Can I sue in a medical malpractice case for what might have happened?

“This almost caused me to die.” Or, “I almost died because of what happened.” We have cases regularly where people call and they say that. Almost just doesn’t cut it.

In Florida, you have to have an injury in order for a medical malpractice claim to occur, and that injury is not sufficient if it’s something that happened that caused a bad outcome.

If, however, in the course of evaluating the records and the information that we have about the patient, we determine that there were bad things that were going on. Or malpractice that was going on and it did cause some permanent aspect, then the fact that you might have died would not preclude you from bringing a claim, but a claim solely based on I might have died or something might have happened, is not a basis to bring a claim in Florida.