Florida medical malpractice law involves many complex factors that malpractice lawyers must take into consideration. One of the most problematic issues surrounding malpractice cases is the need to prove that a health care provider has failed to meet an appropriate standard of care. This often proves difficult because the burden of proof is on the plaintiff. Supporting these claims often requires evidence and expertise that the average person simply doesn’t have. There are also numerous exceptions to the standard of care, any of which could potentially lift the burden of liability off of the health care provider. For these reasons, plaintiffs in malpractice cases need experienced lawyers who understand the ins and outs of Florida malpractice law.
What Constitutes a Medical “Standard of Care” in Florida?
Before you begin looking at Pensacola malpractice lawyers who might take your case, it’s helpful to know the statute governing standard of care in Florida. Statute §766.102 reads, in part, “The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
In other words, the standard of care is measured against other health care providers in similar circumstances. This means that if a doctor or other health care professional acts in a way that is discordant with what others would do in their situation, then this could indeed be a case of malpractice. Health care providers are expected to act safely, reasonably, and with caution, and to mitigate risky behaviors when it comes to patient health. As has happened too many times in the past, however, these professionals can make mistakes that can cost patients life or limb.
Experienced Pensacola malpractice lawyers are able to expertly navigate the various caveats to this general rule, which in turn could potentially affect recovery. Some of these complicating factors include existing legal presumptions, whether the injury was necessary or reasonably foreseeable, expert testimony, and more. Any health care professional is expected to conduct themselves in a fashion that complies with industry-wide standards of care. If these standards are neglected, violated, or not met in any other way, you may want to seek a malpractice lawyer before the statute of limitations makes it too late to do so.
If you have reason to believe that a doctor was negligent or otherwise failed to meet the standards of care, you may well have a case for recovery. Do not delay in beginning this process, as our state has a short statute of limitation for malpractice cases. In fact, Florida is a tricky state in general for medical malpractice plaintiffs, so you will need a knowledgeable lawyer at your side.
Attorney Joe Zarzaur of Zarzaur Law, PA is one of the foremost personal injury lawyers in the state for litigating medical malpractice. The firm has successfully represented numerous cases involving doctor negligence and standards of care, and they will fight zealously for your rights, even if it means turning down multiple settlement offers in order to make sure you get one hundred percent of what you deserve.