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Understanding Proof in Florida Medical Malpractice Cases

Just about everyone can make a mistake on the job, but when doctors make an error, it can lead to serious complications and even death. Each year, millions of Americans are affected by misdiagnosis and medical errors, and some of these errors cost lives. For families forever affected by a medical misstep, navigating the Florida legal system can be challenging.

Florida law does make provisions for patients who are affected by medical malpractice. This means that if a doctor or medical care professional has made a mistake caused by recklessness or negligence, the injured party has recourse to pursue a legal case against that professional. However, there must be proof that the misdiagnosis or error was caused by recklessness or negligence.

This can pose a challenge for a grieving family. In many cases, it is difficult to get proof of negligence or recklessness in cases of Florida misdiagnosis or medical error. Medical clinics and hospitals, worried about litigation, may not be willing to share records. Doctors may be unwilling to speak out about a colleague and many doctors are protected by medical staff, insurance carriers, and professional bodies who work very hard to keep doctors free from blame.

As well, the laws surrounding medical malpractice can be very confusing. For example, in April 2011, the Florida house approved a new bill which would make it harder to hold hospitals liable and would place the burden of evidence on plaintiffs in Florida medical malpractice cases. The bill would also place stronger punishments on doctors who give misleading or untrue testimony in court. Changes such as these to medical malpractice laws can also be confusing to those affected by medical errors.

It is for these reasons that it is important for families to consult a qualified Florida personal injury attorney if they feel they have a medical malpractice case. A good attorney can thoroughly investigate the claim, find doctors who are willing to act as expert witnesses, and can guide the family through the legal process. If you feel that you may have a Florida medical malpractice suit, it is important to speak with a qualified attorney. He or she can help you seek the support you need so that you can focus on recovering from the complication.


If you have suffered a misdiagnosis or other error, contact the Flaxman Law Group to arrange for a free, no-obligation consultation that can help you determine whether you have a case. Our legal team has extensive experience helping patients in Hollywood, Homestead, Miami, and throughout South Florida. Put the Flaxman Law Group to work for you today.