Is this medical malpractice? What is the standard of care in Florida?

Succeeding in a medical malpractice case in Florida is difficult due to the need to prove a breach of the standard of care, substantial damages, mandatory expert testimony, pre-suit requirements, strict time limits, and high costs. Consequently, many cases are not actionable * The Law Office Of Roger P Foley acknowledges the difficulty of these cases, acknowledges their limited experience, and works with attorneys more knowledgeable and seasoned so that the client/patient or their family receive the best result possible. The client comes first.

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Medical malpractice in Florida is governed by specific statutes and legal precedents that establish the framework for bringing a lawsuit against healthcare providers. This overview addresses the key elements required for a successful medical malpractice claim, including the standard of care, necessary damages, expert testimony, and relevant statutes.

Standard of Care
In Florida, the standard of care refers to the level of care, skill, and treatment that is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers under similar circumstances. This standard is not static and may vary depending on factors such as the patient’s condition, the medical resources available, and the medical specialty involved.
Florida Statutes §766.102 specifically outlines that a healthcare provider is expected to act within the standard of care that a reasonably prudent healthcare provider in the same field would under similar circumstances.

Necessary Damages
To bring a medical malpractice claim in Florida, the plaintiff must demonstrate that the healthcare provider’s deviation from the standard of care caused significant harm. Notably, the damages in medical malpractice cases often need to be substantial, typically amounting to $1 million or more. These damages can include:
Economic Damages: Such as medical bills, lost wages, and the cost of future care.
Non-economic Damages: Such as pain and suffering, emotional distress, and loss of companionship.
Florida has specific caps on non-economic damages, particularly in cases involving wrongful death or catastrophic injury, which can affect the total recovery in a lawsuit.

Expert Testimony
A critical requirement for pursuing a medical malpractice lawsuit in Florida is the necessity of expert testimony. Before a lawsuit can be filed, the plaintiff must obtain a verified written medical expert opinion from a qualified expert stating that there are reasonable grounds to believe that medical malpractice occurred.
Florida Statutes §766.203 outlines this pre-suit investigation process, which includes:
1. Pre-suit Notice: The claimant must notify each prospective defendant of the intent to initiate litigation for medical negligence.
2. Verified Written Medical Expert Opinion: This opinion must corroborate reasonable grounds to support the claim of medical negligence.
The expert must be a healthcare provider with qualifications that match or exceed those of the defendant, ensuring that the opinion is credible and relevant.

Bedside Manner
It's essential to understand that poor bedside manner alone is insufficient to constitute medical malpractice. While a physician’s rudeness or lack of empathy may be upsetting, it does not meet the legal threshold for a claim unless it directly results in harm due to a deviation from the standard of care. The core of a medical malpractice claim lies in proving that a healthcare provider’s negligence directly caused significant injury or damages to the patient.

Bringing a Medical Malpractice Claim in Florida
To bring a successful medical malpractice claim in Florida, the following steps are typically necessary:
1. Determine if there was a breach of the standard of care.
2. Demonstrate that the breach caused significant damages, often exceeding $1 million.
3. Obtain a verified written medical expert opinion to substantiate the claim.
4. Follow the pre-suit notice requirements as outlined in Florida Statutes §766.106.
5. File the lawsuit within the statute of limitations, generally two years from the date the incident was discovered or should have been discovered, but no more than four years from the date of the incident, as per Florida Statutes §95.11(4)(b).
Failure to meet these stringent requirements can result in the dismissal of the claim, underscoring the importance of thorough preparation and expert legal guidance.