What is Florida’s “Prevailing Professional Standard of Care”?
Florida law defines the prevailing professional standard of care as “that 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.”
In any Florida malpractice case, the central question is whether the provider met this standard. Think of it as the baseline level of professional competence. The standard is what a reasonably prudent provider with similar training would have done in the same situation. It is not perfection. If a provider’s actions deviate from that accepted professional standard and the deviation causes you harm, that is a breach of the duty owed to you.
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.
Standard of Care in Action: A Miami ER Scenario
To better understand the concept, let’s consider a common scenario. A patient goes to a busy emergency room in Miami Dade with severe chest pain.
Breaching the Standard: If a patient with classic red flag chest pain is discharged without an EKG or basic testing and then suffers a heart attack, that is likely a breach because a reasonably prudent ER doctor would have run those tests.
Meeting the Standard: A prudent ER doctor would typically order an EKG, check cardiac enzymes, and assess risk factors for a heart attack. If those are negative and the diagnosis is severe heartburn, the doctor may have met the standard even if the outcome later is poor. That is not negligence by itself.
It’s Not About Perfection, It’s About Negligence
Known complications can happen even with competent care. A breach exists only when harm is caused by negligence, meaning the provider failed to act as a reasonably competent professional should under the circumstances. Florida’s prior caps on pain and suffering in medical malpractice were struck down by the state supreme court, so juries are not limited by those old numbers.
Florida’s 2023 Tort Reform and Medical Malpractice
Florida adopted a modified comparative fault rule in 2023, but the fifty percent recovery bar in subsection six does not apply to actions arising out of medical negligence under chapter seven hundred sixty six. Readers who saw the reform headlines will appreciate this Florida specific note.
The Next Step in a Florida Malpractice Claim
Florida requires a verified written medical expert opinion and a notice of intent that triggers a ninety day screening period with informal discovery before any lawsuit can be filed. (See our detailed guide to the presuit process).
Florida’s 2023 Tort Reform and Medical Malpractice
If you suspect your injury was caused by a healthcare provider’s failure to meet the accepted standard of care, you deserve answers. At Jorge L. Flores, P.A., we help patients in Miami understand their rights. We have the experience to evaluate your case, consult with the right Florida qualified medical experts, and determine if the care you received fell below the legal standard. We are here to provide the clarity you need.
What To Do If You Believe the Standard of Care Was Breached
Governing Florida Statutes & Case Law
- Definition and Expert Qualifications: Florida Statute § 766.102.
- Presuit Investigation and Notice: Florida Statutes § 766.203 and § 766.106.
- Comparative Fault Carve-Out: Florida Statute § 768.81(6).
- Noneconomic Caps Decisions: North Broward Hospital District v. Kalitan and Estate of McCall v. United States.
Frequently Asked Questions
Q. What does “prevailing professional standard of care” mean in Florida? A. It is the care, skill, and treatment recognized as acceptable and appropriate by reasonably prudent similar providers under the circumstances.
Q. Who can testify about the standard of care in Florida? A. A Florida licensed expert in the same specialty with recent practice, teaching, or research; three years for specialists and five years for general practitioners, as specified by statute.
Q. Do the new comparative fault limits bar recovery in medical malpractice? A. No, the fifty percent bar does not apply to medical negligence actions under chapter 766.
Attorney Bio: Jorge L. Flores, Florida Bar No. 53244, has been representing families in Miami Dade for over 30 years.