Who Can Be Sued in a Florida Medical Malpractice Case?

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When an individual is injured due to a doctor’s negligence, his gut reaction may be to pursue a medical malpractice lawsuit against the doctor who harmed him. However, it is important to realize that there may be additional parties who are at fault as well and, consequently, should also be named in a subsequent lawsuit should the injured party choose to file one.

Potentially Liable Parties 

Here in Florida, a medical malpractice lawsuit can be brought against any “health care provider”, which is defined under section 766.202(4) of the Florida Statutes to include any:

  • Hospital,
  • Licensed mobile surgical facility,
  • Ambulatory surgical center,
  • Licensed birth center,
  • Licensed clinical lab,
  • Blood bank,
  • Industrial clinic,
  • Professional association partnership, joint venture, corporation, or other association designed to facilitate professional activity by health care providers,
  • Plasma center,
  • Renal dialysis facility,
  • Certified health maintenance organization, or
  • Health care professional licensed under chapter 458, 459, 460, 461, 462, 463, 466, 467, 486, part I of chapter 464, or part XIV of chapter 468 of the Florida Statutes.

However, it is critical to note that damages can only be collected from a health care provider in connection with a Florida medical malpractice lawsuit if the injured plaintiff is able to prove by the greater weight of the evidence that the alleged negligent or wrongful actions of the defendant constituted a breach of the “prevailing professional standard of care” applicable to that health care provider. Florida Statute section 766.102. In this context the applicable standard of care against which the defendant health care provider’s behavior will be measured is that level of care, treatment, and skill which, given the circumstances, is recognized as appropriate and acceptable by reasonably prudent health care providers who are similarly situated.

Need Legal Advice? 

If you or a loved one was harmed by a medical professional’s negligent or wrongful act in Florida, be sure to consult with a local medical malpractice attorney about your legal options straight away. Naming the right defendants in your lawsuit is just the first of many important decisions to make. It is critical that you have an experienced lawyer by your side when making these decisions. Here at Piccin & Glynn, Attorneys at Law, we offer prospective clients the opportunity to have their case reviewed by one of our experienced lawyers during a free initial consultation at our Ocala office, so what do you have to lose? Schedule an appointment today by filling out our online contact form or by calling us at (866) 225-6459.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0766/Sections/0766.202.html

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