Q. What is the medical malpractice statute in Florida?
A. There are many statutes dealing with medical malpractice. Refer to chapter 766 for other statutes on point.
766.102 Medical negligence; standards of recovery; expert witness.-
(1) In any action for recovery of damages based on the death or personal injury of any person in which it is alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202(4), the claimant shall have the burden of proving by the greater weight of evidence that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider. 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.
(2)(a) If the injury is claimed to have resulted from the negligent affirmative medical intervention of the health care provider, the claimant must, in order to prove a breach of the prevailing professional standard of care, show that the injury was not within the necessary or reasonably foreseeable results of the surgical, medicinal, or diagnostic procedure constituting the medical intervention, if the intervention from which the injury is alleged to have resulted was carried out in accordance with the prevailing professional standard of care by a reasonably prudent similar health care provider.
Q. How do I know I have a case?
A. If you are a patient and are injured as a result of negligence, then you have a case. In some instances, members of the patient’s family may also have a claim. In Florida, parents can sue for malpractice if their children are 25 or under.
Q. How long does a medical malpractice case take?
A. It can take up to 3-4 years resolve a medical malpractice case. Some factors that can affect the amount of time it takes are: the number of parties and witnesses, the number of expert witnesses, the judge�s schedule, the expert�s schedule, the opposing attorney�s schedule, etc. Over 90% of medical malpractice cases settle without a trial. However, we must prepare for trial if we hope to settle a case. If you do win at trial, remember that the doctor can appeal and the case can last another 4 years.
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