Articles Tagged with medical malpractice

These are unprecedented times in the medical field. The novel coronavirus, also called COVID-19, caught the medical world unprepared. There is no question that some people experienced serious harm and death while under the care of a physician who used procedures that have since been proven to be less effective or in fact harmful. The question is, do you have a malpractice case? 

The answer is unclear because it depends on your particular circumstances. It’s best to talk to an experienced malpractice lawyer to review the details of your situation. In order to prove medical malpractice, we need to prove that the healthcare provider or institution violated the standard of care, an injury occurred due to this negligence, and the injury resulted in serious damage. 

The problem is that there has never been a situation quite like this before; therefore the “standard of care” for a COVID-19 pandemic has not been set. Quite a few COVID-related lawsuits have been filed, and the legal definition of “standard of care” will probably evolve for some time as these cases are settled.

Proving medical malpractice in Florida can be challenging, but if you or a loved one has experienced serious injury or death which you suspect was caused by medical malpractice, you should seek legal help from an experienced, dedicated, medical malpractice attorney. 

Medical malpractice occurs when a healthcare provider has not followed a reasonable standard of care, which has resulted in the injury or death of a patient. For medical malpractice purposes, “standard of care” refers to the level at which the average, prudent provider in a given community would manage a patient’s care under the same or similar circumstances. 

Therefore, in order to demonstrate medical malpractice in Florida, you must show that the healthcare provider owed you a duty of care, that the provider fell below that standard, that you suffered injury or damage that was caused by the healthcare provider’s breach of duty, and that injury or damage can be demonstrated legally. 

When you’ve been injured, whether through medical negligence or an accident, you’ll need to bring your attorney certain documentation in order to build a case for your personal injury or medical malpractice lawsuit. 

Injuries that could lead to a lawsuit

Injuries can come from a wide variety of accidents or incidents, for example: vehicular accidents including autos, motorcycles, bicycles, off-road vehicles, and airplanes; pedestrian accidents; slip-and-fall or other premises accidents; dog bites or other animal attacks; and defective products. 

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