Florida Appellate Court Clarifies Limits of Medical Malpractice

Medical malpractice is a serious problem in Florida and across the United States. If you or someone close to you has been injured due to the negligence of a medical professional, you may be entitled to compensation for your harm. At our Law Offices, our Miami medical malpractice attorneys can help you decide if a medical malpractice claim is in your best interests.Earlier this month, Florida’s Third District Court of Appeal reversed a lower court’s ruling dismissing a complaint that alleged hospital staff were negligent for failing to supervise a psychiatric patient who beat the victim with a pipe.

What happened in the case was that another patient entered the plaintiff’s hospital room with a metal handrail and started to beat him. The plaintiff suffered injuries as a result and subsequently sued the hospital.

The hospital responded by saying that the plaintiff’s lawsuit fell under the state’s medical malpractice statutes and thus required notice in a timely manner prior to the lawsuit being filed in court. The lower court agreed with the hospital.

However, the appeals court ruled that the plaintiff’s injuries could not be considered part of the patient’s medical care. This is because when making the distinction regarding whether something is a malpractice case or an ordinary negligence case, the decisive factor is whether the plaintiff, in order to win, needs to rely on the medical negligence standard of care. Since the attack here was of a non-medical nature, the case did not need to rely on an expert establishing the medical standard of care and thus was not a medical malpractice claim.

In Florida, medical malpractice takes place when a medical professional causes injuries or death by failing to adhere to the standard of care that a reasonably competent medical professional in the same specialty would have used in the same or similar circumstances. In order to receive compensation for your medical malpractice injuries, you must be able to show that the negligence of the medical professional was a direct and proximate cause of your harm.

It is important to note that medical malpractice does not simply pertain to doctors. Instead, any health care professional, including surgeons, nurses, dentists, optometrists, technicians, chiropractors, and more, can be liable for medical malpractice. You can rest assured that when you come to us with your case, we will diligently identify any and all potentially liable parties.

Medical malpractice cases can be daunting and stressful, which is why having a Miami medical malpractice attorney on your side is so important. At our Law Offices, we are dedicated to helping you pursue full and fair compensation for your harm. You can rest assured that we are prepared to work tirelessly on your behalf. While we aim to settle every case, we are not afraid to fight for you in the courtroom. Begin your journey toward recovery and compensation by calling us at 1-877-499-HURT (4878) or contacting us online.

More Blog Posts:

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Traveling Fairs and Carnival Injuries in Florida, South Florida Injury Lawyer Blawg, July 19, 2018

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