In Florida, a medical malpractice claim can be filed when a healthcare provider’s negligence causes injury or harm to a patient. The following are the key criteria for a medical malpractice claim in Florida:
- Duty: The healthcare provider owed a duty of care to the patient. This means that the healthcare provider had a legal obligation to provide the patient with a certain standard of care.
- Breach of Duty: The healthcare provider breached their duty of care. This means that the healthcare provider failed to provide the patient with the standard of care that is expected of a reasonable and prudent healthcare provider in similar circumstances.
- Causation: The healthcare provider’s breach of duty caused the patient’s injury or harm.
- Damages: The patient suffered damages as a result of the healthcare provider’s breach of duty.
Statistics on Medical Malpractice:
According to a study conducted by the Journal of the American Medical Association (JAMA), medical malpractice is the third leading cause of death in the United States, with over 250,000 deaths occurring each year due to medical errors.
In Florida, medical malpractice claims are relatively common. According to the Florida Office of Insurance Regulation, there were 817 medical malpractice lawsuits filed in 2020, and the total payouts for medical malpractice claims in 2020 were over $440 million.
Medical malpractice claims in Florida can be complex and require the expertise of an experienced personal injury lawyer. If you or a loved one has been injured due to the negligence of a healthcare provider, it’s important to speak with a lawyer as soon as possible to understand your legal options. Contact us today to schedule a free consultation.
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