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Plaintiff’s Claim Against Pharmacy Dismissed for Procedural Error

pillsUnfortunately, medical errors affect many people in Florida every year. If you have been harmed due to a medical professional’s negligence, you need to reach out to a reputable Miami medical malpractice attorney without delay.

In a recent case, the plaintiff filed a claim against a doctor and a pharmacy for overprescribing medication. The deadline for pre-discovery passed, and the plaintiff had not identified any expert witness who would be testifying for her at trial. The court determined that the plaintiff had failed to designate any expert on the applicable standards of care until the day on which the district court had scheduled the summary judgment hearing. The district court ruled that since the plaintiff was late in naming an expert, the expert should be excluded, and without expert testimony, the plaintiff would not be able to establish his or her case based on the alleged standard of care violation by the defendants.

The plaintiff appealed. The appellate court affirmed the lower court’s decision, explaining that trial courts have broad discretion regarding how to handle their caseloads, including imposing sanctions when a party fails to comply with relevant deadlines. For starters, the court pointed out that the plaintiff had not preserved the issue for appeal, and even if the issue had been properly preserved, the plaintiff would not have been able to win because she failed to explain why the notice of expert testimony was filed more than three months past the discovery deadline. Ultimately, the plaintiff’s case was dismissed against the doctor as well as the pharmacy.

Medication errors in Florida can form the basis of a medical malpractice claim. A Maryland medical malpractice claim is a civil claim that intends to hold medical professionals accountable for their negligent conduct. Under Florida law, medical malpractice occurs when a medical professional causes an injury or death to a patient by failing to use the level of care a reasonably prudent medical professional would have used in the same or similar circumstances. For example, a prudent doctor would not overprescribe medication, understanding the risk of harm associated with doing so. As a result, if this type of medication error caused an injury to a patient, the doctor would be liable. The burden of proof in medical malpractice cases is on the plaintiff, who must establish the following:

  1. The doctor owed the patient a duty of care;
  2. The doctor breached the duty of care owed to the patient by failing to use the appropriate level of care; and
  3. The doctor’s breach was the direct and proximate cause of the plaintiff’s harm.

Once each element of medical malpractice is established, the plaintiff can recover a variety of damages, such as medical bills, lost wages, and pain and suffering, as well as other losses arising from the medical professional’s negligence.

If you or someone close to you has been injured due to medical malpractice, our Miami medical malpractice attorneys can help. At the Law Offices of Robert Dixon, we are dedicated to protecting your rights at every step of the way. These cases are complex, and having the right attorney on your side can make all of the difference in your case. For a free case evaluation, call us at 1-877-499-HURT (4878) or contact us online today.

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