Proving Negligence in Medical Malpractice: What’s Required?

In a perfect world, every visit to a healthcare provider would result in safe and effective care. In reality, however, providers are human – and humans make mistakes. It’s when those mistakes are a direct result of negligence that a claim of medical malpractice may be warranted. 

Proving negligence in medical malpractice is a must in order to receive just compensation. Negligence in this scenario means that a healthcare professional failed to uphold their duty of care, either through action or inaction, and that this failure caused serious harm to the patient.

Learn the basics of proving medical negligence below, and contact us for a free case review if you believe you have been the victim of medical malpractice in Florida. 

How to Prove Medical Malpractice

When it comes to proving medical negligence, there are a few essential factors at play:

• Duty of care: Healthcare professionals have an obligation to act in the best interests of their patients, as well as to meet the general standards of care set out by the medical community at large. 
• Breach of duty: Proving medical negligence requires evidence that the healthcare professional failed to uphold their established duty of care. 
• Causal relationship: It must be shown that the provider’s breach of duty was the direct cause of the patient’s injuries. 
• Damages: Lastly, patients must prove that they suffered significant harm as a result of this injury – for example, physical pain, emotional distress, loss of income, and/or unexpected medical expenses. 

Unsure if you can prove medical negligence in your case? Gordon & Partners medical malpractice attorneys in Florida can evaluate your claim and determine whether it is worth seeking compensation.

Building a Strong Case When Proving Medical Negligence

In medical practice, as in any type of legal claim, the strength of your case comes down to evidence. Your attorney needs to be able to show clearly and without reasonable doubt that the medical provider had a duty of care, breached that duty, and caused injury and damages as a result.

All sorts of evidence can help prove negligence in medical malpractice, including past and current medical records, medical bills, eyewitness testimonies, and expert opinions. Patient testimony plays a particularly important role and can help connect the dots between the incident in question and the injuries that occurred. 

Remember: a breach of care is only relevant insofar as it causes injury and damages. Substandard care on its own, even if backed up by sufficient evidence, is not enough when proving negligence in medical malpractice cases. As such, a lot of the legwork related to evidence in a medical malpractice suit is proving a causal relationship between a breach of care and patient injuries, as well as damages related to these injuries. 

Common Types of Medical Negligence

Medical malpractice can be caused by action or inaction on the part of a healthcare professional. Examples of medical negligence include:

• Surgical errors
• Unnecessary surgeries
• Misdiagnoses
• Failures to diagnosis
• Delayed diagnoses
• Giving the wrong medication or dosage
• Birth injuries
• Failure to act on test results
• Failure to take into account a patient’s history
• Insufficient treatment follow-up care
• Anesthesia errors

These and other types of medical negligence all carry a great risk of harm. The sooner you get professional legal help, the better chance you’ll have of recovering your losses from the event. 

Who Can Be Sued for Medical Malpractice?

It’s not just doctors who have a legal duty to care for patients. Nurses, physician’s assistants, anesthesiologists, pharmacists, psychiatrists, physical therapists, and all other types of licensed healthcare providers can be sued for malpractice. Other parties who may be liable for medical malpractice include healthcare facilities and insurance companies. 

Beyond figuring out how to prove medical malpractice in a specific case, attorneys will also make sure to identify any and all liable parties to ensure that victims get the full amount of compensation they are owed. 

Get Qualified Support for Proving Negligence in Medical Malpractice in Florida

Here in Florida, you generally have up to two years to sue a provider for medical malpractice. This is extended to four years in cases where the injury was not immediately discoverable or longer in cases of fraud or intentional concealment of wrongdoing.  

If you or a loved one have been the victim of medical malpractice in Florida, the experienced team at Gordon & Partners may be able to help. We serve clients throughout the state and have helped victims of personal injury claims recover millions of dollars in much-deserved settlements and jury awards. We work on a contingency fee basis, so you won’t owe anything unless you win your case. Learn more about our firm, and schedule your free case evaluation today!