You turn to doctors and hospitals during some of life’s most vulnerable moments, trusting them to provide the care you or your loved one needs. When that trust is broken by negligence, the consequences can be life-changing. If a healthcare provider’s negligence led to a devastating loss, you may be searching for answers—and accountability.

Holding a medical provider responsible is not as simple as pointing to a mistake. Medical malpractice cases are complex, requiring strong evidence and a strategic approach to prove what went wrong and why. Proving a medical malpractice claim in Plantation, FL, involves five key steps, each of which plays a critical role in demonstrating that negligence occurred.

Continue reading as a Florida medical malpractice attorney from Cohen and Juda, P.A. explains what you need to know.

Florida’s Pre-Suit Requirements

Before discussing the five key steps to proving a medical malpractice claim, it’s important to know that Florida has strict pre-suit requirements. Under Florida Statutes § 766.106, you must conduct an investigation, obtain a medical expert’s opinion, and notify the provider before filing a lawsuit.

You must meet these requirements before a lawsuit can move forward. We’ll cover them in detail later, but first, let’s break down the five critical steps to proving your case.

Step 1: Establishing a Doctor-Patient Relationship

The first step in any malpractice case is showing that the medical provider had a duty to treat you. This means proving that a doctor-patient relationship existed, which establishes their legal obligation to provide appropriate care.

Evidence of this relationship typically includes:

• Medical records showing treatment
• Bills or insurance claims for services
• Appointment confirmations or prescriptions

This step ensures that the provider had a legal duty to care for you and distinguishes malpractice claims from general medical advice or informal consultations.

Step 2: Establishing the Standard of Care

In Florida, medical professionals must meet a recognized standard of care, which refers to the level of skill and treatment that a competent provider would offer under similar circumstances. The law defines this as:

“That level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” (Florida Statutes § 766.102)

Proving the standard of care typically requires expert testimony from a qualified medical professional in the same field as the provider being accused of negligence. They will assess what should have been done and whether the care you received deviated from accepted medical practices.

Step 3: Proving Negligence

Once the standard of care is established, the next step is proving that the healthcare provider failed to meet that standard. Negligence in medical malpractice cases can take many forms, such as:

• Misdiagnosis or delayed diagnosis – Failing to diagnose a condition in time for effective treatment
• Surgical errors – Operating on the wrong site or leaving surgical instruments inside the body
• Medication errors – Prescribing or administering the wrong medication or dosage
• Failure to follow proper procedures – Ignoring established protocols for patient safety

To prove negligence, you must present evidence such as medical records, expert opinions, and witness testimony that demonstrate how the provider’s actions fell below the expected standard of care.

Step 4: Proving Causation

Even if a doctor made a mistake, you must prove that their negligence directly caused your injury. This is often one of the most challenging aspects of a medical malpractice case.

For example, if a patient’s condition worsens despite treatment, the defense may argue that the progression of the illness—not the doctor’s negligence—caused the harm. To counter this, you must present medical evidence and expert testimony showing that the provider’s actions (or lack of action) directly resulted in your injury or worsened your condition.

Causation often involves:

• Reviewing medical records before and after the negligence occurred
• Comparing your outcome with what would have been expected under proper treatment
• Securing testimony from medical experts who can confirm the link between the error and the harm suffered

Without clear causation, even a clear medical mistake may not be enough to win a case.

Step 5: Proving Damages

The final step in a malpractice claim is proving that the negligence caused measurable harm. This goes beyond showing that a mistake occurred—you must demonstrate how the error negatively impacted your life.

Common damages in Florida medical malpractice cases include:

• Medical expenses – Costs for additional treatment, rehabilitation, or corrective procedures
• Lost wages – Time missed from work due to the injury
• Pain and suffering – Physical pain, emotional distress, and reduced quality of life
• Long-term disability – Permanent injuries affecting your ability to work or live independently

Documenting these losses with medical bills, employment records, and personal testimony is essential. The more evidence you have, the stronger your case will be.

The Role of Expert Testimony in Your Case

Medical malpractice claims rely heavily on expert testimony. Florida law requires plaintiffs to present testimony from a qualified medical professional who can explain how the provider’s actions deviated from the standard of care and how that failure caused harm.

Under Florida Statutes § 766.102, only a similarly licensed and trained healthcare provider can testify as an expert. This testimony serves two critical purposes:

• Establishing what a competent doctor would have done under the same circumstances
• Explaining how the defendant’s actions—or failure to act—led to injury

Without expert testimony, proving a malpractice case is nearly impossible. Florida courts often dismiss claims that do not include an affidavit or deposition from a qualified medical expert.

Florida’s Pre-Suit Requirements for Medical Malpractice Cases

As mentioned earlier, before filing a lawsuit in Florida, you must follow specific pre-suit procedures outlined in Florida Statutes § 766.106. These steps include:

• Conducting an investigation – You must have a reasonable basis for believing malpractice occurred.
• Obtaining a written medical opinion – A qualified medical expert must confirm that the case has merit.
• Providing notice to the healthcare provider – Before filing a lawsuit, you must notify the provider of your intent to sue and allow time for a response.

These requirements add time to the legal process, but they are mandatory for pursuing a malpractice claim in Florida.

Building a Strong Case

Medical malpractice claims are complex and require substantial evidence. If you believe a healthcare provider’s negligence caused serious harm, gathering records, securing expert opinions, and following Florida’s legal procedures are all critical steps. Taking the right approach from the beginning can make a significant difference in the outcome of your case.

Holding the Right People Accountable Matters

When medical malpractice leads to a devastating loss, no legal action can change what happened—but holding the right people accountable can bring clarity and a sense of justice. At Cohen and Juda, we understand how difficult this time is, and we are here to guide you through the legal process with compassion and determination.

Since 1999, Attorneys Harvey Cohen and Gary Juda have fought for families across South Florida who have suffered unimaginable losses due to medical malpractice. Our firm takes a thorough approach, working to uncover the truth, gather critical evidence, and hold negligent medical providers accountable.

Florida law limits the time you have to file a claim, so don’t delay taking action. The sooner you begin, the better the chance of securing vital evidence and building a strong case.

Your search for “medical malpractice attorneys in Florida” and “personal injury law firms near me” brought you to this blog. Take the next step and call us at (954) 424-1440 to schedule your FREE consultation. If more convenient, you can also submit a confidential online form to get started.

We work on a contingency basis, meaning you don’t pay attorney fees or costs unless we recover compensation for you. Let’s talk about your case and the next steps forward.

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The information in this blog post (post) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Cohen and Juda, P.A.
8211 W Broward Blvd, Suite 310
Plantation, FL 33324
(954) 424-1440
https://www.cohenandjudaflorida.com/