Challenges in Successfully Suing for Medical Malpractice in Florida
By Peter J. Somera Jr. and Paul M. Silva | Published on August 3, 2011 | 0 Comments
Medical malpractice cases can be difficult for plaintiffs to argue in court since they inherently accuse some of society’s most trusted and knowledgeable professionals of being at fault. Additionally, since no medicine is guaranteed, and since patients receptivity to various types of treatments vary, proving medical malpractice can be very difficult. However, what is certain about medical malpractice cases is that if a Florida resident has been injured as a result of negligence, they will need to hire an experienced Fort Lauderdale medical malpractice attorney to ensure their case is handled properly.
Peter J. Somera, Jr. and Paul M. Silva are such medical malpractice lawyers in Florida with the law firm Somera & Silva LLP, and they say that medical malpractice cases are often the most challenging to fight. “I think it is fair to say that medical malpractice is the most complicated area of civil litigation because you have to hire medical experts and you’re suing very sophisticated defendants,” say the attorneys.
According to Somera and Silva, bringing a successful medical malpractice suit relies on several different factors, but the primary grounds for bringing a case is if a physician has provided a lower than average level of care. “A physician has a standard of care that they have to abide by,” they say, “and that’s determined by a peer or another expert that can testify that a defendant didn’t do something appropriately.”
Somera and Silva give an example in which a pregnant woman in labor goes into a hospital to give birth but the medical equipment shows that the fetal heart rate is abnormal. “At that point a nurse has to notify the doctor, and the doctor then has to examine the patient to determine if this abnormality means that the baby needs to be taken out via a c-section.” A case such as this would be time sensitive, and even if the doctor performed the entire procedure as usual but was late in operating, and the baby’s health suffered as a result, that could constitute medical malpractice. There is a secondary duty on behalf of the nurse to inform the doctor of any problems, and if the nurse failed at that duty it could also constitute grounds for a case.
However, another difficulty for a Fort Lauderdale medical malpractice attorney representing a case is that even if the doctor has been negligent, a causal relationship between the injury and the doctor’s actions must also be proven. For instance, if in the above example there was reason to believe that the baby suffered from brain damage regardless of what the doctor did, then it may not be enough to win a suit.
Ultimately, these are just a few examples of the difficulties involved in winning a medical malpractice suit in Florida, so if you or a loved one has been injured then it is of the utmost importance to contact a Fort Lauderdale medical malpractice attorney who can help tackle these challenges and win your case.
*Disclaimer: This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.