Defining Medical Malpractice
Medical malpractice occurs when a healthcare provider deviates from the recognized standard of care in the treatment of a patient, and that deviation results in injury or harm. In Florida, medical malpractice is governed by specific statutes that define the responsibilities of healthcare providers and the rights of patients who have been injured by negligent medical care.
Not every unfavorable medical outcome constitutes malpractice. Medicine involves inherent risks, and not all complications are the result of negligence. However, when a healthcare provider fails to exercise the level of care, skill, and treatment that a reasonably competent provider in the same specialty would provide under similar circumstances, and that failure causes harm, a valid malpractice claim may exist.
At Roselli & McNelis, our attorneys have decades of experience evaluating and litigating medical malpractice cases throughout Florida. We understand the complexities of these claims and work with leading medical experts to build compelling cases on behalf of our clients.
Elements of a Medical Malpractice Claim
To establish a successful medical malpractice claim in Florida, a plaintiff must prove four essential elements. Each element must be demonstrated by a preponderance of the evidence, meaning it is more likely than not that each condition is met.
- Duty of Care: The healthcare provider had a professional obligation to the patient. This duty is established when a doctor-patient relationship exists, meaning the provider agreed to diagnose or treat the patient.
- Breach of the Standard of Care: The provider failed to meet the accepted standard of care. This means they did not act as a reasonably competent healthcare provider in the same specialty would have acted under similar circumstances.
- Causation: The breach of the standard of care directly caused the patient's injury. It must be shown that the harm would not have occurred but for the provider's negligence.
- Damages: The patient suffered actual harm as a result of the negligence. Damages may include medical expenses, lost wages, pain and suffering, disability, and diminished quality of life.
Failing to prove even one of these elements can result in the dismissal of a claim. This is why working with experienced medical malpractice attorneys who understand how to build each element of a case is critically important.
The Standard of Care in Florida
Florida law defines the standard of care as the level of care, skill, and treatment that, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers. The standard is not one of perfection but of reasonable competence within the provider's medical specialty.
Expert medical testimony is almost always required in Florida medical malpractice cases to establish what the standard of care was and how the defendant deviated from it. The expert must be a healthcare provider in the same or similar specialty as the defendant and must be familiar with the prevailing professional standard of care.
Florida's pre-suit investigation process, codified in Florida Statute 766.203, requires that a claimant obtain a verified written medical expert opinion confirming that there are reasonable grounds to believe the defendant was negligent before a lawsuit can even be filed. This underscores the importance of retaining qualified experts early in the process.
When to Contact an Attorney
If you or a loved one has suffered an unexpected injury or complication during medical treatment, it is important to consult with a knowledgeable medical malpractice attorney as soon as possible. Florida imposes strict deadlines for filing malpractice claims, and early investigation is essential to preserving critical evidence.
Warning signs that you may have a medical malpractice claim include a condition that worsened unexpectedly after treatment, a diagnosis that was missed or delayed, surgical complications that should not have occurred, or an infection acquired during a hospital stay. You should also be concerned if a healthcare provider has been evasive about what happened during your treatment.
At Roselli & McNelis, we offer free consultations to evaluate potential medical malpractice claims. Our trial attorneys have the experience and resources to investigate your case, retain the necessary medical experts, and pursue the compensation you deserve. Contact us today to discuss your situation.