In order to recover under medical malpractice negligence laws, a plaintiff is required to prove the following elements: Duty to perform in the same manner as other like professionals in the same locality, breach of such professional duty to act, cause in fact, proximate cause and resulting damages. Florida is a comparative negligence state, however, this standard does not relieve the breaching medical professional of any liability since it is rare that a plaintiff contributes to his or her own medical malpractice liability. However, medical malpractice cases are often limited by the following difficulties:
- The probability of settling out of court is extremely low in medical malpractice cases;
- The low probability of settling outside of court requires the attorney to file suit against the tortfeasor, which is almost always extremely expensive due to discovery requirements and retaining expert witnesses;
- The causation required in the negligence standard is harder to prove since there are many other factors and/or players that may have led to your injury;
- The abundance of doctors “going bare” and protecting their assets instead of carrying insurance is unusually high in today’s economy (due to the high costs of liability insurance); and
- Even if you prove fault on the part of the doctor, your ultimate recovery may be offset by the extreme expense of litigating such tort actions as well as statutory caps on each particular medical malpractice recovery.
In conclusion, while medical malpractice cases are definitely a great area where a plaintiff can recover, these types of claims also have significant limitations. The best idea is to get multiple opinions from lawyers to determine the viability of the medical malpractice claim and/or whether your claim can fall under any special medical malpractice exceptions (such as the negligence by certain classes of medical professionals)
Contact the Attorneys of The Noble Law Firm, P.A. to assist you with your personal injury case and help you obtain the personal injury award you deserve!