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& Flager Counties

Since 1985

What is medical malpractice?

What is medical malpractice?

A: Medical malpractice or medical negligence is the failure of a health care provider to use the level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.

In layman’s terms, medical malpractice occurs when a health care provider renders services inferior to what another prudent doctor of the same type would have rendered in the same situation.

To put it in the language of everyday situations, think of driving your car. A prudent driver would not run a red light because we know that the appropriate way to drive a car is to stop at red lights. Similar rules of appropriate behavior exist for doctors, surgeons, nurses and other health care providers.

Surgeons should not operate without first performing certain tests. Doctors should not prescribe medications without first determining if it is appropriate for that patient. Nurses should not draw blood without first identifying a vein.

If a health care provider fails to follow any of the standards that the medical profession has created, then that is medical negligence.

Whether or not that negligence gives rise to a valid lawsuit is another question entirely. Many more factors come into play. Did the health care provider have a duty to that patient? Did the negligence actually cause the damage? Are the damages serious enough to warrant filing a lawsuit?

To answer these questions and many more, we have written a book that is FREE to Florida residents titled Why Most Victims of Medical Malpractice Never Recieve a Dime


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