Medical malpractice occurs when an individual suffers bodily injury caused by the negligent conduct of a physician or other medical professional whose actions have deviated from the accepted “standard of care;” the level of care that is generally acceptable by reasonable physicians in the community.
When a medical professional deviates from this standard of care and injures his/her patient, the patient (and his/her loved ones) may have a right to bring a claim against the doctor for compensation. Medical malpractice claims can also be asserted against hospitals and other healthcare facilities for inadequate training of its staff and for unsafe and/or unsanitary conditions.
The State of Florida has Medical malpractice laws tailored to limit the filing of frivolous malpractice claims while still protecting the injured patients’ rights to pursue compensation for damages resulting from the a medical provider’s negligence. In Florida, Medical Malpractice actions (and other related matters) are governed by the provisions of Chapter 766.
A unique requirement of Florida Statutes Chapter 766 is that medical malpractice plaintiffs are required to go through a pre-suit screening process prior to the filing of a medical malpractice lawsuit. This screening process includes having another peer physician, with similar experience as the medical professional in question, review the relevant medical records and certify that the plaintiff’s health care provider deviated from accepted medical practices.
Thereafter, the attorney for the injured party is then required to provide the prospective defendant physician with notice of the potential lawsuit and provide the physician, and his insurer (if applicable) with an opportunity to investigate the claim.
If you or a loved one has been injured by medical practitioner, our attorneys are pleased to offer a free consultation to discuss your case. We represent clients throughout the State of Florida. We have offices in Fort Lauderdale and Moore Haven, Florida. To contact a lawyer at our firm, call (954) 591-8261. You may also contact us by e-mail at firstname.lastname@example.org or by submitting your contact information here.