Curry Law Group

How Do You Know Whether You Have a Medical Malpractice Case?

Learn how Florida medical malpractice cases are evaluated based on the standard of care, causation, injuries, medical records, expert review, and presuit requirements.

•3 min read

A potential Florida medical malpractice case generally requires evidence that a healthcare provider failed to meet the prevailing professional standard of care and that the failure caused an injury or made an existing condition materially worse. Florida law places the burden on the claimant to prove, by the greater weight of the evidence, that the provider breached the prevailing professional standard of care. Before a lawsuit can be filed, the claim must go through a specialized presuit investigation and notice process with a verified written medical expert opinion.

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Key Takeaways

  • An unexpected result is not automatically malpractice.
  • The provider's conduct must be compared with the applicable professional standard of care.
  • The patient must generally prove that the breach caused additional injury.
  • Medical records and expert analysis are central to most claims.
  • Florida requires a reasonable presuit investigation before filing.
  • A verified medical expert opinion ordinarily accompanies the notice of intent.
  • Strict filing deadlines can expire before the full extent of an injury is known.

This article provides general information and is not legal or medical advice. Whether malpractice occurred depends on the applicable standard of care, medical records, expert opinions, causation, damages, presuit compliance, and filing deadlines. Reading this article does not create an attorney-client relationship.

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