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The terms negligence and malpractice are frequently used interchangeably.
Medical Malpractice: Improper or negligent medical treatment of a person under a medical professional's care, which results in injury or death.
When a doctor fails to administer treatment quickly enough and the patient's condition gets worse?or fails to respond to treatment?the doctor has exhibited medical negligence and could be liable for malpractice.
Improper treatment is a form of medical malpractice. It differs from other common examples of malpractice, such as failure to diagnose or misdiagnosis. With improper treatment, the doctor diagnoses the condition correctly but fails to undertake the proper treatment.
Medical negligence is defined as any act or failure to act by a medical professional that deviates from the accepted medical standard of care. Standard of care in medicine refers to the level of treatment that any medical professional would deliver in similar circumstances.
Under state law, a patient may pursue a civil claim against physicians or other health care providers, called medical liability or medical malpractice, if the health care provider causes injury or death to the patient through a negligent act or omission.
Recoverable Damages under Florida's Wrongful Death Act The Florida Wrongful Death Act allows family members of the deceased to recover damages for their loss (Fla. Stat. § 768.21). These damages may include medical and funeral expenses and the wages or salary that would have been earned by the deceased.
While you can sue a doctor in Florida for medical malpractice, it's important to understand what qualifies as malpractice. While many things can go wrong after treatment, malpractice is only committed when a mistake, error, or misjudgment by medical professionals results in unforeseen injuries.