What Are the 4 Elements of a Medical Malpractice Claim?
A Florida medical malpractice claim succeeds only when all four elements are proven: duty, breach of the prevailing professional standard of care, legal causation, and damages. Understanding these four building blocks is the first step toward seeking justice.
Florida law defines the prevailing professional standard of care as the level of care, skill, and treatment recognized as acceptable and appropriate by reasonably prudent similar providers in light of all relevant circumstances, and it requires that the breach proximately cause the injury.
How the Standard of Care is Proven in Florida
Because the standard of care is specific to each medical field, it is established through the testimony of qualified medical experts who explain what a competent provider would have done. For specialists, the expert must be in the same specialty and must have been actively practicing, teaching, or doing clinical research in that specialty during the three years before the event. For general practitioners, the lookback period is five years. These rules keep testimony current and specialty specific.
When the claim involves emergency care in a hospital emergency department, Florida limits who may testify about the ER standard to physicians who have had substantial professional experience within the preceding five years while assigned to provide emergency services in a hospital emergency department.
1. Duty of Care: Establishing the Doctor-Patient Relationship
The first element we must prove is that the healthcare provider owed you a “duty of care.” This is typically the most straightforward element to establish. A duty of care is formed as soon as a doctor-patient relationship begins, which happens when a provider agrees to diagnose or treat you. This relationship legally obligates the provider to care for you with the competence and skill expected of a medical professional. This applies not just to doctors but also to nurses, surgeons, and hospitals in Miami and across Florida.
2. Breach of Duty: Failing to Meet the Standard of Care
This is the core of a malpractice case. A breach occurs when a provider violates the “prevailing professional standard of care.” A medical injury by itself does not create any inference of negligence, but discovery of a retained foreign body such as a sponge or clamp is prima facie evidence of negligence. To prove a breach, we must use testimony from qualified medical experts who explain precisely how your provider’s actions were negligent. (Read more on our Standard of Care explainer page).
3. Causation: Linking the Negligence Directly to the Harm
It is not enough to show that a doctor was negligent. We must also prove that their specific breach of duty was the direct and proximate cause of your injury. This is the element of causation. For example, if a surgeon leaves a sponge inside a patient (a breach of duty) and the patient later develops a severe infection, causation is clear. Florida law requires proof that the negligence probably caused the injury, not just that it reduced a chance of a better outcome.
4. Damages: Proving You Suffered Actual Losses
Finally, we must prove that the injury caused by the provider’s negligence resulted in specific damages. These are the tangible and intangible losses you have suffered. Damages in a Florida claim can include:
- Economic Damages: Additional medical bills, future care costs, and lost wages.
- Noneconomic Damages: Compensation for pain, suffering, and mental anguish.
Noneconomic damages are a frequent point of confusion. Section 766.118 still appears in the Florida Statutes with dollar amounts, but the Florida Supreme Court held those caps unconstitutional in Estate of McCall and North Broward Hospital District v. Kalitan. In the 2025 session, lawmakers advanced a medical malpractice bill that expanded who can seek noneconomic damages in certain wrongful death cases, and the Senate rejected an amendment to add new caps. In short, treat past caps as not controlling unless and until a new, valid cap scheme is enacted or upheld by the courts.
It is also important to know that the 50 percent recovery bar from Florida’s 2023 tort reform does not apply to medical negligence actions. (Learn more about Florida’s Deadlines and Presuit Requirements).
All Four Elements Are Required for a Successful Claim
Building a successful medical malpractice case in Miami requires a deep understanding of Florida law and the ability to prove all four of these elements. A single missing piece can prevent a family from receiving the justice they deserve. At Jorge L. Flores, P.A., we meticulously analyze every detail of your case to ensure that the duty, breach, causation, and damages can be clearly established. If you believe a medical provider’s negligence has harmed you, contact us for a consultation to help you understand your legal options.
Governing Florida Statutes & Case Law
Standard of Care, Proximate Cause, Expert and Foreign Body Rules: Fla. Stat. § 766.102.
Statute of Limitations: Fla. Stat. § 95.11(5)(c).
Comparative Fault Carve-Out: Fla. Stat. § 768.81(6).
Causation Standard: Gooding v. University Hosp. Bldg., Inc., 445 So.2d 1015 (Fla. 1984).
2025 Bill Context (No New Caps): News Service of Florida report on Senate passage rejecting cap amendment.
Attorney Bio: Jorge L. Flores, Florida Bar No. 53244, has been representing families in Miami Dade for over 30 years.