First you have to establish medical malpractice. To establish medical malpractice, or medical negligence in Florida, an injured person must prove:
- That there was a duty owed to the person by the health care professional (for example, in this case, an established patient /doctor relationship).
- That the health care professional failed to perform at the standard of medical care for that particular professional as compared to his or her peers. (negligent)
- That there was a connection between the health care professional failing to meet the standard of care, and the injury or damage that was caused to the patient. (causation)
- That there is injury or harm or damage done to the patient.
To establish negligence, the standard of medical care must be established and expert witnesses may be needed to give testimony.
Establishing causation, meaning that the injury or damage sustained was a direct result of the medical professional’s negligence of failure to meet the standard of care, may be difficult to prove, as there may be other factors contributing to the injury or damage.
In summary and to answer you question. If you can prove that your “doctor” was your doctor, and he did something or omitted to do something that was below the level of standard of care for that particular type of doctor, and that you have an injury that was sustained because of it, yes, you may have a medical malpractice case.
Jeffrey Meldon Tip: Medical malpractice cases often come down to a “battle of the experts” between the injured party’s expert witness and the defendant’s expert witness to establish standard of care, negligence or causation.
If you feel you have been injured by a doctor or someone working in a health care facility, you may be wondering if you have a case or not and if you need a lawyer.
If you have a legitimate case, with serious injuries, you will need an experienced medical malpractice attorney to navigate the powerful medical insurance world in order to be fairly compensated.
For over 40 years the experienced lawyers at Meldon Law have been helping victims of medical malpractice get compensated for the harm done to them.
If you or a loved one has experienced an injury due to medical malpractice, contact the Gainesville office of Meldon Law today. Consultations are free!
Since 1971, we have represented medical malpractice victims from: Gainesville, Ocala, Lake City, Inverness, Palatka, Inverness, Crystal River, Daytona Beach, Interlachen, Spring Hill, Dunnellon, Bunnell, Live Oak, Starke, Jasper, Cross City, Perry, Trenton, Leesburg, Lake Butler, Tavares, Chiefland, Bronson, Brooksville, The Villages and the counties of Alachua County, Marion County, Columbia County, Citrus County, Volusia County, Sumter County, Levy County, Lake County, Bradford County, Flagler County, Hamilton County, Dixie County, Gilchrist County, Union County, Hernando County, Suwannee County, Union County and Putnam County.
Remember: If you can’t come to us – We will come to you.