When a healthcare provider’s carelessness leads to a patient’s injury or harm, it is known as medical malpractice. In Florida, pursuing a medical malpractice claim can be a complicated process that demands a thorough understanding of the state’s legal framework. Becuas it is complicated, sometimes it can be hard to get a personal injury attorney to take your case.  A skilled medical malpractice lawyer at Tucker Law is available to assist you in navigating this complex procedure. This article will outline the critical steps to establishing negligence in a medical malpractice lawsuit in Florida.

Recognizing the Components of Negligence

In order to effectively establish negligence in a medical malpractice claim, four primary elements must be proven:

  1. Duty of Care: It is necessary to show that the medical professional had a duty of care towards you, meaning they were obligated to offer an acceptable standard of medical care.
  2. Breach of Duty: You must demonstrate that the medical professional violated their duty of care by not adhering to the established standard of care.
  3. Causation: It is crucial to establish a direct connection between the medical professional’s breach of duty and the harm or injury you experienced.
  4. Damages: You must provide evidence of actual damages caused by the medical professional’s carelessness, such as extra medical costs, lost income, or pain and suffering.

Collecting Evidence to Strengthen Your Case

In order to successfully prove negligence in a Florida medical malpractice lawsuit, you must gather substantial supporting evidence, which includes:

  1. Medical documentation: Your medical records can offer essential proof of the medical professional’s actions and the injuries you sustained.
  2. Expert opinions: In the majority of medical malpractice cases in Florida, you must present evidence from a qualified medical expert who can testify to the standard of care and how the medical professional deviated from it.
  3. Statements from witnesses: Testimony from other medical professionals, patients, or family members who observed the events that led to your injury can be invaluable in supporting your claim.

Florida’s Pre-Lawsuit Investigation Process

In Florida, a pre-suit investigation process must be completed prior to filing a medical malpractice lawsuit. This process consists of:

  1. Issuing a notice of intent to begin litigation: This notice should include an affidavit from a qualified medical expert stating that there is a reasonable basis for the malpractice claim.
  2. A compulsory 90-day settlement window: Following the notice, there is a 90-day period during which both parties can attempt to reach a resolution.
  3. Initiating the lawsuit: If a settlement cannot be achieved, you can proceed with filing the medical malpractice lawsuit in court.

Tucker Law’s Role in Your Medical Malpractice Lawsuit

Handling a medical malpractice claim in Florida can be both challenging and time-consuming. The experienced medical malpractice lawyers at Tucker Law are committed to assisting you in building a solid case and obtaining the compensation you deserve. When you work with our team, we will:

  1. Conduct a thorough investigation of your case and gather all necessary evidence.
  2. Identify and collaborate with qualified medical experts.
  3. Assist you through the pre-suit investigation process and settlement negotiations.
  4. Vigorously represent your interests in court if required.

If you think you have been a victim of medical negligence in Florida, do not hesitate to contact Tucker Law at 1-800-TuckerWins for a free consultation. Allow our experienced team handling medical malpractice to help you achieve the justice you deserve.