Florida medical malpractice cases are governed by Chapter 766, Florida Statutes. Section 766.102, Fla. Stat. Provides the standard for recovery in such cases as “the claimant shall have the burden of proving by the greater weight of the 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.” Further, with regard to affirmative medical intervention, the statute goes on to say that “the claimant must … show that the injury was not within the necessary or reasonably foreseeable results of the surgical, medicinal, or diagnostic procedure constituting the medical intervention.”

This essentially means that the care provided must be reasonable under the circumstances and that a physician cannot be criticized for a medical outcome that occurs within the normal expected range of outcomes for such a procedure. Florida medical malpractice attorneys use medical experts to make these determinations for the court.

If you or a loved one believe that a medical error has occurred, please contact a Lakeland medical malpractice attorney to confidentially discuss the facts and circumstances of your case. There is nothing wrong with asking the question and seeking answers when you may be wondering why things happened the way that they did. If we believe your case has merit, one of our Lakeland medical malpractice attorneys will tell you so and will take the steps to move forward with your case.