Under Florida law a complicated set of procedures must be completed before a medical malpractice lawsuit may be filed. In addition, the statute of limitations on medical malpractice cases is often brief. For these reasons we prefer to have an opportunity to review a potential claim as early as possible.
Medical malpractice cases require proof that the defendant healthcare provider committed negligence. Negligence in a malpractice case occurs when the healthcare provider deviates from a standard of care considered to be acceptable by similar physicians, nurses or hospitals. In addition to proof of negligence, a medical malpractice claim requires proof that the injury or death occurred as a result of the medical negligence. Simply put, this means that the plaintiff must show that but for the negligence the injury or death would not have occurred.
Florida courts demand that the proof of negligence be made through the offering of expert witness testimony. Our courts presume that only a physician may testify as to the negligence of another physician. Thus, malpractice cases often become "battles of the experts". Obtaining the services and testimony of medical expert witnesses is a major part of the service an attorney provides his client in these cases.
If you believe that you or a loved one may have a medical malpractice case contact us for a free consultation.