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Iacobelli Personal Injury Law Blog

What is Medical Malpractice in Florida?

7/20/2023

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Medical malpractice is a type of negligence that occurs when a healthcare provider fails to provide the appropriate standard of care to a patient, resulting in injury or death. In Florida, there are specific requirements that must be met in order to prove medical malpractice.

In this article, we will discuss what medical malpractice is in Florida, the elements of a medical malpractice case, and how to find a good medical malpractice attorney.

What is Medical Malpractice?

Medical malpractice is a legal term that refers to the failure of a healthcare provider to provide the appropriate standard of care to a patient, resulting in injury or death. In order to prove medical malpractice, the plaintiff must show that the healthcare provider owed them a duty of care, that the healthcare provider breached that duty, that the breach of duty was the proximate cause of the plaintiff's injuries, and that the plaintiff suffered damages as a result.

Elements of a Medical Malpractice Case
There are four elements that must be met in order to prove medical malpractice in Florida:

Duty of care: The healthcare provider owed the patient a duty of care. This means that the healthcare provider had a responsibility to act in a way that was reasonably prudent and in the patient's best interests.
Breach of duty: The healthcare provider breached the duty of care. This means that the healthcare provider failed to act in a way that was reasonably prudent and in the patient's best interests.
Causation: The breach of duty was the proximate cause of the plaintiff's injuries. This means that the plaintiff's injuries would not have occurred but for the healthcare provider's breach of duty.
Damages: The plaintiff suffered damages as a result of the healthcare provider's breach of duty. This means that the plaintiff incurred some type of financial loss or injury as a result of the healthcare provider's negligence.

How to Find a Good Medical Malpractice Attorney
If you believe that you have been the victim of medical malpractice, it is important to speak with a qualified medical malpractice attorney. An attorney can help you understand your legal rights and options and can represent you in a legal case.

When choosing a medical malpractice attorney, there are a few things you should keep in mind:
  • Experience: The attorney should have experience handling medical malpractice cases.
  • Knowledge: The attorney should have a deep understanding of the law and the medical field.
  • Communication: The attorney should be able to communicate effectively with you and keep you updated on the progress of your case.
  • Compassion: The attorney should be compassionate and understanding of your situation.

Medical malpractice is a serious issue that can have a devastating impact on patients and their families. If you believe that you have been the victim of medical malpractice, it is important to speak with a qualified medical malpractice attorney as soon as possible.  To learn more or to request a Free Consultation contact us.

Note that some of the contents of this website and article was written by Bard, a large language model created by Google AI. You can find more of Bard's work on the Bard website.  If you have specific legal questions, consult an attorney.
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    Andrew A. Iacobelli is a personal injury attorney. Andrew is  licensed to practice law in the States of Florida, Michigan, Texas and the Province of Ontario and regularly represents victims in cross-border injury claims. Andrew restricts his practice to the representation of individuals that have been seriously injured.

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