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:
In order to successfully bring a lawsuit for medical malpractice, you need to have Izquierdo Law by your side. It is essential to have an attorney that has the resources necessary to conduct the extensive discovery process mentioned above. Izquierdo Law has the resources to successfully litigate cases involving medical malpractice; indeed he has done so in many occasions. If you or someone you love has been the victim of a physician’s negligence and arrange a free consultation to further discuss how we can help you through this difficult time in order to protect your rights. Please contact Izquierdo Law at our Hialeah office today at 305-826-9994. Se Habla Español / Spanish language services available.
Izquierdo Law will retain investigators and experts to help prove your case. We guarantee that we will work hard to provide you with the best legal counsel and resources available and you will pay absolutely nothing unless you are awarded a settlement or verdict.
102 E 49th St, Hialeah, Florida 33013, United States