Medical malpractice is a form of negligence where an injury results from the failure of a medical professional or medical facility (doctor, nurse, medical technician, psychiatrist hospital, or healthcare facility) to exercise adequate care, skill or diligence in performing a duty. The determination of whether a duty of care is met depends upon the standard of care for that branch of the medical profession in the particular community. In other words, the applicable duty arises from the accepted practices of other professionals or facilities in the same field and geographical area. In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty within the community.

It is important to remember that the duty of a medical professional is not duty to cure, or even to guarantee a good outcome from treatment. Medical malpractice does not occur every time medical treatment is not successful. Rather, the duty is to provide good medical care according to accepted standards in the community, or, in the case of a specialist, accepted standards in that medical specialty. Medicine is not an exact science, and doctors are not required to be right every time they make a diagnosis. A misdiagnosis can be arrived at even when all proper tests are performed accurately or evaluated by a skilled doctor with the utmost care. A misdiagnosis becomes malpractice, however, for example, if the doctor fails to get a medical history, order the appropriate tests, or reasonably recognize symptoms of the illness. In Florida, in order to prove that you were injured due to the failure of a healthcare provider you must show: (1) The health care provide failed to exercise a duty of care and (2) The failure was the proximate cause of the cause of the injury. If we take the case we must first obtain the medical records and then a medical professional in the same field needs to review them and conclude that the treatment was substandard and was the proximate cause of the injury. A lawsuit must be filed before the statute of limitations expires.

The Florida Statute is two years from the date of the malpractice or the date upon which you discovered the malpractice had occurred. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or negotiated recovery of funds.

If you of a loved one has been a victim of medical malpractice, call us at 1-800-559-4320 or contact us online for a FREE consultation to discuss your legal options.