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According to Florida law, the plaintiff must” show that the injury was not within the necessary or reasonably foreseeable results of the surgical, medicinal, or diagnostic procedure constituting the medical intervention, if the intervention from which the injury is alleged to have resulted was carried out in accordance with the prevailing professional standard of care by a reasonably prudent similar health care provider.” In other words, the unexpected outcome was not a known potential complication of the procedure and with proper execution of the intervention the injury was preventable. As a practical matter the plaintiff must prove two essential elements to prove causation: 1) that the negligent act did, in fact, cause the plaintiff’s injuries; and 2) that the resulting injury was a reasonably foreseeable consequence of the defendant’s conduct.

Causation can be a difficult hurdle to cross and the investigation by an experienced attorney is needed to assure that this important element of a medical malpractice claim can be met. Many malpractice cases are defended on the ground that there was no causal relationship between the claimed damages and the alleged negligence. Take, for example, the instance of a 3-6 month delay in the diagnosis of cancer. It is not possible to prove, more likely than not, that the care, treatment and outcome would have been any different had the cancer been diagnosed earlier.

If you think you, or a loved one, have been directly injured by a healthcare provider’s acts or omissions contact the experienced medical attorneys of Rue & Ziffra for a free consultation and evaluation of your claim.

Currently the Florida courts are reviewing the constitutionality of the medical malpractice caps, as these caps mostly impact those medical malpractice victims who have severe injuries such as blindness, amputation, paralysis and even death.

If you believe you have a medical malpractice case, the Law Offices of Rue & Ziffra have experienced attorneys dealing in Medical Malpractice who will consult with you without charge, obtain and review your medical records, and fully investigate and evaluate your potential claim.

With qualified and talented attorneys and significant resources our law firm has been relentlessly fighting and winning the hard fight on behalf of our clients. Unique among our competitors, we offer the personal service of a small firm with the cutting-edge technology and first-rate resources of a large firm. Our team of experienced and skilled lawyers, case managers, investigators, legal assistants and support staff is always willing and ready to answer any questions and assist each and every client.

We fully understand that what defines and differentiates each law firm is the lawyers. We make sure that our lawyers are not only supremely intelligent but are significantly experienced, as well as talented, fearless and aggressive. Our lawyers work as a team to formulate creative litigation strategies and take on some of the most complex and sophisticated personal injury matters in Florida.

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