When you pursue a medical malpractice claim, you must demonstrate that your healthcare provider failed to live up to the professional standard of care. Your doctor’s acts and omissions are compared to what a reasonably competent provider with similar training would have done under similar circumstances.
A breach of the standard of care can give rise to a malpractice claim, and your doctor can be held liable for damages that occurred as a direct result of the breach. Determining whether a breach happened is often a highly technical process, which is why you should turn to Diaco Law to help.
Dr. Dan Diaco has a medical degree as well as a law degree, and our team has over 35 years of experience handling malpractice claims, so we’re uniquely qualified to help you build a strong case and pursue damages.
1. The Legal Definition
Florida statute section 766.102 defines the standard of care as follows:
“The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
This means that your doctor’s behavior is compared to what a similarly qualified doctor would have done under the same circumstances. Doctors are not expected to be perfect. But they are expected to be reasonably competent based on their training and experience.
2. How the Standard Varies
The standard of care looks at the totality of the circumstances, including:
- The medical specialty of the doctor: A surgeon is compared to a reasonable surgeon, a cardiologist to a reasonable cardiologist, and so on. A cardiologist would be expected to be better at recognizing heart attacks than a primary care doctor.
- Available resources: The circumstances in which the doctor is working also matter. For example, a small rural hospital with limited resources would be held to a different standard than a specialized urban trauma center.
- The complexity of the condition: If a patient has an unusual presentation or a rare condition, this is treated differently than more straightforward conditions that are easier to diagnose
The challenge inherent in demonstrating the appropriate standard of care is one reason why medical malpractice cases can be so complicated.
3. Proving a Breach of the Standard
Plaintiffs must prove a breach of the standard of care occurred to win a malpractice claim.
In some cases, a legal doctrine called res ipsa loquitur applies. This is Latin for the thing speaks for itself. The doctrine applies in cases where it is so obvious that medical negligence happened that simply describing the events is generally sufficient to prove negligence.
Examples of situations where this would apply include when a surgeon leaves a surgical instrument inside a patient.
Outside of these circumstances, demonstrating a breach of the standard of care is highly technical, so expert testimony from medical experts is required.
4. The Four Elements of a Malpractice Claim
Finally, plaintiffs must establish four elements of a malpractice claim to recover compensation in Florida. They must show:
- The doctor had a legal obligation to them. This is created when there is a doctor-patient relationship
- The healthcare provider breached the duty. This is where the plaintiff must prove the doctor fell below the standard of care.
- The breach caused harm. This involves showing that the doctor’s failures had a direct negative impact on the plaintiff, such as causing their condition to get worse.
- The plaintiff suffered damages. This can include medical bills, lost wages, pain and suffering, and emotional distress.
Diaco Law can help you to prove all of these elements of a malpractice claim and can help you comply with Florida-specific requirements for a malpractice lawsuit, including providing the mandatory pre-suit notification. Give us a call or contact us online today to schedule a free consultation with a Florida medical malpractice lawyer to learn more.