Medical malpractice occurs when a healthcare provider deviates from the accepted standards of medical care and causes harm to a patient. This can include errors in misdiagnosis, treatment, postoperative care, or the overall management of oneโs healthcare.
Proving medical malpractice is a meticulous and complex process requiring a deep understanding of medical standards and legal principles. At DWK Law, our Orlando medical malpractice lawyers are committed to helping victims of medical negligence navigate the challenging journey to justice and fair compensation. This brief guide offers a detailed look at how to prove medical malpractice, tailored specifically to the laws and regulations governing such cases in Florida.

The four essential elements of proving medical malpractice
Four critical elements must be proven to establish a medical malpractice case.
1. Duty of care
The first step in proving medical malpractice involves establishing that a professional relationship existed between the patient and the healthcare provider. This relationship sets the legal groundwork for the duty of care, meaning the provider must deliver competent treatment in line with the acceptable standard of care for a similar health care provider.
2. Breach of duty
Proving a breach of duty requires demonstrating that the care provided fell below the accepted medical standard of care. Florida Statutes ยง 766.102 specifies that expert testimony is generally necessary to establish what the accepted standard of care is and how the defendant deviated from this standard.
3. Causation
The third element involves showing causation, which means that the breach of duty directly resulted in the patient’s injury. This can often be the most challenging part, requiring clear medical evidence and expert testimony to link the negligence to the harm suffered.
4. Damages
Finally, it must be shown that the breach of duty caused quantifiable damages. These include physical pain, mental anguish, medical bills, lost wages, or reduced future earning capacity as a result of the injuries suffered as a result of the medical negligence.
Collecting and presenting evidence
Proving medical malpractice involves gathering substantial evidence, including medical records, expert witness testimony, and other relevant documentation. At DWK Law, we work closely with medical experts who will review the case, review and analyze the medical records, and testify how the defendant provider failed to meet the accepted standard of care and how this caused injury.
Expert witnesses: The keystone of your case
Under Florida law, expert witnesses in medical malpractice cases must typically specialize in the same field as the healthcare provider in question. These experts are crucial in explaining complex medical procedures to the jury and establishing how the provider’s actions were negligent.
Navigating the legal process with DWK Law
Proving medical malpractice is a daunting task that demands professional legal and medical evaluation. If you believe you or a loved one has been a victim of medical malpractice, DWK Law is here to help. With our expert guidance, comprehensive legal strategies and resources, and dedication to client care, we are equipped to help you navigate this complex process and achieve the compensation and justice you deserve.
Contact us today to discuss your case and learn how we can assist you in this challenging time.