In Florida, the standard of care in medical practice is generally defined by the level of care, skill, and treatment recognized as acceptable and appropriate by reasonably prudent healthcare providers under similar circumstances.
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:
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:
The standard of care may vary among different medical specialties and subspecialties. Healthcare professionals are generally held to the standard of care within their specific practice area, considering the specialty knowledge and skills associated with their field. In medical malpractice cases, expert testimony often establishes the standard of care. Experts, typically healthcare professionals with expertise in the relevant field, provide opinions on whether the defendant's doctor met the applicable standard of care.
Florida also has a Good Samaritan Act that protects healthcare providers who render emergency care in good faith from liability for civil damages. This law encourages medical professionals to assist in emergencies without fear of legal repercussions.