Medical Malpractice

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In Florida, there really is not a separate tort for medical malpractice. Instead, the tort is one for personal injury or wrongful death, and medical malpractice constitutes the negligence. A suit for medical/dental malpractice is an action in tort for the negligent infliction of personal injury or wrongful death in the course of medical treatment by someone who is considered a medical professional; i.e., doctor, surgeon, physician’s assistant. Since medical professionals profess to have special knowledge and skills, the law holds them to the standard of a reasonably proficient physician, not simply the standard of a reasonable prudent man. In medical malpractice, the Plaintiff must establish that they were owed a duty of care by proving that there was a patient-doctor relationship, whether expressed or implied, between the Plaintiff and the physician. The Plaintiff must also establish that the physician breached their duty of care by falling below the standard of a reasonably proficient physician. Then the Plaintiff must prove that, but for, the negligence of the physician, the Plaintiff would not have been injured. Finally, the Plaintiff must also prove what damages were caused by the medical malpractice. 

Medical malpractice claims usually involve large amounts of discovery and the following types of evidence:

• Witnesses to the incident, the plaintiff’s prior condition, and their conscious pain and suffering
• Expert medical witnesses regarding the injuries, causality, and prognosis
• Treating physicians before and after the incident
• Medical records and tests
• Surveillance films and day-in-the-life films
• Economic experts on the future damages