Medical Malpractice Lawyer Miami FL
Can I bring a case against a doctor, hospital health care provider, or medical provider if they were negligent and made a mistake that led to an injury?
Medical malpractice cases are very complex and rely on a lot of facts and details, but if you are able to prove that the majority of your injury or disability was caused by a medical provider’s negligence, you can reach out to a medical malpractice lawyer in Miami, FL such as the ones available at Needle & Ellenberg to discuss your options for a case filing. In Florida, you are required to prove that the weight of the evidence points to the medical provider’s actions being inadequate as per the standard of care, and this rule is found in Florida Statute 766.102.
But what is the standard of care?
The standard of care is a term used in the medical field that describes how the provider that is treating you have to take care of you, the skill with which they must be equipped and used, and the treatment that is recognized by others in the field as being standard and acceptable in the conditions provided. The doctor or hospital must act up to standard of care and if they do not, then you can pursue a claim. If the doctor and hospital are found to have stayed true to the standard of care and experts agree with this on trial, then there is no case because your injury was most likely unavoidable.
How do you prove that your doctor is at fault for your injury or accident?
When you have to prove that somebody in the medical field did not live up to the standard of care that is expected of medical providers in their field, you have to be able to find somebody who will come forth as an expert witness in the same specialty. This person is going to testify that whatever your doctor did was negligent. So if you have a heart doctor or a brain surgeon, you will need an expert in the exact same field as them, and they will work with your medical malpractice lawyer in Miami, FL, to ensure that the expert understands what they are going to do. Essentially, the expert gets on the stand and tells the court what they would’ve done and what is considered the standard care practice for whatever they were treating.
Can the expert I use my case be any doctor? What are the requirements for medical malpractice or negligence witnesses and what is required for a doctor to be a medical malpractice expert witness?
When it comes to serving as an expert witness in a medical malpractice or negligence case, the doctor that you are considering has to specialize in the same specialty as the provider they are looking at from a professional point of view. So again, this means that if you were injured by a cardiologist, only a cardiologist can serve as an expert witness and testify for you on the stand. Your expert witness must have spent professional time during the last three years devoted to active clinical practice, consulting in the same specialty is the one they’re talking about, teaching student of an accredited health professional school or residency program, or in a clinical research program that is heavily tied to their specialty that they are talking about on the stand.
All of those are requirements because you need to make sure this expert is an actively practicing person in this field, otherwise they might be unaware of changes to the standard of care in their field.