Medical malpractice is a serious issue and can leave a patient with lasting injuries and medical issues. However, proving a malpractice can be a difficult process, especially if you’re unsure of what has occurred. Hiring an attorney to help walk you through a medical malpractice lawsuit is crucial to ensuring a successful recovery. So, what constitutes medical malpractice in Florida?
Medical malpractice refers to a medical or healthcare professional deviating from the normal standard of care, whether it be by negligence or intentional act, and that deviation causing injury to the patient. Medical professionals are all sworn to a Hippocratic oath that requires them to swear to do no harm to patients as well as to maintain ethical standards at all times while treating patients. Anytime a medical professional deviates from the standard of care that should be expected, there is a problem.
Medical negligence and malpractice sound the same, however, they are different in a few ways. First, medical negligence does not require that that patient is actually injured. Even without an injury, a patient can still sue a medical professional for medical negligence. Malpractice however requires that the patient suffered some kind of harm. This harm can include both physical harm and mental harm. There is a standard of care that all health care professionals are expected to adhere to, and deviating from this standard or neglecting to perform to that standard of care usually results in a medical malpractice lawsuit.
The burden of proof is on the patient filing the lawsuit to prove that the doctor in question did in fact commit medical negligence or malpractice. This proof can be a physical injury that the patient can visually show as well as mental anguish such as nightmares, anxiety, etc. Proving it can be difficult, which is why hiring a personal injury attorney is a great idea.
The attorney will be able to help the patient prove that the physician was negligent and failed to uphold their duty to treat the patient with the standard of care that is reasonably expected. The state of Florida statute surrounding medical malpractice gives patients two years to file a lawsuit from the time the injury occurred.
If you or someone you know believes that they have been the victim of medical malpractice, contact an attorney today to discuss your options.