Hospital negligence is a silent killer that causes the death of many patients every year. It also causes disability and injury to others. Fortunately, the law allows you to seek compensation if a hospital’s negligence caused your injury.
You probably wonder, How do you prove when a hospital is negligent? Proving hospital negligence can be a complex and challenging process. In this article, the attorneys at Senior Justice Law Firm discuss how to prove hospital negligence in Florida.
What Is Hospital Negligence?
Hospital negligence is any action by a hospital that falls short of the established standards of care in the medical profession. Under Florida’s medical malpractice laws, the victim has to prove, by a preponderance of the evidence, that the actions of the hospital or health care provider represented a breach of the prevailing professional standard of care. They must then prove that the breach caused their damages.
What Is a Hospital’s Standard of Care, and When Is There a Breach?
Florida hospitals have to provide a certain standard of care to their patients. The standard of care is defined as the level of care, skill, and treatment that a reasonably prudent hospital would provide under similar circumstances.
What does this mean, practically speaking? Hospitals must ensure they properly train their staff members so that they can perform their duties sufficiently. Hospitals must also provide a safe and clean environment for patients. This includes maintaining equipment and facilities and following established protocols and procedures for medical treatment. Finally, hospitals in Florida are required to maintain accurate medical records and to communicate effectively with patients and their families.
Hospitals breach their standard of care when they don’t provide the level of care or treatment of reasonably prudent medical professionals. For example, a hospital breaches its duty of care if it doesn’t properly clean the facility and a patient contracts a disease.
Causation: The Crux of Your Case
Once you have proved a hospital breached its standard of care, you must show that the hospital’s breach of care led to your injuries. In Florida, an injured patient must prove that the hospital’s negligence was the cause of their injuries to establish causation. This means you must show that the hospital’s negligence was the primary cause of your harm.
How do you prove causation in court? There are several ways, including through the use of medical records, expert testimony, and documentary evidence. You’ll likely need the testimony of another medical professional. Hiring a skilled and experienced attorney who can help you gather and present the evidence you need to prove causation in a hospital negligence lawsuit is essential.
Damages
You must also prove that this incident resulted in damages. Your damages may include the following:
- Additional medical treatment costs,
- The cost of visits to outside medical professionals,
- Lost wages, and
- Pain and suffering.
However, if you didn’t have any damages due to the hospital’s negligence, you won’t be able to bring a case.
Looking for Legal Assistance Regarding Hospital Negligence? We’re Ready to Help
Now you have an idea of how to prove hospital negligence in Florida. But learning about how to prove medical negligence in a hospital and actually proving hospital negligence are two different things. If you’re ready to take on the hospital that harmed you, then contact Senior Justice Law Firm. We are a team of outstanding legal professionals with decades of collective experience handling hospital negligence cases. Thanks to our extensive experience and professionalism, we have recovered millions of dollars in jury verdicts and settlements for our clients. Let us represent you and fight for the compensation you deserve. Contact us today at (888) 375-9998 or via our website.