Understanding Medical Malpractice: What It Is & What It Isn’t

By Steve Charles on March 5, 2021
medical malpractice lawyer in Fort Lauderdale, Florida

Medical malpractice transpires in innumerable ways across an array of health care scenarios. Nonetheless, it is crucial to remember that just because something goes wrong or the patient’s condition deteriorates, it does not always mean the patient has a valid medical malpractice case.

In this article, our malpractice lawyer in Fort Lauderdale, Florida can help you understand which negative-outcome treatment scenario qualifies for a legal claim and which probably wouldn’t. Moreover, the medical malpractice lawyers at Charles Legal PLLC can guide you effectively throughout the process.

But first, let’s understand what medical malpractice is and isn’t.

When Is It Medical Malpractice?

All legitimate medical malpractice claims have one thing in common: the doctor’s action or inaction lacked appropriate care standards under the treatment scenarios. That generally indicates the doctor was negligent. However, in some cases, a healthcare provider’s recklessness can instigate a malpractice case.

  • Medical Negligence

It occurs when any healthcare professional gives sub-standard care to a patient. Some examples of medical malpractice negligence involve failure to diagnose an injurious health condition, inability to properly guide a patient severe treatment risks, and intolerable mistakes during a surgery or procedure.

  • Doctors Recklessness

It is quite rare in the medical world, but in some cases, healthcare providers’ reckless action or inaction may lead to a medical malpractice claim—for instance, a surgeon performing a procedure while under the influence of alcohol or drugs or the leaving of a foreign and unnecessary object inside the body of a patient following surgery.   

When Is It Not Medical Malpractice?

The following situations on their own would not amount to a legitimate medical malpractice claim:

  • Patient’s Deteriorating Health

A healthcare professional can’t be accused of committing medical malpractice just because a patient’s health deteriorates during the duration of treatment. Often doctors are helpless in treating, let alone curing, an illness. As long as they are providing reasonable care to a patient, typically, no medical malpractice can deem to have occurred.

  • Terminal Illness

As not all health problems and illnesses are treatable, a healthcare provider who appropriately diagnoses a health issue and takes reasonable decisions to proceed with the treatment can’t be believed to have committed medical malpractice just because the patient’s condition is terminal or untreatable.

Discuss Your Claim with A Medical Malpractice Lawyer Fort Lauderdale, Florida

You should know that medical malpractice claims are extremely complicated and difficult to navigate. The statute of limitations in Florida on medical malpractice claims is 2 years from the date of the act or omission thus time is of the essence. Since they usually pivot on complex legal and medical situations, you require a medical malpractice lawyer in Fort Lauderdale, Florida that has ample skill and experience. If you feel you have a viable claim, it may be time to discuss your case with Charles Legal PLLC. Get in touch today by calling at 954-329-0814 and schedule a free consultation with our team of experts.


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