Patients expect a high standard of treatment when seeking medical care. However, medical mistakes can happen, leading to severe and long-lasting injury. When this happens, victims may wonder if their situation counts as medical negligence vs. malpractice. The answer is both.
Medical negligence and malpractice both refer to situations in which a healthcare professional fails to meet the standard of care they must provide for their patients, resulting in harm. For anyone seeking compensation in Florida for a medical error, it’s vital to understand what counts as medical malpractice and the claims process for these unique injury cases.
Is Medical Negligence the Same as Medical Malpractice?
Yes, medical negligence and medical malpractice are the same thing. Malpractice is a specific type of negligence that occurs in a professional setting. When this negligence happens in the medical field, we use the terms medical negligence and medical malpractice interchangeably.
Florida’s laws also recognize that these terms refer to the same concept. The chapter on medical malpractice uses the term medical negligence in all places after the title.
But what is medical malpractice, and how does it happen? Medical malpractice occurs when a medical professional causes harm by breaching the duty of care owed to their patient. It involves doing something that goes against what a reasonable and competent professional would have done. For example, a competent doctor wouldn’t give someone a blood transfusion with contaminated blood.
Examples of Medical Malpractice
Understanding what kinds of actions or inactions count as medical malpractice is crucial for identifying if you are a victim. Sometimes, it can be challenging to know if medical malpractice caused your injury or even if you suffered an injury at all. Common examples of malpractice include:
- Surgical Errors – When a surgeon makes a significant mistake, such as operating on the wrong body part or leaving a surgical instrument inside the patient’s body, that is a clear case of medical malpractice. The patient may suffer adverse health effects because of the error and will likely require additional surgery to correct it.
- Misdiagnosis or Delayed Diagnosis – If a healthcare provider fails to diagnose a condition, this can lead to significant harm. This is especially true for patients with diseases that worsen and become more challenging to treat over time, such as cancer. A misdiagnosis occurs when a provider diagnoses a patient with a condition they don’t have. This can lead to unnecessary treatment, cost, and emotional suffering.
- Medication Errors – Administering the wrong medication, giving an incorrect dosage, failing to administer necessary medication, or not recognizing harmful drug interactions are all forms of malpractice. The consequences of these errors can be life-threatening for patients.
- Birth Injuries – Errors during childbirth, such as improperly using forceps or failing to perform a necessary C-section, can lead to significant injuries for both the mother and child. These incidents can lead to lifelong disability for the children involved.
Who Is Liable When Medical Malpractice Occurs?
Determining liability in a medical malpractice case is essential for seeking compensation. Parties who may be liable for malpractice include:
- Doctors – The primary physician or surgeon responsible for the negligent care may be liable if their actions directly caused your injury.
- Hospitals – If the malpractice results from poor hospital management, understaffing, negligent hiring, or faulty equipment, the hospital or other healthcare facility may be liable. It may also be liable if one of its employees, such as a resident doctor, caused your injury.
- Nurses and Support Staff – In some instances, the negligence of nurses or other medical support staff contributes to or causes the malpractice. This makes them liable as well.
Steps You Must Take Before Your Medical Malpractice Claim Goes to Trial
Before your medical malpractice claim can proceed to trial in Florida, you must take several crucial steps. These steps include:
- Reasonable Investigation – Florida law requires your attorney to thoroughly investigate whether there is a legitimate basis for a malpractice claim. This investigation involves reviewing medical records and consulting with medical experts.
- Notice of Suit – You must notify the healthcare provider of your intent to sue before filing your lawsuit. Upon receiving this notice, the provider will have 90 days to respond before you can proceed with your claim.
- Release of Protected Health Information – To move forward with your case, you must authorize the release of your medical records to your attorney and the healthcare provider’s legal team.
- Mandatory Mediation – Florida mandates mediation before a malpractice case goes to trial. This process allows the parties to resolve the issue with a settlement without entering a prolonged battle in court.
Florida’s Statute of Limitations for Medical Malpractice Claims
In Florida, the statute of limitations for medical malpractice claims is generally two years from the date of your injury or when you discovered your injury. Some circumstances can extend this deadline. For example, it can be extended if the victim was under eight years old at the time of the injury. But in general, you must file your claim within two years or risk losing your right to seek compensation.
How to Prove Medical Malpractice in Florida
Proving a medical malpractice case in Florida requires gathering and presenting substantial evidence to establish that the healthcare provider’s actions or inactions directly caused your injury. Some of the evidence your personal injury attorney will use to achieve this include:
- Your medical records to establish what your injury is and the action the provider did or didn’t take that caused it
- The testimony of expert witnesses who can speak on the standard of care and how the provider breached it
- Photographic evidence of your injury
- Diagnostic test results that confirm the existence of your injury
- Financial documents such as medical bills and pay stubs that show your decrease in earning capacity due to your injury
Contact a Florida Medical Malpractice Injury Attorney
If you believe you are the victim of medical negligence or malpractice, contact Jurewitz Law Group Injury & Accident Lawyers’s Florida law offices today at (619) 233-5020. One of our experienced medical malpractice attorneys will evaluate your case, walk you through your legal options, and answer any questions you have about the claims process.
