LEGALLY REVIEWED BY
Michael Hersh and Ian Kirtman, Trial Attorneys
October 24, 2024
Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.
✓ Fact Checked
✓ Editor
When you see a doctor or seek medical help at a hospital, you expect to receive appropriate medical care and feel better when you leave, not worse. Unfortunately, when a medical professional is careless, their negligence can lead to a patient’s injury or death. If you have been harmed due to medical malpractice, you must understand how the “standard of care” can affect your claim as you seek justice for your losses.
At Hersh Kirtman Injury Law, our team of personal injury lawyers has extensive experience helping clients who have been harmed due to a medical professional’s negligence. When filing a medical malpractice claim, one of our trusted lawyers will investigate the claim and in the event medical malpractice occurred, collect the key evidence to prove that the at-fault party’s actions that caused your injury fell below the standard of care that applies to the medical professional who caused the harm.
Proving That the Standard of Care Was Not Met in a Medical Malpractice Claim
Medical professionals are expected and required to uphold a certain standard of care to ensure they are providing patients with the best possible treatment. The standard of care is a benchmark the medical professional must meet in providing patients with appropriate care and treatment. If you have suffered due to medical negligence, it is important you understand how the standard of care may affect your claim as you pursue compensation for your injuries.
When a medical professional like a doctor or nurse injures you, the law does not automatically deem them responsible for the harm and losses you have suffered. Instead, the doctor or hospital or other medical provider is only liable for your injuries and losses if you show that the provider failed to meet the applicable standard of care.
In Florida, the standard of care in a medical malpractice claim is defined by Florida statute 766.102 as “the 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.”
Whether a medical provider met the standard of care involves a detailed analysis of the medical records, the treatment and care provided, and the outcome. Determining whether the standard of care was breached requires involvement of medical experts, who your lawyer will consult with and work with as part of the investigation and course of the case. Proving a medical malpractice claim requires providing evidence of the four elements of negligence. These elements are as follows:
- The medical professional owed you a duty of care
- The duty of care was breached by the medical professional
- The breach of duty led to your injury
- You have suffered losses as a result
The duty owed is the applicable standard of care. Proving the standard of care and that it was breached is required in your medical malpractice claim.
Can You Collect Damages After a Medical Malpractice Claim?
If medical malpractice leaves you injured, your recovery process may result in costly expenses among other harm. You may have the right to file a claim to pursue the compensation you are owed for your losses.
The damages you may be eligible to collect after a medical malpractice claim include the following:
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering and other non-economic harm
Your lawyer can help you understand how much you may be owed in damages based on the details of your unique claim.
Build a Strong Medical Malpractice Case With Hersh Kirtman Injury Law
Suffering an injury due to medical malpractice can be physically and emotionally traumatizing as you try to recover and seek justice for your losses. To ensure that the liable party is held responsible and you fully understand your legal options, our lawyers can help you file a medical malpractice claim to get the compensation you deserve.
At Hersh Kirtman Injury Law, we provide clients with the trusted representation they need to build a strong claim after a medical professional causes their injuries and losses. To schedule a free case evaluation with one of our medical malpractice lawyers, contact us today by filling out our contact form or giving us a call at (561) 208-3700.
