Medical Malpractice

Medical malpractice is considered when a medical professional such as a doctor, nurse, medical technician, dentist or other health care provider including hospitals and emergency facilities, fail to use adequate levels of care, skill or diligence in the performance their duties. When the result of this negligence causes injury, a lawsuit may be the best way to recover the appropriate damages. Generally the judgment regarding malpractice is based upon whether the medical professional or facility met the standard of care consistent in their community, measuring that standard against similar practitioners and facilities in the general geographic area.

It is the duty of a medical professional or facility to provide the best possible care according to accepted standards. This outcome, good or bad, is not necessarily the basis for a case, generally it is simply meeting appropriate efforts and standards, which means the guarantee of a good result is not implied. However if the bad result or injury is caused by negligent procedures, defective equipment, ignorance of medical history due to lack of following proper inquiries, or poor observation of symptoms etc. a claim of malpractice could be filed.

In Florida, in order to prove that you were injured due to the failure of a health provider you must show:(1) The provider failed to exercise a duty of care and (2) The failure was the proximate cause of the injury.

If you or someone in your family has been injured due to potential medical malpractice, please click here to fill out a simple case-form. Consultations in malpractice cases are free and there is no fee unless we win. Call Goldstein, Buckley, Cechman, Rice and Purtz at (239) 334 1146 for your free consultation.