Is this medical malpractice? What is the standard of care in Florida?

Succeeding in a medical malpractice case in Florida is difficult due to the need to prove a breach of the standard of care, substantial damages, mandatory expert testimony, pre-suit requirements, strict time limits, and high costs. Consequently, many cases are not actionable * The Law Office Of Roger P Foley acknowledges the difficulty of these cases, acknowledges their limited experience, and works with attorneys more knowledgeable and seasoned so that the client/patient or their family receive the best result possible. The client comes first.
Tests to help diagnose gout :
Joint fluid test.
Blood test.
X-ray imaging.
Ultrasound.
Dual-energy computerized tomography (DECT).
Medical malpractice in Florida is governed by specific statutes and legal precedents that establish the framework for bringing a lawsuit against healthcare providers. This overview addresses the key elements required for a successful medical malpractice claim, including the standard of care, necessary damages, expert testimony, and relevant statutes.
Standard of Care
In Florida, the standard of care refers to the level of care, skill, and treatment that is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers under similar circumstances. This standard is not static and may vary depending on factors such as the patient’s condition, the medical resources available, and the medical specialty involved.
Florida Statutes §766.102 specifically outlines that a healthcare provider is expected to act within the standard of care that a reasonably prudent healthcare provider in the same field would under similar circumstances.
Necessary Damages
To bring a medical malpractice claim in Florida, the plaintiff must demonstrate that the healthcare provider’s deviation from the standard of care caused significant harm. Notably, the damages in medical malpractice cases often need to be substantial, typically amounting to $1 million or more. These damages can include:
* Economic Damages: Such as medical bills, lost wages, and the cost of future care.
* Non-economic Damages: Such as pain and suffering, emotional distress, and loss of companionship.
Florida has specific caps on non-economic damages, particularly in cases involving wrongful death or catastrophic injury, which can affect the total recovery in a lawsuit.
Expert Testimony
A critical requirement for pursuing a medical malpractice lawsuit in Florida is the necessity of expert testimony. Before a lawsuit can be filed, the plaintiff must obtain a verified written medical expert opinion from a qualified expert stating that there are reasonable grounds to believe that medical malpractice occurred.
Florida Statutes §766.203 outlines this pre-suit investigation process, which includes:
1. Pre-suit Notice: The claimant must notify each prospective defendant of the intent to initiate litigation for medical negligence.
2. Verified Written Medical Expert Opinion: This opinion must corroborate reasonable grounds to support the claim of medical negligence.
The expert must be a healthcare provider with qualifications that match or exceed those of the defendant, ensuring that the opinion is credible and relevant.
Bedside Manner
It's essential to understand that poor bedside manner alone is insufficient to constitute medical malpractice. While a physician’s rudeness or lack of empathy may be upsetting, it does not meet the legal threshold for a claim unless it directly results in harm due to a deviation from the standard of care. The core of a medical malpractice claim lies in proving that a healthcare provider’s negligence directly caused significant injury or damages to the patient.
Bringing a Medical Malpractice Claim in Florida
To bring a successful medical malpractice claim in Florida, the following steps are typically necessary:
1. Determine if there was a breach of the standard of care.
2. Demonstrate that the breach caused significant damages, often exceeding $1 million.
3. Obtain a verified written medical expert opinion to substantiate the claim.
4. Follow the pre-suit notice requirements as outlined in Florida Statutes §766.106.
5. File the lawsuit within the statute of limitations, generally two years from the date the incident was discovered or should have been discovered, but no more than four years from the date of the incident, as per Florida Statutes §95.11(4)(b).
Failure to meet these stringent requirements can result in the dismissal of the claim, underscoring the importance of thorough preparation and expert legal guidance.

[@itumblers]

The medical system is terrible. Going through something of my own personal experience with a hospital now. They will never accept blame just to avoid a lawsuit, even when it’s obvious they are in fault.

[@montanagal6958]

I work for one and you are correct.

[@sixoaksfarm1556]

Since the opioid problem went deep into society, they treat everyone like a drug addict. I went to the ER few months back on a weekend. Had an infected tooth and an infected ear, same side and at the same time. pain was 10/10. And they wanted to give me 800mg of Tylenol. I asked for 2 painkillers to get me through the weekend tilI could get to my dentist Mon or Tue. By then I hadn't slept in 2 days. I even told them that in the past Ive had to break them in half because theyre too much for me. Clearly Im no drug addict... Thats all I asked and they wouldnt do it. Now I got a $600 ER bill and they literally did nothing to help me. Were all drug addicts now. Ask any Dr.

[@melissaa152]

Only a $600 ER bill? Wow! You got off cheap. I’ve heard of ER bills where nothing is done where the individual got slammed with bills in the thousands.

