Medical malpractice cases are complex and require substantial evidence to support claims of negligence or wrongdoing by healthcare providers. The burden of proof lies with the plaintiff, who must present evidence that the healthcare provider deviated from the standard of care, resulting in harm. The following elements typically serve as evidence in a medical malpractice case in Florida: Medical Records At the heart of a medical malpractice case are medical records. These typically include documentation...

Medical malpractice occurs when a hospital, doctor, nurse or other healthcare provider fails to meet the standard of care that another provider, in the same situation, with the same credentials, would have met. A patient who is seeking to prove that the medical provider was negligent must show the following elements: A duty of care. Typically, this requires showing that there is a doctor-patient relationship. The healthcare professional breached that duty of care.   The doctor’s...

Medical malpractice is a complex issue, but understanding and implementing the 4 C’s—Compassion, Communication, Competence, and Charting—can help healthcare professionals mitigate risks and improve patient outcomes. These are foundational principles that can significantly reduce the risk of medical malpractice claims and enhance the quality of patient care. As a patient or as an advocate of a patient, you should look for these four C’s as you interview or meet with your doctor Compassion Compassion is...

If you or a loved one has suffered harm due to the improper care received at a hospital, or by a doctor, or other healthcare worker, you know how life-changing it can be. Surgical errors, birth injuries, delayed diagnoses or misdiagnoses, drug interactions, and other harms happen when medical professionals engage in medical malpractice. Read on to learn more about what you must prove in a medical malpractice case and how a Ft. Lauderdale medical...

The outcome of a medical malpractice case is influenced by a number of factors. These include: The severity of the harm suffered by the patient. The strength of the evidence supporting the legal claim. The experience and skill of the attorneys involved in the case. The laws governing medical malpractice in the State of Florida. The Severity of the Harm The severity of the harm is a critical issue in the outcome of a medical...

Imagine that your only child, an unmarried, childless, daughter aged 26, has died due to medical malpractice. Or turn that around and imagine that you, a widow, have died due to medical malpractice, leaving behind your 26-year-old daughter. Did you know that due to a current Florida law, neither one of you would have legal recourse against the doctor who caused harm? How can that be? Florida’s wrongful death statute specifies who can sue for...

There is a wealth of scholarly research that demonstrates that minorities in the United States suffer disproportionately from untreated or poorly treated health problems. Here are just some examples: A Harvard Medical Practice Study found that there were significant differences between hospitals that serve a predominantly minority population and other hospitals. Specifically, the study found that blacks were more likely to be hospitalized at institutions with more adverse events and higher rates of negligence. According...

When people seek medical care, they expect to be attended by experts. However, people of color frequently experience different, more unfavorable patient safety outcomes.  These negative outcomes can be attributed to differences in the quality of hospital patients’ access, according to a Robert Wood Johnson Foundation analysis assessing the state of racial disparities in the quality and safety of inpatient care. The study found that patients of color have a greater likelihood of misdiagnosis or...