Medical Malpractice vs. Medical Negligence: How Each Differ

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Suffering a fatal injury or death while still under the care of a health provider might signal medical malpractice or negligence. While medical malpractice and medical negligence differ significantly, these two legal terms have been used to mean the same thing in our communities.

Pursuing a claim of medical negligence or medical malpractice is nuanced with several complexities that only a skilled an experienced medical malpractice attorney can handle.

If by any chance you or your loved one has been the victim of medical malpractice or medical negligence in Florida, you should consider contacting JustCallMoe today.

Medical Malpractice

Medical malpractice refers to the failure to provide an acceptable standard of medical care often resulting in an injury or death of a patient. There exist many forms of medical malpractice, but in general, one must prove that a healthcare professional disregarded the acceptable standards of care.

Here are some of the common types of medical malpractice:

  • Delayed diagnosis
  • Surgical errors
  • Failure to diagnose and treat
  • Wrong prescription
  • Misdiagnosis

Medical Negligence

Medical negligence occurs when a health practitioner fails to take necessary medical action or harms the patient unknowingly.

Medication is a common area where medical negligence occurs. A good example of medical negligence is when a nurse ay unwittingly leave a cotton swab in a patient’s wound.

Only medical professionals or institutions are liable in a medical negligence suit and the plaintiff involved must prove that the accused professional or institution disregarded the available acceptable standards of medical care.

Medical Malpractice Statute of Limitations in Florida

The law in Florida dictates that a lawsuit for medical malpractice must be filed within two years of learning that you were harmed or from when you should have reasonably known that you were harmed. It is important to act as soon as possible after learning of an injury or the statute of limitations may forever bar you from being able to bring any claim.

Medical Malpractice Damages Cap in Florida

Recently in January 2022, the non-economic damage cap for medical malpractice in Florida was struck down by the state’s Supreme Court. As of right now, there are no caps for either economic or non-economic damages, and the state statutes are likely to update in the future.

Contact Us to Learn More About Your Case

Are you a Florida resident who believes you’ve been a victim of medical malpractice, or a negligent act by a healthcare practitioner? If you’re looking for the counsel of an experienced medical malpractice and personal injury attorney, contact JustCallMoe at 866-225-5663.

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