[@pennywebb9546]

4000 for an xray of my foot in an urgent care for the dr to twist my foot both ways and to tell me not broken.

[@smith899]

Yep! I had a wicked UTI. The doctor gave me antibiotics and six pain meds to get me over the worst of it. Well, during covid, our government decided to call pharmacists “medical providers” which gives them the right to refuse dispensing medicines. The pharmacist refused to give me the pain meds.

[@EspressoBaby]

You speak so much truth. We ALL must have an advocate with us during any and all medical encounters. My story is too heartbreaking to share. I am the squeaky wheel in the family, and I'm their go-to for these issues. Thank you so much sir, for caring enough to put this out there. God bless you 🤝

[@mrsjamessmom9044]

I was a clinic nurse for 30 years, now retired. I have thought about going back to work as a patient/family advocate for this exact reason. Oh and yes not testing uric acid levels along with other labs like a CBC (would have pick up a clue about infection), and inflammation markers, is reckless. Especially in geriatric patients. On a more personal note, I've cared for my parents and recently my mother in law at the end of life, and it ain't easy when it's your own folks. It helps if you can share the duties with a sibling or qualified help. I wish you all the best with your father. You're a good son.

[@Grungefan2018]

Yes, with the opiate paranoia, they seem to have forgotten that if you don’t treat severe acute pain, it can turn into chronic pain. They know this and if it was their family member, they wouldn’t do the things that they’re doing now like giving Tylenol after surgery or Ketorolac for 9 out of 10 pain.

[@Bobrogers99]

I've had one experience with Florida's emergency non-treatment. I've since figured out that my problem was caused by dehydration. The only medical care I received was from the EMTs in the ambulance, who put me on a IV. The triage nurse was on the ball, but nobody else seemed to be. After lying in a treatment room for two hours and being ignored, I said I wanted to go home. A doctor saw me just long enough to sign the discharge form. Medicare was billed over $6,000 for this fiasco. Fortunately, they disallowed most of it.

[@montanagal6958]

I would suspect the doc that cut his toenails, introduced a possible infection....but you will never be able to prove it. I'm an RN, people need advocates when they go into the hospital. If you are an attorney and can't be there, ask whoever is there to record and take notes with a notebook and pen in hand, when the staff esp. MD's come into the room and let them know "his son is an attorney". I also do not recommend signing a DNR. Without an advocate, you will not receive pain meds.

[@sbaker3232]

The Flexner Report of 1910 transformed the nature and process of medical education in America

[@barbaravyse660]

Twenty years ago when my dad was in the hospital in Miami dying of cancer, my mom, sister and I took turns chasing down the nurses for my dads meds and liquid food which was delivered by the pharmacy. If you don’t have someone advocating for you and being as pushy as hell, it’s not good. Then five years ago I was in the ICU with a brain aneurysm and was the only patient who was functional and it still took the nurses forever to come when I called them. My family had to hire someone to sit in my room and chase them down when I needed something.

[@thelawofficesofrogerp.fole7886]

Sad and disturbing.

[@Prettypeachylife]

Why is there only one anesthesiologist?! That’s outrageous.

[@luann9052]

yes. In Arizona we have the incompetence too. Going through it is unbelievable.

[@davidjackson4606]

I can see why your a good lawyer from this episode 😄

[@RRonco]

If your dad doesn't have dependent children under the age of 25, you don't have a case for medical malpractice in the State of Florida. Florida is insane.

[@grumpyoldlady_rants]

It’s far easier to block pain than to get rid of it once it starts. There should have been an order already placed for pain meds. Good grief. I can see why you’re angry.

[@blueatlantic2823]

Criminal! I'm so sorry for your dad. And for all that you are going through.

[@barbie3139]

Exactly. After a procedure, you have to get ahead of the pain. I agree there is great incompetence Have lost love ones as a result.

[@letsgo9901]

God Bless ! 🙏💜✝️🕊

[@tommy33177]

I can agree with every statement this man has said. I been in and out of hospitals and doctors and they DO NOT HAVE A FUCKING CLUE.

[@chrisstewart5992]

I hope your Dad is doing better.

[@user-kq3oq2ry1n]

Trust Your Doctor! Aren't these the people...isn't this the industry...aren't these the prudent people who just violated the Hippocratic Oath, "First Do No Harm" on about 7 Billion people? Trust Your Doctor!!!

