Your physician does not have to do anything intentionally against your wishes to be accused of medical malpractice in Florida. All that he or she has to do is to be clearly negligent, leading to your injuries. Negligence comes in many forms, such as failing to take the proper action, rushing through a procedure and making easily avoidable mistakes, or neglecting to look into a patient’s background thoroughly enough.
When negligence is clear, it’s common for other medical professionals to agree that what happened should not have happened — that it was a “never event” — and that the duty of care was broken. Doctors are held to a very high standard, and they must uphold this at all times.
This doesn’t mean that all failures relate to negligence. Doctors are not expected to be perfect, and there are many risks during medical procedures. Sometimes, patients do not see the results they wanted, despite a doctor’s best efforts. In cases like these, medical malpractice will not be used, especially in cases where the patient is well aware of the risk.
However, there is clearly a difference between a risky surgery and a simple, routine surgery where a patient is injured because the doctor cuts corners, works too quickly, operates on the wrong site, or does something else that could have been avoided. In cases like that, were the negligence is clear and you did not deserve to suffer the injury, malpractice comes back into play. The doctor has not operated with your best interests in mind.
If you would like to learn more about how negligence is defined and what legal options you have, please get in touch with us or check out our site now.