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Most people have a great deal of faith in the medical profession due to its high level of standards. And it can be difficult to believe that health care professionals can be careless or negligent. But it does happen, and more often than one would imagine. In fact, The Institute of Medicine has estimated that preventable medication errors result in more than 7,000 U.S. hospital deaths annually.

Medical malpractice occurs when professional negligence that violates the “standard of care” (commonly accepted medical techniques and principles) leads to injury. Florida Statute 766.102 states that the victim must prove that “… the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider.”

If you or a loved one have been the victim – or think you may have been the victim – of medical malpractice in Melbourne, West Melbourne or Titusville, turn to attorney Tara C. Couture, an experienced and caring personal injury attorney with a proven track record in helping injured patients receive the just compensation they deserve. She will thoroughly review the merits of your case and evaluate how to best approach it to maximize recovery.

In a medical malpractice case, the victim must prove the following:

  1. negligence violating the “standard of care”
  2. “proximate cause” of injury
  3. resulting damage caused by injury. The medical professional should have foreseen injury resulting from inadequate care.


The “informed consent” standard requires that health care professionals notify patients of dangers which may result from a “risky medical procedure.”

Florida law demands that the patient be told the following:

  1. nature of procedure
  2. substantial risks and hazards
  3. reasonable alternatives. Patients must give permission to the medical professional to perform the procedure.

Medical malpractice lawsuits could encompass Brevard County clinics, emergency rooms and hospitals, including Parrish Medical Center, Holmes Regional Medical Center, Wuesthoff Rockledge and Wuesthoff Melbourne, Cape Canaveral, and Palm Bay Community Hospital. Any medical professional (dentist, doctor, nurse, nursing home attendant, pharmacist or psychiatrist) could be guilty of malpractice. Increasingly, senior care centers are the target of malpractice suits for abuse and neglect from bed sores, dehydration and broken bones. Medicine must be properly dispensed, distributed, filled and prescribed.

MedMal also covers birth-related injuries, cosmetic surgery mistakes, misdiagnosis, bad or dangerous prescription medications and failure to send patients to specialists.

The Florida statutes of limitations for MedMal cases are two years from when the patient should have known of the injury. As such, it is critical to contact a Melbourne medical malpractice lawyer like Tara Couture immediately if you believe you are a victim.

Medical experts are essential in explaining proper medical treatment standards. They must be “reasonably prudent similar health care providers.” Malpractice suits could be difficult to prove because many health professionals support one another, and many doctors don’t want to testify against one another. Attorney Couture specializes in finding find well-respected medical experts to help reveal the truth, thus bolstering your case.

Melbourne medical malpractice attorney Tara C. Couture will be with you every step of the way – preparing evidence, finding medical experts and retrieving your medical records to help you recover the cost of medical bills, lost wages and other compensation for your pain and suffering. Schedule a consultation at our West Melbourne or Titusville office today.