Medical Malpractice Attorney in Boca Raton, Florida

In a medical malpractice action, courts in Florida place the burden of proof upon the injured party to prove that the health care provider's negligence more likely than not caused the injured parties' injury. In recently decided case captioned Siegel v. Cross Senior Care, Inc. the injured party died of chronic obstruc­tive pulmonary disease and end stage dementia.

The decedent's son, Robert Siegel, sought $90,161.86 for medical and funeral expenses and $400,000 for pain and suffering. The jury awarded Siegel $1,133 for funeral expenses and $5,000 for medical expenses. The trial court overruled this award and ruled in favor of the defendants.

The plaintiff's case was based upon the testimony of a family practice doctor. This family practice physician never treated or examined the patient. His opinions were based upon his review of the patient's medical records. However, the trial court and the Florida Court of Appeal found that the expert witnesses' opinions were actually contradicted by the medical records upon which his opinions were allegedly based.

The Florida Court of Appeal stated that medical malpractice cases require proof that the provider's negligence probably caused the patient's injuries. The burden of proof is on the injured party to demonstrate that the healthcare provider's negligence caused the decedent's death. An injured party cannot merely prove that the healthcare provider possibly caused an injury. The injured party must prove that it is more likely than not that the provider's negligence caused the injury. An expert's opinion must be grounded in facts that are in the record. The opinion cannot be based upon facts that are not supported by the evidence. In the case at bar, the trial court and the Court of Appeal found that not only were the expert's opinions not supported by the evidence, in point of fact, they were contradicted by the evidence. Accordingly, the plaintiff recovered nothing in this case.

Medical malpractice cases are difficult and require experienced and competent counsel. To speak with a medical malpractice attorney in Boca Raton, Florida, contact Matthew Lane & Associates, P.A. at (561) 651-7273.

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