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Medical Malpractice: What Qualifies as Negligence?

Your sister goes into the hospital for a complete hysterectomy. You stay in the room to aid in her recovery and talk with the nurses to make sure everything is going well. On the door is a big sign that states your sister’s allergy to latex. It is on her chart, and even the gloves in the room are latex-free. On the second day, after struggling with the catheter, your sister mentions a burning sensation from the catheter. You ask the nurse who then, after adjusting it and looking at the brand, sees that the catheter did have latex in it. Because of the latex, it caused a yeast infection and your sister must now stay another night in the hospital.

Medical Malpractice

There are many things that can be considered medical malpractice such as failure to diagnose, failure to warn a patient of known risks, and improper treatment.

Proving Medical Malpractice

  • You or the loved was the patient to the doctor and a “doctor-patient” relationship existed.
  • The doctor was negligent. The doctor must have caused harm in a way that a competent doctor would not have done. So the care cannot fall within the realm of “reasonably skillful and helpful.”
  • The negligence of the doctor caused the injury. This is often tricky to prove and requires other professional evaluation.
  • The injury led to damages such as mental pain, physical pain, and additional medical bills, lost work or earning ability.

Medical Malpractice is complex and is governed by many bodies of rules and procedures for such claims. Filing a claim quickly is very important as a “statue of limitations” can stop your claim.

Your Florida Medical Malpractice Attorney

If you or a loved one has been injured by medical malpractice, you may be entitled to compensation. Get expert help now. Contact us online or call (352) 292-1620 for a free initial consultation to discuss your case.

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