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What Evidence Do I Need for A Florida Medication Errors Case?


Medications are among the most powerful remedies available for treating ailments, minimizing symptoms, alleviating pain, and even disease prevention. With this kind of strength behind them, you can imagine that medication errors can lead to death, life-threatening medical conditions, disability, birth defects, and other implications. The US Food and Drug Administration (FDA) reports that it receives more than 100,000 reports of suspected mistakes with medication every year, including improper entry into a computerized provider order entry (CPOE), carelessness with dispensing drugs, and failure to properly administer to the patient.

Negligence with medications is covered by Florida medical malpractice laws, so it is possible to recover compensation by showing that a health care provider deviated from the standard of care. As such, your Miami medication errors lawyer will need evidence that identifies the relevant standard AND proves the deviation. Some of the most important proof for your claim may be:

Medical Records 

Every patient encounter generates a plethora of information on your medical history, prognosis, and other health-related details. Your medical records are important because they provide a baseline for how you presented to a physician with your original condition or symptoms.

In a claim for medication errors, these documents also reveal decision-making for diagnosing your ailment and ordering medication to address your symptoms. Plus, in addition to supporting your position on the standard of care and breach, your medical records are useful for proving how your injuries were the direct result of medical malpractice.

 A Medical Expert’s Written Opinion 

This type of evidence for a medication errors claim is useful as support, but it is also necessary to comply with Florida’s medical negligence statute. When filing suit, you must conduct a reasonable investigation into the situation and have a good faith belief that the care you received deviated from the standard of care. To meet this requirement, it is sufficient to submit a written opinion from a medical professional that your claim is legitimate and has merit. As such, this document may act as proof of your med mal claim AND as a means of complying with the statute.

 Other Evidence from Medical Experts 

Besides providing the written statement, medical professionals serve other roles in proving your medication errors claim. For instance:

  • Your attorney relies on physicians as consulting experts when developing strategy.
  • A medical expert will testify on your behalf at different stages of the legal process, possibly including mediation and at trial.
  • Your physician will also retain medical experts for consultation and testimony purposes. From the standpoint of evidence, your goal will be to disprove or discredit the information that detracts from your position.

Our Florida Medication Errors Attorneys Will Collect Important Evidence 

If you suffered harm because of negligence with prescribing, ordering, dispensing, or administering medications, it is important to leverage your legal remedies under Florida law. Our team at Freidin Brown, P.A. can assist with the legal process, so please contact our offices in Miami or Fort Myers, FL today. We can set up a no-cost case assessment with a medication errors lawyer who will advise you on the laws.


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