What proof is required to determine medical malpractice?

Florida law recognizes that healthcare professionals are held to a standard of care that reflects the prevailing professional standard within the relevant medical community. It includes adherence to established protocols and the prevailing norms within the relevant medical community. For determining medical malpractice, proof of the following is necessary:

• duty of care
• breach of duty of care
• evidence of damages
• professional analysis
• relevant documentation
• causality between malpractice and injury

Establishing a medical malpractice claim

Being dissatisfied with the treatment’s outcome does not mean you have a viable malpractice claim. Suppose your doctor followed the standard course of treatment and provided the care a reasonably competent physician in the same practice area would have provided. In that case, you won’t have a malpractice claim even if you are unhappy with the results. For a successful malpractice claim, the following elements must be met:

• A clear doctor-patient relationship
• An established level of care
• Breach of the expected care level
• Injury or harm caused by a breach of duty

The standard of care may vary among different medical specialties and subspecialties. Generally, based on their knowledge and skills, healthcare professionals must adhere to the standard of care within their specific practice area. Expert testimony from competent caregivers in the relevant field establishes the standard of care in most medical malpractice cases. These experts express opinions on whether the defendant's doctor met the applicable standard of care.

Florida's Good Samaritan Act protects healthcare providers who assist in emergencies in good faith from liability for civil harm, ensuring that medical professionals can give emergency care without fear of legal repercussions.