State laws limit liability for medical malpractice claims to doctors, nurses or nursing assistants, administrators, and other certified healthcare professionals who directly provide patient care. The lawsuit can also name healthcare facilities that contribute to the malpractice, such as unsanitary or unsafe conditions, as liable parties in a lawsuit.
If you sustained damages and losses because of the negligent actions of a certified healthcare professional, you must hold them responsible. A qualified medical malpractice attorney at Dannheisser Injury Law can review your case and help you understand your options for establishing liability in Sarasota medical malpractice claims.
State civil statutes require a qualified attorney to work with an eligible medical professional, then prepare and file an affidavit, called the certificate of merit, with the complaint for damages or within 90 days. According to Florida Revised Statutes § 766.104, a medical professional qualified as an expert in the field must complete and sign an affidavit. The following information must be present:
Proving liability in medical malpractice claims in Sarasota is complex, and the civil court dismisses cases missing the required affidavit without hearing them.
Florida medical malpractice statutes follow the comparative negligence doctrine, which assigns fault to each party in a suit involving shared liability. That means, even if the patient shares part of the fault for their injuries, they can still collect damages from the defendant for the percentage of liability the court assigns to the physician. They will subtract the patient’s liability from the settlement amount. While the rule protects residents by allowing them to collect compensation, building a strong case establishing the full extent of the doctor’s liability is crucial.
Proving liability in medical malpractice cases requires demonstrating that the defendant failed to provide the patient with the standard of care. Federal and state laws require that all certified healthcare professionals offer every patient the level of care, treatment, and skill that any other competent medical professional would give in similar circumstances.
Consider it a benchmark every doctor, nurse, and other healthcare provider must meet. The case must prove that the defendant deviated from the standard and the patient sustained harm due to their care.
The lawsuit must also show proximate cause, a direct link between the physician’s care and actions and the patient’s injuries. The harm would not have happened if it were not for the doctor’s actions or lack thereof.
Finally, the civil suit must show the court that the patient sustained verifiable damages due to the malpractice. Evidence may include hospital bills, expert statements, and medical records.
A lawyer skilled in proving fault in Sarasota medical malpractice cases can take the legal work off the patient’s shoulders while they focus on recovering from their injuries. That includes handling an exhaustive investigation, gathering vital evidence, and building a solid case to win damages.
Medical malpractice regulations protect patients by allowing them to hold negligent healthcare professionals financially responsible when they cause them harm. You need a tenacious attorney to help you navigate the civil court process, prove fault, and collect a fair settlement.
You have the right to pursue legal action if a certified healthcare professional caused you harm. Meet with a compassionate lawyer qualified in handling cases and establishing liability in Sarasota medical malpractice claims for more information and help with a case. Contact our firm for a consultation meeting.
