What is the Difference Between Florida Medical Malpractice and Medical Negligence Laws
Medical malpractice and Medical Negligence laws are very similar; however, there are a few differences that some medical malpractice attorneys may not understand. It is crucial that you hire a Boca Raton medical malpractice firm that understands both of these personal injury claims in order to ensure your case is handled properly. If not, you may risk losing your case or receiving less money than you deserve for your claim. The attorneys of The Broderick Law Firm, P.L. not only understand the differences between these two areas of law.
What is Medical Malpractice?
Medical malpractice always involves some type of negligence on the part of the medical provider or medical facility; however, not every instance of medical negligence rises to the level of malpractice. One difference is the “intent” of the medical provider. A medical provider may simply fail to do something they should have done to treat a patient; however, a doctor who chooses to do something he knows could potentially harm the patient (i.e. to save money and/or time) commits malpractice.
A recent Flo Court of Appeal decision further defined the difference between medical malpractice and medical negligence. In the case of Jane Doe v. Baptist Primary Care, a lower court judge ruled that Jane Doe could not pursue her case because the allegations fell under medical malpractice and she had failed to provide the proper notice and missed the statute of limitations.
The appeals court overturned the lower judge’s ruling stating that the claim was not medical malpractice as the lower court said but medical negligence. The appeals court said the alleged act did not originate from the “provision of a medical diagnosis, treatment, or care to (Jane Doe), but from simple negligence.” Therefore, Jane Doe could continue with her action for medical negligence.
Choose Your Attorney Carefully for a Malpractice and/or Negligence Claim
Distinguishing between a Florida malpractice claim and a medical negligence claim is essential in order to ensure you receive compensation for your damages. You need an experienced Boca Raton medical malpractice attorney to review the details of your case; conduct a thorough investigation; interview witnesses; and, review evidence to determine the correct action to file.
Filing the wrong claim may result in your case being dismissed entirely or it may cost you time and money as the attorney tries to correct the problem through appeals and other actions. You won’t have this problem if you hire the medical malpractice attorneys at The Broderick Law Firm, P.L.
Have You or a Loved One Been Injured by Medical Malpractice or Medical Negligence?
The medical malpractice attorneys of The Broderick Law Firm, P.L. want to help you gain justice against the person and/or medical facility who caused you injury due to malpractice or negligence. These issues are extremely complex and require an attorney with extensive experience handling this type of personal injury case.
We understand Florida’s medical malpractice laws and Florida’s medical negligence laws. We know the elements that must be proven in order for you to win your case and we will never stop until we have the evidence we need to get you justice for your damages.