Medical malpractice cases are complex and require substantial evidence to support claims of negligence or wrongdoing by healthcare providers. The burden of proof lies with the plaintiff, who must present evidence that the healthcare provider deviated from the standard of care, resulting in harm. The following elements typically serve as evidence in a medical malpractice case in Florida:

Medical Records

At the heart of a medical malpractice case are medical records. These typically include documentation of the patient’s medical history, diagnostic tests, treatments, medication administration, and interactions with healthcare providers. These records serve as an account of the patient’s care and are crucial in establishing whether the standard of care was met.

Accurate and comprehensive medical records can help demonstrate:

• The patient’s condition and progression over time.
• The treatments and interventions provided.
• The healthcare provider’s decision-making process.
• Any deviations from standard protocols or guidelines.

Expert Testimony

Expert testimony is often the cornerstone of a medical malpractice case. In Florida, the law requires that the plaintiff provide testimony from a medical expert who can attest to the standard of care and explain how the healthcare provider’s actions deviated from that standard.

An expert must have relevant qualifications and experience in the same field as the defendant. After a review of the relevant records, a medical expert provides a professional opinion of whether the healthcare provided acted negligently, and describe how the negligence caused harm to the patient. 

Expert testimony helps the court understand complex medical issues and determines whether the defendant’s actions were within the acceptable standards of medical practice.

Depositions

Depositions are critical evidence in a medical malpractice case. These sworn statements taken from parties to the case, including the plaintiff, defendant, witnesses and experts, are given under oath. During depositions, attorneys for both sides ask questions to clarify the facts and identify inconsistencies in testimonies. Depositions can reveal critical information and provide insights into the actions and thoughts of the healthcare provider at the time of the alleged malpractice.

Physical Evidence

Physical evidence consists of tangible items that bear on the case, and it can include medical devices, surgical instruments, medications, or any other tangible items relevant to the case. For instance, if a sponge was left inside a patient’s body, the sponge itself would be a critical piece of evidence in a surgical malpractice case. 

Physical evidence must be preserved and presented in court to support the claims of negligence. Proper chain-of-custody procedures must be followed to ensure the integrity and admissibility of physical evidence.

Demonstrative Evidence

Visual aids such as charts, diagrams, models, and videos used to illustrate and explain complex medical concepts to the judge and jury comprise demonstrative evidence. This type of evidence can provide context and be particularly effective in helping non-medical professionals understand the specifics of the case.

For example, a diagram showing the site of a surgical error can make it easier for jurors to grasp the nature of the mistake and its impact on the patient.

Autopsy Reports

An autopsy report is critical evidence in a medical malpractice case involving a death. Typically, an autopsy report includes a detailed examination of the deceased’s body and identifies the cause of death. It can help establish whether the death was due to natural causes, medical negligence, or other factors.

Autopsy reports are prepared by medical examiners or forensic pathologists and can provide an objective assessment of the cause of death, supporting or refuting claims of malpractice.

Witness Testimony

Testimony from people who observed the event in question or the patient’s condition can be valuable. This may include family members, or other healthcare providers, nurses, or staff members who were present during the treatment or procedure. Witnesses can provide firsthand accounts of the standard of care provided by the defendant, as well as any deviations from standard procedures. 

Documentation of Damages

Documentation of damages is necessary to quantify the harm suffered by the plaintiff. This can include:

• Medical bills and receipts.
• Records of lost wages and income.
• Documentation of pain and suffering, including psychological evaluations.
• Reports detailing future medical care needs and associated costs.

Contact A Fort Lauderdale Medical Malpractice Attorney

Proving medical malpractice in Florida requires a well-documented body of evidence. Whether it’s obstetrical negligence or a case of misdiagnosis, each piece of evidence plays a critical role in demonstrating that a healthcare provider’s negligence caused harm, thereby meeting the legal standards required to prevail in a medical malpractice lawsuit. 

At Haliczer, Pettis & Schwamm, we understand what it takes to help you prevail in your medical malpractice lawsuit. If you believe that you or your loved one has been harmed by medical negligence, contact us for a free consultation at l-800-693-4465.