[@johnhobbs7697]

Thank you😊

[@smith899]

Yep! I went to the doctor with extreme abdominal pain. I was told it was diverticulitis. He put me on meds. It seemed to work. Four months later, same thing. No tests. No one asked what I had been doing. (Taking care of my elderly mother with dementia. Sadly, because the brain deteriorates, so do their hygeine skills.😢) Again, it seemed to work. Four more months, I was hospitalized for eight days and they were thinking I’d have to have my intestines removed and live with a colostomy bag. I had C Diff…probably caught a year earlier from taking care of my mother. The earlier “treatments” actually made my body ripe of C Diff to take over my body.😢 Over the next month, I took over 300 antibiotic pills (three different types) but they did not kill the C Diff. Look up what FMT is! 🤮 Believe me, you will try ANYTHING to get rid of C Diff! My GP almost killed me. Not intentionally. Just guessed at what was wrong. I had to have a colonoscopy because of the FMT and was told I did not have diverticulosis so I could not have had diverticulitis.

[@amethystflower8799]

Circumcision is the most common surgical procedure in the US. It is often performed with out the consent of the patient for no good reason and no Anesthesia. It's barbaric.

[@beckysanders2935]

Oh good lord!!!!!!! This is horrible!! WTF?! I would be on the phone with the patient advocate, this is totally unacceptable!

[@KevinHale-vq2xr]

Thx but that is criminal in my opinion

[@sanjosemike3137]

I'm not at all clear on this. Gout can be diagnosed by hyperuricemia by a blood test. It is also possible to diagnose it by taking a sample of fluid from the joint and examining it for crystals of uric acid. There are medications that help this condition, and I have used them to treat patients for years. If there is a need to amputate, it is usually due to a disease of loss of circulation to the extremity. This is diagnosed by establishing the dorsalis pedis and posterior tibial pulses and performing tests to establish the degree of loss of blood supply to the foot. We would often see this kind of damage for smokers and ex-smokers. If this has become a circulatory emergency, I would guess that your father is an ex-smoker. Sometimes alcohol predisposes people to gout attack. Is your father a closet alcoholic? Sometimes you might not know. Does he take care of himself? What about dehydration? I'm not sure who dropped the ball. The podiatrist is usually very well equipped to diagnose a gout attack. As well as evaluate the patient's circulation. The kidney doctor would probably not check the foot. But would likely do tests to find out the uric acid level. There is some missing data here. Before you declare incompetency, it might be well for you to check to see if your father is drinking heavily. I have seen this. Family members are often the last to know. Sanjosemike (no longer in CA) Retired surgeon

[@thelawofficesofrogerp.fole7886]

Thanks. We are acquiring records. And those are the facts. Dad has never drank.

[@sanjosemike3137]

@@thelawofficesofrogerp.fole7886 There is a system that can be used to assess error and competency in treatment, as well as patient "contribution" to the problem. It is called: Digital Chart Audit(TM). If you wish, I can frame his records into this "point value system" that will balance the various features to help you determine if you wish to continue with legal action against any of the providers. If any are culpable, this system will directly identity the degree to which they are, with point values. I invented it and have used it for attorneys who have hired me. I am retired and charge very reasonable fees. I can provide you with references. Let me know if you want me to contact your office. This particular case is well within my specialty. Sanjosemike (no longer in CA) Retired surgeon

[@pinkrubix]

Doctors in FL are very well protected against even legitimate malpractice claims and suits. If he has ongoing health problems, I'd try to get him to move out of that state.

[@pennywebb9546]

Not true, I do med mal ins and many FL drs are not insured at all. All they have to do is hang a notice in their office and those who are insured only carry 100k/300k limits

[@pinkrubix]

@@pennywebb9546 I'm not talking about insurance, I'm talking about laws.

[@terry_willis]

Are you using a green room background or are you really driving a car? I ask because you keep taking your hands off the steering wheel, and, you are talking/preoccupied and not really paying attention to driving. Do your video in an office or your backyard, please.

[@davidmajer3652]

You are a good son, and post excellent content, but maybe you should not be so trusting of having surgery done. After all is said and done, maybe you should have gotten a second opinion.

[@thelawofficesofrogerp.fole7886]

This was the third opinion. The first two apparently missed the boat. Plus parents don't always listen to to their children.

[@SwimminWitDaFishies]

The legal system is just as bad ... clients do all the legwork on their case, and then their lawyer charges them big time for all of the "work" they did (not) actually do! More people need to know they can dispute their legal bill. As for doctors, they are all about alliances with big pharma. They are not about being pro-active. They are all about "don't ask, don't tell" ... the most aggravating thing a doctor says is "Do you have any questions"?

[@jenndavin]

I could have a great conversation with you. I've got stories...lots of stories.

[@alexkx8599]

Well, if people wouldn't take.a bioweapon for health care...

[@dianayount2122]

terrible story

[@sveronih5376]

Care in California is atrocious!