There are three major elements of medical malpractice cases:
- A doctor/patient relationship existed between the victim and the accused
- The doctor failed to perform adequate care
- Damage resulted from the doctor’s negligence or oversight
What Constitutes Medical Malpractice?
Medical malpractice occurs when a health care professional deviates from the standard of acceptable care when treating a patient. This may include:
- Performing the wrong procedure
- Operating on the wrong part of the body
- Failing to warn the patient about the procedure’s risks
- Prescribing a dangerous mix of prescriptions
- Making dangerous or risky choices during the operation that endanger the patient’s health
- Failure to diagnose the patient’s condition correctly
- Acting negligently during the delivery of a child and causing birth injuries
Proving Medical Malpractice
Medical malpractice cases are complex for a variety of reasons, including the number of health care professionals involved in the patient’s care, the difficulty of obtaining witnesses and experts, the technicalities of the issues involved, and the seriousness of the consequences, sometimes resulting in wrongful death or a severe impact on quality of life.
For these reasons, it is important to choose a law firm that has extensive experience handling medical malpractice lawsuits in Florida. The Orlando medical malpractice lawyers at Wooten, Kimbrough, Damaso & Dennis, P.A. have handled a variety of medical malpractice claims, and we can determine if your case qualifies for a malpractice lawsuit.
Keep in mind that just because your operation did not go as planned, does not necessarily mean that medical malpractice occurred.