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When Can You Sue a Doctor in Florida?

on  Medical Malpractice

Sadly, thousands of Americans will suffer from injuries caused by negligent doctors this year. An injured patient or their family member might wonder whether a person can sue their doctor and, if so, when they should do it. As you will see in this article, you may have the chance to file a lawsuit against your doctor, and this right to sue starts from the moment you were injured or learned that your doctor caused your injuries. Keep reading as Miami doctor negligence attorney Prosper Shaked explains when and how you can sue your doctor in Florida.

Can You Sue Your Doctor in Florida?

One of the very first things that may come to mind after falling victim to medical malpractice in Florida may be whether you can sue your doctor for your losses. As a matter of fact, you can sue your doctor if his or her actions caused you harm in any way. All medicine practitioners must provide competent medical services to their patients and make sure they are not injured in the process.

Practicing medicine, as you may know, requires years of intense studying and training before entering fully into the field. However, this does not guarantee that a doctor will treat you well. In such a situation, you may be able to hold the liable party responsible for your losses. In other words, you may be able to file a lawsuit against your doctor if he or she caused you harm.

Common Causes of Medical Negligence Claims

When you visit the hospital to address a health issue, you expect the staff to take care of you. Such is the case for the thousands of people who visit the emergency room every year in Florida. While some people may be fortunate enough to receive the necessary treatment, others may not be as lucky. Many innocent patients are injured or die at the hands of negligent healthcare providers. Some of the most common causes of medical negligence include the following:


Infections are common whenever a person suffers an open wound. Keeping rooms and surgical tools sterile is essential to ensure a patient’s safety during surgery. However, many negligent healthcare providers, including surgeons, surgical tool technicians, anesthesiologists, and other professionals, sometimes fail to follow safety protocols. When a person undergoes surgery, their organs are exposed to the environment in the operating room. If there are bacteria in the room or if the surgical tools are not adequately cleaned, the patient can be exposed to bacteria, which in many cases can be fatal.

Wrongful Surgery

Sadly, it is not uncommon for negligent physicians to perform the wrong surgery on a patient. This is a scary scenario, especially if you are expecting to have a routine operation performed. For instance, there have been cases where a surgeon amputates the wrong limb on a patient. In other instances, a doctor may remove a perfectly healthy organ due to communication errors or mistakes in paperwork. At this point, a patient cannot recover the lost limb or organ and may have to live a life of hardship as a result of medical negligence.

Wrongful Medication

Medical negligence is not limited to errors made in the operating room. For instance, you may visit your doctor because of a mental illness requiring specific medication. As you may know, these medications – as well as any other prescription drugs – requires particular doses. A change in your prescription or a mislabeling of medication can lead to severe adverse reactions and injuries. If you were injured by a bad medication, you may have the right to file your claim against the liable party.

Suing Your Doctor in Florida

As we mentioned before, you can file a lawsuit against a negligent doctor for any harm they have caused. However, to do so, you must provide proof of the legal elements of a medical malpractice claim.

All medical malpractice claims are based on negligence. For this reason, you, as the plaintiff, have the burden to prove all the elements of negligence and provide the court with the basis of your claim. Without the presence of all these elements, you may not be able to obtain the compensation you need for your losses. The elements you must show are as follows:

Duty of Care

The first element you will need to show to the court is the duty of care. Your doctor, by virtue of the doctor-patient relationship, is bound to provide you with medical care following their profession’s standards. In other words, your doctor must act in the way that any prudent, reasonable physician would under similar circumstances.

Breach of Duty

The violation of duty can be proven by showing that your doctor steered away from what is expected of a person in his or her profession. In other words, your doctor breached their duty to provide you with professional, diligent, and appropriate medical services.


You will also need to show that your physician’s breach of duty caused your injuries. For instance, you will need to show that their medical mistakes led to wrongful surgery, wrongful medication, or wrongful death and caused your losses.


Finally, you will need to show that you suffered losses as a result of your doctor’s negligence. This can be demonstrated by providing evidence of things such as your medical bills, lost wages, and your pain and suffering.

Miami Doctor Negligence Attorney Handling Medical Malpractice Claims

If you or someone you know suffered injuries due to the actions or omissions of a careless, reckless doctor, our Miami personal injury attorney can help. At Prosper Shaked Accident Injury Attorneys PA, we understand the difficulties associated with a doctor’s negligence. That is why we strive to fight aggressively and strategically to get the compensation you deserve. Schedule a free, confidential consultation with an attorney today by calling our offices at (305) 694-2676.