How Do I Prove Medical Malpractice in Daytona, FL, 2024

Medical malpractice cases can be difficult to fully prove. In order to successfully argue a medical malpractice case, you and your lawyer will need to prove a number of important facts before a healthcare provider can be held liable for your injuries. Before pursuing a malpractice case, you may want to ask yourself, “How do I prove medical malpractice in Daytona, FL?” An experienced medical malpractice lawyer can help you develop your case.

How to Prove Medical Malpractice in Florida

A certain standard of care is expected of all medical professionals. When that standard of care is breached or thought to have been breached, it can change your perception and lead you to pursue a case for medical malpractice. Under state law, a medical malpractice charge cannot be given until a reasonable investigation into the accusation is completed and evidence of malpractice is found. In order to prove that malpractice has taken place, many factors must be proven:

• The healthcare provider in question owed you an agreed-upon duty of care.
• The healthcare provider failed to meet that duty of care through negligent, unlawful, or reckless behavior.
• The healthcare provider’s breach of care led directly to your injuries.

What Is Considered Medical Malpractice?

Medical malpractice, under state law, occurs when a medical professional’s treatment of you results in avoidable harm through action or inaction. It can be hard to prove in a court of law without strong evidence.

Not every medical issue that arises during the course of your treatment is the result of negligence. It’s only considered negligence if it was caused by your doctor’s reckless behavior that was not a reasonable part of your treatment plan. Here are some common issues that may be considered malpractice:

• Misdiagnosis. A misdiagnosis can be the result of a genuine error. It can also be the result of a failure to conduct the proper tests or neglect to consider visible symptoms. Regardless, a misdiagnosis can cause irreparable long-term damage, especially if the condition that was misdiagnosed turns out to be really bad.
• Medication errors. If your doctor prescribes the wrong medication for your condition, it can cause you serious damage that could lead to other conditions. If your doctor fails to consider your medical history, allergies, or the totality of your symptoms and gives you incorrect medication, that could be considered grounds for malpractice.
• Surgical errors. Surgery can leave you quite vulnerable, and a multitude of possible issues can arise during surgery. The surgeon could be tired; they could operate on the wrong area, leave surgical tools inside of you, cause accidental damage to your body, or fail to follow proper hygiene protocols. A surgical error could easily lead to a charge of medical malpractice.
• Birth injuries. Injuries that occur during the birthing process can cause permanent disabilities and other long-term damage to both the newborn baby and the mother. Complications can arise during the birth process, but doctors must still do whatever they can to preserve the safety of everyone involved. Failure to do so, especially through neglect or recklessness, could result in a medical malpractice case.

FAQs

Q: How Hard Is It to Prove Medical Malpractice?

A: It can be very hard to prove medical malpractice. Florida medical malpractice statutes require a thorough investigation be launched into the accusation before a charge of malpractice can be considered. Proving malpractice can be difficult, as it often relies on complex and intricate medical details that need to be explained in a way that a jury can understand. You will have to prove that a duty of care was agreed upon, breached, and the cause of your injuries.

Q: What Is the Hardest Element to Prove in a Medical Malpractice Case?

A: The hardest element to prove in a medical malpractice case is causation. It can be difficult to prove that the patient’s injuries were a direct result of the healthcare professional’s breach of care. There are any number of contributing factors that could’ve led to the patient’s injury, and the doctor’s lawyer will try their hardest to prove it was anything but the doctor’s negligence. It can be considerably difficult to prove the causation of negligence to injury.

Q: What Is the Average Medical Malpractice Settlement?

A: There is no telling what the average medical malpractice settlement in the state is. Every medical malpractice case is different and carries with it different circumstances unique to each individual case.

Certain factors have to be taken into consideration when figuring out a settlement, such as the evidence at hand that proves negligence, both parties’ willingness to compromise, and your lawyer’s negotiation skills, among other factors. Your lawyer will do what they can to help you get a settlement you feel is appropriate.

Q: What Constitutes Medical Malpractice?

A: In order for a case in Florida to be considered medical malpractice, an investigation has to prove that negligence was a valid factor in the case. You will need to prove that the healthcare provider in question failed to act within the established duty of care and that failure to act led directly to your injuries. It can be difficult to prove that negligence or reckless behavior caused your injuries.

Reach Out to an Experienced Medical Malpractice Lawyer Today

Facing the aftermath of a medical malpractice incident can be a stressful situation, especially if you are trying to take care of your case all on your own. It is recommended that you seek out experienced legal counsel for your case, as they can help you investigate the claim of malpractice and find evidence to support it.

The legal team at Spohrer Dodd Trial Attorneys can help you develop your case, gather the necessary evidence to support your malpractice claim, and represent your interests against opposing counsel and insurance companies. Having someone in your corner who understands the ins and outs of malpractice law can only help you. Contact us to schedule a consultation with a valued team member as soon as you can.