What is a Medical Malpractice Accident?
In Florida, medical malpractice falls under personal injury or wrongful death, with the negligence attributed to medical malpractice. A claim against medical or dental malpractice accuses a medical professional—such as a doctor, surgeon, or physician’s assistant—of negligently causing harm or wrongful death during treatment. Given the specialized expertise of these professionals, the legal benchmark they are held to is that of a reasonably skilled physician, not merely that of a prudent individual. For a successful claim, the plaintiff needs to:
- Prove a patient-doctor relationship existed, indicating a duty of care.
- Show that the medical professional didn’t meet the expected standard of care.
- Demonstrate that the negligence directly resulted in the injury.
- Establish the damages incurred due to the malpractice
Typically, medical malpractice cases entail extensive discovery and may involve evidence like:
- Eyewitness testimonies, including the plaintiff’s condition and pain.
- Expert assessments on injury causes and recovery.
- Reports from treating doctors pre and post-incident.
- Medical records and tests.
- Surveillance and post-incident lifestyle videos.
- Financial evaluations of future damages.
Involved in an Accident?
- Prioritize Safety: If possible, move to a safe location and turn on hazard lights.
- Call Emergency Services: Dial 911 for medical assistance and to report the accident.
- Document Everything: Take photos of vehicle damage, injuries, and the overall scene.
- Collect Witness Contacts: Gather names, contact details, insurance info, and license plate numbers from all involved parties.
- Seek Legal Advice: Consult an attorney to understand your rights and potential claims.
