There is a certain amount of proving a medical malpractice case that needs to be done when we are beginning to build a case. We are ready to take your call to set up a free initial consultation to discuss what needs to be done. In the meantime, take a look at how we frame our cases.
How Do We Prove a Breach of Duty?
Under the law, there has to be a duty of care that’s owed by a doctor. In order to prove a claim for medical malpractice, there has to be a breach of that duty of care, meaning a deviation by the medical provider below the professional prevailing standard of care. That is what a breach of that duty is. The other elements to proving malpractice are causation and proof of damages.
What is Causation?
There is a standard that we have to follow to prove damages. The plaintiff who’s bringing a medical malpractice claim has to prove that there was a breach of the prevailing standard of care by the medical doctor or the hospital that caused that person’s loss or damages. We have to prove that to a reasonable degree of medical certainty, and that’s what the causation element requires under Florida law.
What is Contributory Negligence?
In Florida, we have something called comparative negligence. Comparative negligence says that a person or an entity that’s being sued is saying that they may be responsible for this, but the person who’s bringing the claim is also responsible. If a jury finds that that person contributed to their own losses or damages by failing to heed the advice of a doctor or doing things that were contrary to medical indication and recommendations, they indeed can be held comparatively negligent.
In Florida, comparative negligence means that a jury will be apportioning fault between the medical provider and the person who’s bringing the claim. When we bring these claims, it’s not only important that we prove that there was a breach of the prevailing standard of care and that that doctor or hospital was negligent, but we also establish that our client was not comparatively at fault.
If you need representation to help with proving a medical malpractice case, please call us right away for your first free consultation.