In Florida, there really is not a separate tort for medical malpractice. Instead, the tort is one for personal injury or wrongful death, and medical malpractice constitutes the negligence. A suit for medical/dental malpractice is an action in tort for the negligent infliction of personal injury or wrongful death in the course of medical treatment by someone who is considered a medical professional; i.e., doctor, surgeon, physician’s assistant.
Since medical professionals profess to have special knowledge and skills, the law holds them to the standard of a reasonably proficient physician, not simply the standard of a reasonable prudent man. In medical malpractice, the Plaintiff must establish that he was owed a duty of care by proving that there was a patient-doctor relationship, whether expressed or implied, between the Plaintiff and the physician. The Plaintiff must also establish that the physician breached his duty of care by falling below the standard of a reasonably proficient physician. Then the Plaintiff must prove that but for the negligence of the physician, the Plaintiff wouldn’t have been injured. Finally, the Plaintiff must also prove what damages were caused by the medical malpractice.
Medical malpractice claims usually involve large amounts of discovery and the following types of evidence:
- Witnesses to the incident, the plaintiff’s prior condition, and his conscious pain and suffering
- Expert medical witnesses regarding the injuries, causality, and prognosis
- Treating physicians before and after the incident
- Medical records and tests
- Surveillance films and day-in-the-life films
- Economic experts on the future damages
An action for medical malpractice may overlook expert testimony on the duty and the breach if the plaintiff can invoke res ipsa loquitur; this is rarely the case.
Recently, Florida has passed a new law invoking caps on intangible damages in medical malpractice cases. Such damages are now capped on a sliding scale system that takes the facts into consideration and awards damages between $500,000 and $1,500,000. These caps may not apply retroactively.
In order to successfully bring a suit for medical malpractice, you need to have south Florida attorney Alexis Izquierdo by your side. It is essential to have an attorney that has the resources necessary to conduct the extensive discovery process mentioned above. Mr. Izquierdo has the resources to successfully litigate cases involving medical malpractice; indeed he has done so in many occasions.
If you or someone you love has been the victim of a physician’s negligence and to arrange a free initial consultation to further discuss how we can help you through this difficult time in order to protect your rights, please contact Miami Personal Injury Lawyer / Hialeah Car Accident Lawyer Alexis Izquierdo at our Florida office today at (305) 985-7800. Se Habla Español / Spanish language services available. Our staff is ready to help you.
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