It is not always easy to understand the difference between medical malpractice and a mistake that any physician might make. Often, doctors, nurses, or other healthcare professionals will say they made an honest mistake. In some cases, a doctor may have made a decision that was within the standard of care for their profession. However, if there is evidence that the carelessness of the physician caused harm to the patient’s health, it could be considered medical malpractice.
Below, we discuss what Florida constitutes medical malpractice. If you believe you are the victim of negligence, we encourage you to contact us at the Doctor Lawyer Firm right away. We will fight for your rights and seek maximum compensation for your pain and suffering.
What Florida Constitutes Medical Malpractice
Medical malpractice occurs when a health care provider’s negligence causes injury, disability, or death to the patient. Negligence can include a lack of knowledge, skill, and judgment; lack of appropriate equipment or medications; or failure to warn of risks. The most common types of medical malpractice cases are physician errors that result in hospitalization or surgery-related injuries. Read on to learn other ways that Florida constitutes medical malpractice.
The Duty to Act with Reasonable Care
Florida law holds that a licensed health professional has the duty to act with reasonable care for the safety of others. In order to help you understand what is considered negligence in Florida, let’s go over some important information.
The standard for care is always what a prudent practitioner would do in similar circumstances. This means that if a normally prudent practitioner would have acted in a certain way, then another practitioner must also do so. The standard for medical malpractice is not whether any error was made; rather, it focuses on whether the error resulted from negligence or wrongdoing.
For example, if the patient tells their doctor about an allergy and the doctor does not take precautions to prevent an allergic reaction, this could be considered negligent and grounds for litigation.
Failure to Diagnose
One of the most common medical malpractice complaints is a misdiagnosis. This happens when doctors fail to properly diagnose a medical condition and provide the appropriate treatment. With medical malpractice suits, doctors have been found liable for the pain and suffering caused by a misdiagnosis.
A study found that over the course of a year, there were more than a quarter-million deaths due to medication errors. If you were prescribed the wrong medication by your medical provider and it led to injury, it’s important to seek legal counsel right away.
Surgical errors are some of the most common medical malpractice cases. It is the surgeon’s responsibility to ensure that each patient is treated with the best care possible.
That includes performing and completing any necessary surgery on the right person, in the right location, and at the right time. However, when a physician makes a mistake while performing surgery, it can result in severe complications, even death.
The best way to avoid surgical errors is by identifying potential problems early on. This can be accomplished through proper preoperative evaluation and postoperative care. When surgeons take their time before any operation, they are better able to identify potential issues.
In order for surgery to succeed, it must be done correctly with excellent skill and precision. Professional negligence not only jeopardizes a patient’s life but also affects their ability to work and enjoy life, as well as raises their stress levels significantly.
Insufficient aftercare is a common problem in medical malpractice cases. As a result, the patient may not be able to recover from their wounds or injuries following a surgical procedure.
Failure to Recognize Patient History
A patient’s medical history is vital to the doctor. Doctors need this information to make an accurate diagnosis. It can also be used to help figure out their risk factors for certain diseases and conditions.
But if your doctor fails to recognize your medical history, it can quickly result in serious harm or worse. If you were injured as a result of this, it’s important to know your rights. Speak with an experienced attorney who knows what Florida constitutes medical malpractice and get the legal representation you deserve.
Another common reason for medical malpractice lawsuits is unnecessary surgery. Surgery is considered unnecessary if it does not provide any medical benefit to the patient and it results in unnecessary risks or complications.
Are You a Victim of Medical Malpractice? Contact the Doctor Lawyer Firm Today
It’s important to know your rights as a victim of medical malpractice. At the Doctor Lawyer Firm, Attorneys Sowell and Chakour are highly accomplished in medical malpractice lawsuits and can assist you in seeking compensation. To schedule a consultation, call the Doctor Lawyer Firm today at 1-833-MedMals or complete our contact form.
The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.