Establishing Elements of a Medical Malpractice Claim | Searcy Denney

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Elements of a Medical Malpractice Claim


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Proving Medical Errors in Florida

You know your doctor made a mistake and you know you have suffered injuries. The next step is understanding that you need to meet the strict legal burdens to recover compensation for the medical negligence.

Searcy Denney has 40 years of experience recovering damages for injured patients. We have the substantial knowledge, skills and resources to prove each element of your medical malpractice claim.

What You Need to Prove

To prevail on a medical malpractice claim, you must prove each element. Regardless of whether you are suing a doctor, specialist, nurse, hospital, lab or another medical professional or entity, the basic elements are the same:

  • Your medical provider owed you a legal duty of care
  • An act or omission by the medical provider did not conform to the accepted standard of care
  • The deviation from the accepted standard of care constituted a breach of duty to you
  • The breach of duty was a direct and proximate cause of your injuries
  • You suffered damages as a result of your injuries

Understanding Direct and Proximate Cause

Proving that your doctor made a grave error is not enough, nor is proving you are injured. You must also show that your doctor caused your injuries. Our attorneys clearly and definitively link your doctor’s actions of omissions to the injuries you sustained.

The defense often tries to break this crucial link by claiming your injuries were pre-existing, caused by an intervening event or simply unrelated to the doctor’s mistake. Our lawyers anticipate these tactics and immediately lay the groundwork for disproving the defense’s assertions.

Accepted Standard of Care

Your medical provider is held to an accepted standard of care of a similarly situated professional. For example, your orthopedic surgeon would be expected to act in accordance with the credentials, knowledge and skills generally demanded of orthopedics. However, your family doctor would not be expected to possess the intricate knowledge and skills of an orthopedic specialist, but would be expected to have more general medical knowledge.

We consult with respected specialists about what constitutes an accepted standard of care within the relevant occupation. In consultation with these experts, our attorneys prove the standards within the particular profession and the manner in which your doctor fell short of those standards.

Calculating Damages

In order to collect compensation, you must prove the losses you suffered or will suffer in the future. Putting a price tag on your pain, suffering, disabilities, disfigurement and loss of the enjoyment of your life may seem impossible. We recognize that no dollar amount can replace what you truly lost.

However, every Florida medical negligence attorney at our firm is highly skilled in calculating the legal damages you are entitled to for your losses. We consider every factor that could render a higher settlement or verdict.

Learn More about Proving a Medical Malpractice Claim

Searcy Denney proves the elements of your medical malpractice claim. To discuss your claim and legal options for free, call our experienced attorneys at (800) 780-8607. Under our contingency fee arrangement, you owe us nothing if we do not recover damages for you.

Our Fee Promise: No Recovery, You Owe Us Nothing.

A Florida personal injury firm ready to fight for you.

Call us: 800-780-8607free initial consultation

West Palm Beach

Searcy Denney 2139 Palm Beach Lakes Blvd.
West Palm Beach, FL 33409-6601
Toll-free: (800) 780-8607
Phone: (561) 686-6300
En Espanol: (800) 220-7006


Searcy Denney The Towle House, 517 N. Calhoun St.
Tallahassee, FL 32301-1231
Toll-free: (888) 549-7011
Phone: (850) 224-7600
En Espanol: (800) 220-7006

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Personal injury attorneys ready to fight for you.

Searcly Law

Our Fee Promise: No Recovery
You Owe Us Nothing.

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