If you feel strongly that your doctor or other medical provider caused you harm, you may wonder what elements of negligence must be proven in a lawsuit if you are considering filing a medical malpractice case. In this blog, we explore what is required to prove negligence and provide working examples of the four elements of negligence in action.
What Elements of Negligence Must Be Proven in a Lawsuit for Medical Malpractice?
The elements of negligence you must prove in a medical negligence case are essentially the same as those in any personal injury claim. There are four elements that you must prove to be successful.
Duty of Care
The first element you must establish is a duty of care between the doctor and the patient. Specifically, you must show that a doctor-patient relationship existed and that the doctor owed you a certain standard of care as their patient. Proving a doctor-patient relationship is relatively easy with medical records. Additionally, you must also establish what that duty of care required of the doctor under the circumstances. In a medical negligence case, you must establish what a reasonable doctor in the same field would have done under similar circumstances. For instance, if you believe an orthopedic surgeon’s negligence during knee surgery caused your injury, you will want to show what other orthopedic surgeons in a similar scenario would have done.
Breach of the Duty of Care
Once you establish the applicable standard of medical care, you must prove that the doctor or medical professional breached that duty. In other words, they deviated from the reasonable and expected level of care. In our orthopedic surgeon example, if the surgeon left behind a foreign instrument in your leg during surgery when other orthopedic surgeons would not have, they have breached their duty.
Causation
It is not enough, however, to show that your doctor breached the standard of care. You must establish a link between the breach and your injury. In other words, you must show that the doctor’s deviation from the accepted standard of medical care directly caused your injury. In our example, you must show the orthopedic surgeon caused your injury or ailment. If the surgeon operated on your knee but you allege they injured your elbow during surgery, it may be difficult to connect the two, and your claim may fail.
Damages
Lastly, even if you can prove the doctor’s breach directly caused your injury, you must be able to show damages. In other words, you must be able to prove you suffered actual harm and financial loss due to the negligent conduct. You have no damages if you were injured during knee surgery but did not suffer any tangible harm. For example, if the injury did not cause you to miss work, accumulate medical bills, or experience pain and suffering, you may not be entitled to compensation.
Your damages can be economic and noneconomic damages, such as:
- Past and future medical expenses,
- Lost income,
- Disability,
- Loss of enjoyment of life,
- Pain and suffering,
- Loss of consortium,
- Scarring and disfigurement, and
- Emotional distress.
In cases of gross medical negligence, punitive damages may also be available to punish the exceptionally negligent doctor and deter similar conduct in the future.
If you establish all four elements, you will likely have a successful medical malpractice lawsuit. However, connecting the dots between the incident and your damages can be difficult. A seasoned lawyer can help you maximize your chance at success.
Other Requirements of the Plaintiff in a Medical Negligence Lawsuit
In addition to proving the four elements of negligence, there are other requirements a plaintiff must meet.
Certificate of Merit Requirement
If you file a medical negligence lawsuit in Florida, you must attach a certificate of merit, which a qualifying medical expert must complete. Typically, the medical expert completing the certificate of merit is a doctor in the same field as the defendant and asserts that a reasonable basis for filing the lawsuit exists.
Statute of Limitations
In Florida, the statute of limitations for filing a medical malpractice lawsuit is two years from the date of the incident or the date the injury was or reasonably should have been discovered.
However, some circumstances could shorten or lengthen that timeframe, including:
- The patient is a minor,
- There was fraud or concealment, and
- Delayed discovery.
Determining the applicable statute of limitations in your case and the deadline for initiating your case is complicated. If you file outside the prescribed window, you may be barred from recovering damages altogether. It is best to consult with an experienced medical negligence attorney to ensure you preserve your rights and options.
Florida Medical Negligence Attorney
At James Horne Law, we never treat you as just another file number. We provide compassionate and personalized attention to each of our clients. Being injured in any accident is traumatic, but being injured at the hands of a doctor you trusted is devastating. You can trust us to aggressively and compassionately advocate for you and your family. Contact us to schedule a free consultation today.
James “Jay” Horne is an AV-Preeminent rated aggressive litigation attorney, who focuses his practice on medical malpractice, personal injury and family law matters. He has successfully represented clients from case inception through trial and appeals in state and federal court. Jay was born and raised on the Suncoast. He is married and proud father to a one year old son. In his free time, he enjoys traveling, golfing and distance running during the cool months.
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