Medical Malpractice Law: 101

  • By:David Bate

Medical Malpractice

When you go to a doctor for treatment, you trust them to care for you in an experienced and responsible way. The patient- doctor relationship is one of the most sacred, and if this has been breached and you are hurt, you deserve to bring charges against the doctor who harmed you. Every doctor should be held responsible for their actions against a patient, and this is why an attorney can help.

What Is Medical Malpractice?

A breach in standard of care and standard of duty by a healthcare provider, which results in an injury to the patient.

Standard of Duty

When a doctor graduates with a medical degree, they take an oath of duty to every patient. This means they will perform with responsibility at all times.

Standard of Care

Doctors are responsible for caring for a patient with the same knowledge of another doctor with the same experience in the same field. This means that a plastic surgeon with 10 years of experience in California will provide the same level and standard of care as a plastic surgeon with 10 years of experience in Florida.

If your doctor has breached their standard of duty and/or standard of care, you may have a medical malpractice lawsuit on your hands. However, it is important to understand that there is a difference between human error, patient expectations, gross negligence.

Human error

No doctor is perfect, and they are allowed to make mistakes. There are examples of a simple mistake as a result of human error that do not qualify for medical malpractice, such as stitches popping open or a misperception of a certain injury.

Patient expectations

It is easy to go into surgery with some expectations, but the human body is not as flexible as you may think. Your doctor may not be able to do everything you request simply because of biology, and your expectations need to be adjusted accordingly. Just because a patient is not completely happy with their treatment results does not mean they are a victim of medical malpractice.

Gross negligence

There are some situations where a doctor can make a mistake due to negligence that can cause harm or even wrongful death.

Examples of medical malpractice

Medical malpractice is an umbrella term, including:

  • Misdiagnosis
  • Failure to notice symptoms
  • Failure to diagnose
  • Childbirth injuries resulting in birth defects
    • Also includes negligent prenatal care
  • Medication errors including prescribing errors
  • Anesthesia errors
  • Failure to treat
  • Knowingly using medical equipment that has been recalled

Working with a Lawyer

When it comes to a medical malpractice lawsuit, you can bring a claim against all medical personnel who had a role in your injury. This also includes the hospital if your doctor is an employee of the institution.

You may be eligible for compensation to cover the damages you experienced, such as pain and suffering, lost wages, and outstanding medical bills. Don’t wait to get the compensation you deserve, and call a medical malpractice lawyer Orlando trusts today.



Thank you to our friends and contributors at Needle & Ellenberg, P.A. for their insight into medical malpractice claims.

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