What Qualifies As Medical Malpractice In Florida?

FREE CASE EVALUATION
Florida doctor looking at a malpractice

When doctors and nurses offer treatment to patients in Florida, sometimes adverse effects develop from medications; at other times,  complications can arise from surgery. While patients and families may often blame the doctor or the nurses for these complications but it is not necessary that it was the healthcare provider’s fault and that the patient has a valid case of medical malpractice.  Suffering from a healthcare complication after a procedure or consultation may not necessarily mean you were treated wrong or that the healthcare provider was negligent. If you feel that you are a victim of medical malpractice, it is best to be sure if that is indeed the case by speaking to a medical malpractice lawyer in Florida.

There are several situations where you cannot blame the doctor or nurse. For example,  you may require an essential drug to treat your cancer, but this drug may have well known adverse effects which the doctor already informs you. If you develop an adverse effect while being treated for cancer, you can’t blame the doctor. In another scenario, the surgeon may be performing a difficult surgery where critical nerves are located close to each other. Before the procedure, the surgeon informs you about the possible dangers associated with the surgical procedure in question. If you still decide to go ahead with it and if after the surgery, there is nerve damage, you cannot fault the surgeon because they had already made you aware of the possible consequences of the procedure.

Unlike a slip and fall or a motor vehicle accident, medical malpractice cases are very different because they are governed by the standard of care and local state statutes. Over the past decade, Florida’s lawmakers have introduced several regulations that make medical malpractice cases a little difficult to qualify. Winning a medical malpractice case in Florida is not only challenging but requires a significant amount of proof. That is why if you believe you are a victim of negligence through the hands of a healthcare provider, you need to speak to a medical malpractice attorney in Florida before you take any other action.

Increased regulations and qualification criteria do not mean it is impossible to win a medical malpractice case in Florida; it just means that you need to get the help of a good medical malpractice lawyer who has a team of medical experts that can review your medical records and determine if there has been negligence.

The key feature of a medical malpractice case is to show that the healthcare provider deviated from the standard of care. For example, when an elderly patient presents with sharp burning chest pain and shortness of breath, the emergency room physician should first make sure that the patient is not having a heart attack. There are established guidelines on how to treat such patients. However, if the physician does not take the necessary measures and dismisses the pain as a chest infection without any diagnostic work or medical evidence and sends the patient home with a simple prescription of antibiotics, they are not fulfilling the requirement of the standard of care. If the patient dies, the physician deviated from the standard of care because any reasonable physician would have first made sure that the patient is not having a heart attack. In such a situation, the patient and their family have a valid case of medical malpractice.

Medical Malpractice Lawyer at Burnetti, P.A.

If you are a resident of Florida, and if you believe that you or someone you love was harmed because of the negligence of a healthcare provider, call and speak to a medical malpractice attorney at Burnetti, P.A. Keep in mind that medical malpractice cases can be quite complicated. First and foremost, you need to determine if you actually have a case. And if you do, you need a trusted Florida medical malpractice lawyer who has the necessary skills and expertise to prove that your allegations are justified. At Burnetti Law, we understand that this must be a difficult time, especially if someone you love suffered serious harm. It is our goal to get you and your family the justice you deserve, but for that to happen, we need to know all the details so that we can prepare an argument in your favor. Call our medical malpractice attorney and let them help you get the compensation and the justice you deserve.

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