Medical Malpractice can simply be defined as negligence on the part of a healthcare provider as that term is defined under Florida’s statutory laws. In order to prevail in a medical malpractice case, a patient must prove that the healthcare provider fell below, or breached the prevailing standard(s) of care for that provider. The standard of care is also defined in Florida’s statutes as “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.” Hence the standard of care is for a healthcare provider to act with reasonable and prudent care – not perfect care.
Moreover, medical malpractice does not occur every time there is a bad outcome from treatment. Sometimes untoward consequences can occur in the absence of negligence on the part of the medical professional during his or her medical care and treatment of the patient. Objective critical review of the potential case is vital.
In Florida, a patient cannot bring a medical malpractice case without expert support. This means Cranshaw Brown will retain experts in the same field as the potential defendant provider to undertake a critical review of the medical records to answer the question of whether or not the provider met the standard of care, i.e., what would a reasonably competent medical professional practicing in the same field as the potential defendant do under the circumstances the provider was facing with respect to the care and treatment of the patient? In some cases additional experts are needed to make the determination whether any breach of the standard of care on the part of the potential defendant was the medical cause of the injury or damage to the patient.
Below are some of the types of medical malpractice cases we have seen and can handle in our Practice:
Failure to Timely Diagnose/Delay in Diagnosis/Failure to Timely Consult Medical Specialist:
Brain Injuries Due to Hypoxic Ischemic Encephalopathy (Loss of Oxygen):