While there are legal remedies for victims of medical errors, it is important to understand that you have a considerable burden to enforce your rights. To prove medical malpractice under Florida law, you must show that a healthcare provider breached the standard of care, directly causing injury. Key steps include obtaining medical records, expert testimony, and strong evidence of negligence.
A skilled Miami medical malpractice attorney can help build a compelling case, but you can read on for a useful overview about how you prove the essential facts.
What Qualifies as Medical Malpractice in Florida?
Medical malpractice occurs when a healthcare provider’s negligence results in harm to a patient. In Miami, Florida, a valid claim must prove that the provider violated the standard of care. This means their actions deviated from what a competent professional would have done under similar circumstances. Common examples include:
- Surgical errors
- Misdiagnoses
- Medication mistakes
- Birth injuries
Victims must also show that the provider’s negligence directly caused their injuries, leading to financial or personal harm.
How to Gather Evidence for a Medical Malpractice Claim
Strong evidence is essential to proving medical malpractice. Victims in Miami should gather the following types of evidence to support their claim:
- Medical records: These include treatment notes, prescriptions, and doctor’s records detailing the care received.
- Witness testimony: Nurses, staff, and other patients can provide testimony that supports the claim.
- Photographic evidence: Photos of physical injuries can strengthen the case.
- Journals: Documenting symptoms, pain, or emotional distress can show the long-term impact.
A Miami medical malpractice attorney can help subpoena additional records or arrange expert reviews to confirm whether a provider’s negligence occurred.
Expert Witnesses in Florida Medical Malpractice Cases
A qualified medical expert must review the evidence and confirm that the provider failed to meet the standard of care. These witnesses are typically doctors in the same field as the defendant and must provide a sworn statement supporting the claim. Their testimony helps the court understand complex medical issues and assess whether negligence directly caused harm. Without expert support, a medical malpractice claim in Miami is unlikely to succeed in court.
Filing a Medical Malpractice Lawsuit in Miami
Filing a lawsuit in Miami involves multiple steps and legal requirements.
- Florida law requires victims to submit a pre-suit notice and an affidavit from a medical expert before proceeding.
- The state also enforces a strict statute of limitations, generally two years from when the malpractice was discovered.
- To initiate a lawsuit, you must file a complaint with the court and officially serve the defendant.
- Victims must prepare for settlement negotiations or trial, depending on the case’s complexity.
Our Miami Medical Malpractice Lawyers Help with Proof Issues
Proving medical malpractice is a complex process, but it is a crucial component for success when seeking compensation after a medical error. The attorneys at Gerson & Schwartz, PA have decades of experience handling medical malpractice claims in Miami, Fort Lauderdale, and West Palm Beach. If you or a loved one suffered due to medical negligence, please call (305) 371-6000 or visit us online to schedule a free consultation.