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1. See JOHN S. MURRAY ET AL., NEGOTIATION 147 (1996) (stating that almost 95% of cases filed in court are settled). 21.4% of all malpractice claims involve the activity of settlement and negotiation.

Physicians win approximately 80% to 90% of the cases reviewers believe they should win, approximately 70% to 80% of the cases rated as toss-ups, and roughly 50% of the cases deemed by peer reviewers to have strong evidence of negligence 18.

Ing to a study from the National Library of Medicine, the defendant tends to win 80% to 90% of jury trials that have weak evidence of medical negligence, 70% of jury trials in borderline cases, and 50% of cases with strong evidence of medical negligence.

The four Ds of medical malpractice are duty, dereliction (negligence or deviation from the standard of care), damages, and direct cause. Each of these four elements must be proved to have been present, based on a preponderance of the evidence, for malpractice to be found.

Proving causation is often the most difficult element of a medical malpractice case. However, it is not impossible. With the help of an experienced medical malpractice lawyer, plaintiffs may be able to overcome the challenges of proving causation and win their cases.

Medical negligence is defined as any act or failure to act by a medical professional that deviates from the accepted medical standard of care. Standard of care in medicine refers to the level of treatment that any medical professional would deliver in similar circumstances.

Medical malpractice cases require the injured party, or plaintiff, to prove–by the greater weight of the evidence–that a healthcare provider was negligent and caused the plaintiff's injuries, per Florida Statutes § 766.102.

Any one of the four Cs of medical malpractice (compassion, communication, competence, and charting), which are outlined below, violates a doctor's fiduciary duty of care. The law imposes this special responsibility if two parties in a contract, which in this case is a treatment agreement, have unequal bargaining power.

The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.