In medical malpractice cases, the key point to show is that the physician or health care provider in question acted outside acceptable standards of care. Our West Palm Beach medical malpractice attorneys recognize in these complex cases, theories of comparative fault on the part of other doctors or health care professionals are often utilized by the defense in an effort to minimize their own fault.
In the recent case of Saunders v. Dickens, the Florida Supreme Court weighed the issue, finding that a doctor is not excused from fault when breaching acceptable care standards simply because a subsequent treating doctor testifies he or she wouldn’t have acted differently regardless.
This is an important ruling because it serves to hold doctors accountable for their actions, no matter what speculation is offered about subsequent care. The health care we receive usually comes from multiple sources, some working in collaboration. Each provider may share fault when something goes wrong, but they can’t be excused for breaching acceptable medical standards simply because another surmises their own course of action would have been the same.