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How to Prove Medical Malpractice?


To prove medical malpractice there are 4 elements which entail “proving medical malpractice”

AspectDescriptionInsight from Percy Martinez, Esq
Duty of CareWhen a patient seeks assistance from a healthcare provider, it is expected that the provider will deliver care in accordance with standards.Insight: Establishing a doctor-patient relationship is fundamental. Without this, there’s no legal basis to claim that the doctor owed the patient a duty of care.
Breach of Standard of CareDetailed Explanation: This involves demonstrating that the care provided fell below standards. It focuses on practices that do not meet expectations rather than on the outcome.Insight: Proving a breach requires showing how a competent professional in the field would have acted under similar circumstances.
CausationWe must establish a connection between the breach and the resulting injury. This means proving that if proper care had been given, harm would not have occurred.Insight: Causation often poses challenges as it involves establishing a link between the breach and injury.
CompensationWhen patients suffer harm, they may experience types of damages both emotionally and financially. It is important to record and document all types of damages, such as expenses, lost income, and the pain and suffering experienced by individuals.Insight: Keeping track of bills and records provides evidence that helps evaluate the extent of the losses patients have endured.
Source: Legal Reference: Chapter 766 – Medical Malpractice and Related Matters, Florida Statutes

Case Study A Misdiagnosed Fracture in Miami

Case Summary

Daniel Rodriguez, a 28 year cyclist had an accident during a training session where he fell on his arm. Experiencing pain and limited mobility he decided to go to the emergency room at Miami Mercy Hospital. Dr. Garcia, the attending physician examined Daniel. Ordered X rays but failed to follow the established protocol for suspected fractures by not requesting lateral views of the affected area. Based on these X rays Dr. Garcia diagnosed Daniel with a tissue injury and sent him home with a sling and pain medication.

Potential Violation of Standard Medical Practice

Dr. Garcias decision to skip imaging procedures in a fracture case deviated from the recommended standard of care set by the American Academy of Orthopaedic Surgeons. In cases where wrist or forearm fractures are suspected it is crucial to conduct both lateral X rays for an accurate diagnosis. Dr. Garcias omission exposed Daniel to the risk of misdiagnosis and delayed treatment.


Weeks later Daniel continued to experience pain prompting him to seek an opinion from a specialized orthopedic clinic. The clinic then ordered X rays that revealed a displaced ulnar fracture that was missed by Dr. Garcia initially. Due to the delay in diagnosis the fracture had started healing. Required corrective surgery as well, as several months of physical therapy.

Injury Details

Daniel experienced pain and discomfort due, to a fracture that went undetected. This injury not only affected his ability to work as a freelance photographer. It also had a significant impact on his preparation for upcoming cycling competitions. He had to undergo surgery attend physical therapy sessions and face lost wages due to his work capacity.

Legal Implications

Considering the evidence it seems that Daniel has a case for medical negligence. Dr. Garcias failure to meet the standard of care in diagnosing and treating the fracture directly resulted in harm well as financial losses.

Key Points

This situation highlights the importance of factors;

  1. Adhering to established protocols when diagnosing and treating injuries.
  2. Seeking opinions when faced with doubts or unsatisfactory outcomes.
  3. Keeping records of all interactions symptoms experienced and expenses incurred.
  4. Consulting with an attorney specializing in malpractice if there are concerns about possible negligence.

This example illustrates how complex medical malpractice claims can be emphasizing the need for guidance in navigating aspects such as duty of care breach of standard practices, causation links and damages involved. It is crucial to remember that this scenario is purely hypothetical and seeking personalized advice, from an attorney is essential when dealing with actual concerns related to medical malpractice.

Just a quick note

Including Chapter 766. Medical Malpractice and Related Matters Florida Statutes, you need to consult with a top lawyer who’s well versed in Floridas system regarding such cases of medical malpractice.

Hey, Have you had a Medical Malpractice Occur?

If you believe you have been a victim of malpractice it would be wise to seek advice, from a lawyer who specializes in this area. I can guide you on whether pursuing action’s necessary or appropriate in your situation.

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