Medical Malpractice

Medical malpractice is defined as “[a] doctor’s failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances.” MEDICAL MALPRACTICE, Black’s Law Dictionary (11th ed. 2019). Section 95.11(4)(c), Florida Statutes, defines an “action for medical malpractice” as “a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care.”

Our personal injury page discusses the basic “elements” of every personal injury case—duty, breach, causation, and damages. But that page also specifies that each type of personal injury claim has its own unique variances. Medical malpractice—due to a significant body of law addressing this area of law—is one of the most varied and unique types of personal injury cases in Florida.

There’s a lot to cover so we broke it down into these pages:

• Burden of Proof
• Expert Witnesses
• Presuit Requirements
• Arbitration
• Medical Malpractice Statute of Limitations
• Medical Malpractice Litigation
• Settlement Agreements
• Limitation on Actions Against Insurers, Prepaid Limited Health Service Organizations, Health Maintenance Organizations, or Prepaid Health Clinics
• Florida Medical Consent Law
• Authorization for Release of Protected Health Information
• Florida’s Birth-Related Neurological Injury Compensation Plan (NICA)

If you or anyone you know needs a lawyer to seek justice in a medical malpractice case, please call us at 754-400-5150 or contact us online. Let the Law Offices of Evan M. Rosen serve you!