Obtain proper medical attention to address any injuries or complications from the malpractice.
2. Report the incident: Notify the relevant medical boards, healthcare institutions, or oversight bodies about the suspected malpractice.
3. Document Everything: Record details of treatments received, medications prescribed, and any abnormal reactions or outcomes.
4. Collect Witness Contacts: Gather statements or contact information from anyone who witnessed the malpractice or its effects.
5. Seek Legal Advice: Consult an attorney to understand your rights and potential claims.