Under Florida law, the Medical Malpractice Act provides that the prevailing professional standard of care for a given health care provider is that level of care, skill, and treatment which is recognized as acceptable and appropriate by a reasonably prudent health care provider. In a lawsuit medical malpractice is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. In a West Palm Beach lawsuit for medical malpractice to a child, a pediatrician's expert testimony regarding standard of care required of a pediatric neurologist is relevant for providing the standard of care for a pediatrician treating a similar condition. The requirements of the statute governing medical malpractice must be strictly complied with, because such statute is in derogation of common law, and is an impediment to the constitutional guarantee of access to the courts. However, the medical malpractice statutory scheme must be interpreted liberally as not to unduly restrict the constitutional guaranty of access to the courts, while carrying out the legislative policy of screening out frivolous lawsuits and defenses.
If your child is injured due to medical malpractice you need an experienced West Palm Beach Child Injury Lawyer to fight for your child's rights. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the compensation and justice your family deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
Call 1-800-74-TRIAL
