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When you see a doctor or seek medical help at a hospital, you expect to receive appropriate medical care and feel better when you leave, not worse. Unfortunately, when a medical professional is careless, their negligence can lead to a patient’s injury or death. If you have been harmed due to medical malpractice, you must understand how the “standard of care” can affect your claim as you seek justice for your losses.
At Hersh Kirtman Injury Law, our Boca Raton medical malpractice lawyer has extensive experience helping clients who have been harmed due to a medical professional’s negligence. When filing a medical malpractice claim, one of our trusted lawyers will investigate the claim and, in the event medical malpractice occurred, collect the key evidence to prove that the at-fault party’s actions that caused your injury fell below the standard of care that applies to the medical professional who caused the harm.
Your Healing Starts With Justice
Medical professionals are expected and required to uphold a certain standard of care to ensure they are providing patients with the best possible treatment. The standard of care is a benchmark that the medical professional must meet in providing patients with appropriate care and treatment. If you have suffered due to medical negligence, it is important you understand how the standard of care may affect your claim as you pursue compensation for your injuries.
When a medical professional, like a doctor or nurse, injures you, the law does not automatically deem them responsible for the harm and losses you have suffered. Instead, the doctor, hospital or other medical provider is only liable for your injuries and losses if you show that the provider failed to meet the applicable standard of care.
In Florida, the standard of care in a medical malpractice claim is defined by Florida statute 766.102 as “the 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.”
Whether a medical provider met the standard of care involves a detailed analysis of the medical records, the treatment and care provided, and the outcome. Determining whether the standard of care was breached requires involvement of medical experts, whom your lawyer will consult with and work with as part of the investigation and the course of the case. Proving a medical malpractice claim requires providing evidence of the four elements of negligence. These elements are as follows:
The duty owed is the applicable standard of care. Proving the standard of care and that it was breached is required in your medical malpractice claim.
Founding Partner A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories. Years of experience – Over 15 years
Michael Hersh
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case
If medical malpractice leaves you injured, your recovery process may result in costly expenses, among other harms. You may have the right to file a claim to pursue the compensation you are owed for your losses.
The damages you may be eligible to collect after a medical malpractice claim include the following:
Your lawyer can help you understand how much you may be owed in damages based on the details of your unique claim.
Suffering an injury due to medical malpractice can be physically and emotionally traumatizing as you try to recover and seek justice for your losses. To ensure that the liable party is held responsible and you fully understand your legal options, our lawyers can help you file a medical malpractice claim to get the compensation you deserve.
At Hersh Kirtman Injury Law, we provide clients with the trusted representation they need to build a strong claim after a medical professional causes their injuries and losses. To schedule a free case evaluation with one of our medical malpractice lawyers, contact us today by filling out our contact form or giving us a call at (561) 208-3700.
Personal Injury Lawyers in Boca Raton At Hersh Kirtman Injury Law, we turn adversity into justice through trust and relentless advocacy. With decades of experience, we don’t just handle cases—we redefine outcomes. Your recovery starts with a conversation. Call us today for a free, no-obligation consultation—because you deserve a team that fights as hard as you do.
Your Recovery is Our Mission.
Let’s Make It Happen.
This page was written, edited, and reviewed by a team of legal writers in accordance with our comprehensive editorial guidelines. It was approved by Attorneys Michael Hersh and Ian Kirtman, who have more than 20 years of experience as personal injury attorneys.
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