Most of us have been dissatisfied with the treatment we’ve received at a doctor’s office or hospital, but what is medical malpractice? Does our experience constitute malpractice? 

Medical malpractice is defined as the breach of duty of care by a medical professional, such as a doctor or nurse, that results in an injury or death.

Medical malpractice can include anesthesia errors, surgical errors, misdiagnosis or delayed diagnosis, birth injuries, infection, and more. It’s an unfortunately common occurrence in Florida and the United States. When you need an attorney to stand up for you and fight for the recovery of your losses and damages after a medical malpractice incident, a leading West Palm Beach medical malpractice lawyer at Lytal, Reiter, Smith, Ivey & Fronrath is here to help. 

Get a free consultation by calling 561-655-1990, chatting with us live on our website, or sending us a message now.

Medical Malpractice Laws in Florida

Laws in Florida regarding medical malpractice and related matters are addressed in Chapter 766 of the Florida Statutes. Medical malpractice law is extremely complex and thorough, defining the standards and procedures for handling many different situations in which malpractice can exist in healthcare and medicine. 

Chapter 766 has many statutes for everything from health care facility liability to determination of noneconomic damages, limitation on damages against insurers, investigation of medical negligence claims, and more. When medical negligence occurs, the standards of recovery of damages are held in Florida Statute 766.102.

While it is important to understand the ins and outs of medical malpractice laws, any questions you have about medical malpractice laws in Florida should be directed at one of our trustworthy Boca Raton medical malpractice lawyers at Lytal, Reiter, Smith, Ivey & Fronrath. 

We are here to answer your questions at any time regarding the laws surrounding your particular case – get in touch with us today.

Proving Medical Malpractice

The patient is owed a certain degree of skill, care, and timeliness that is comparable to another reasonably competent doctor in similar conditions. When a doctor or medical professional breaches the duty of care that the patient is owed, it is considered medical malpractice.

Medical malpractice most often occurs due to negligence or carelessness. Sometimes, it is due to a wrongful act. For medical malpractice to be proven in any case, all of the following conditions must be met:

  • A doctor-patient relationship exists
  • The doctor or other medical professional acted negligently or wrongfully
  • The negligent or wrongful actions caused actual damages, such as injury or death

Medical malpractice lawsuits require solid evidence and deep knowledge of the ins and outs of the laws surrounding these claims. With a strong history of representing victims and their families, we understand what you need to be successful in proving medical malpractice in a broad range of case types. 

Laws surrounding medical malpractice cases in Florida are very complex. A knowledgeable medical malpractice attorney at Lytal, Reiter, Smith, Ivey & Fronrath would love to help you find the best path for your success and win justice for your losses.

Types of Medical Malpractice

Many types of medical malpractice can cause long-term trauma, injury, or even death. Some of the common types of medical malpractice in Florida and throughout the U.S. include but are not limited to:

  • Misdiagnosis, delayed diagnosis, or lack of diagnosis 
  • Surgical errors 
  • Anesthesia errors 
  • Birth injuries 
  • Prescription errors 
  • Medical product liability accidents 
  • Long-term treatment errors 
  • Failure to warn a patient of risks involved in a surgery or type of treatment 
  • Infections 

Not all surgical errors, birth injuries, or other injuries are considered malpractice. Errors can happen without a breach of duty of care. In determining whether or not medical malpractice occurred, timeliness, skill, and care will be looked at and compared to professionals with similar skills in the same situation. 

When a doctor or medical professional acts carelessly or negligently while caring for a patient, that is when medical malpractice occurs.

Statute of Limitations for Medical Malpractice Cases

Florida’s statute of limitations 95.11 defines the time period in which you need to bring medical malpractice claims to court. Outside of the time set by the statute of limitations, you will likely not be able to win any compensation. Set periods for different medical malpractice claims include:

  • Medical malpractice – two years from the date of the accident
  • Wrongful death – two years from the date the injury that caused the death occurred
  • Lost wages – two years from the date of the accident

For all other claims, check into the statute of limitations.

Get a Free Case Review With a Top Medical Malpractice Lawyer

If you have more questions concerning what is medical malpractice and how to begin filing a claim, we can help. We’d love to meet with you to learn about your case, helping you identify whether or not a claim is possible.

Ready to schedule a free case review? Call 561-655-1990, send us a message, or live chat with us to get in touch with a knowledgeable team member at Lytal, Reiter, Smith, Ivey & Fronrath today.

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