Question 1

Do I Have a Medical Malpractice Claim or Negligence Claim?

Accepted Answer

The difference between medical malpractice and negligence is that medical malpractice is based on a professional standard in a healthcare setting. In contrast, negligence is based on an ordinary duty of care that applies to everyone.

Medical malpractice depends on professional standards of skill, training and actions, and negligence depends on reasonable behavior of ordinary individuals.

Question 2

What Is Medical Malpractice and Medical Negligence in Florida Law?

Accepted Answer

Florida law § 766.102 defines medical malpractice and medical negligence. It is when an injury occurs because of the negligence of a healthcare provider in breach of the prevailing standard of care. It considers the care, skill and treatment that is recognized as acceptable for the type of healthcare that the patient receives. Medical negligence is a form of medical malpractice, but medical malpractice also includes reckless and intentional misconduct. The personal injury lawyers at Bernstein & Maryanoff can help identify what type of claim you have and the compensation you may receive for your damages.

Question 3

Are Medical Malpractice and Medical Negligence the Same Thing in Florida?

Accepted Answer

Legally, medical negligence is a type of medical malpractice in the State of Florida. Medical malpractice can occur because of negligence, recklessness or intentional misconduct. If you are the victim of medical malpractice in Florida, you have received substandard healthcare that is legally inadequate in some way.

All medical negligence is medical malpractice, but reckless and intentional actions are also medical malpractice. If you have suffered injuries due to medical malpractice, contact our team to learn how we can fight for your rights and hold the wrongdoers accountable.

Question 4

Why Does the Difference Between Medical Malpractice and Ordinary Negligence Matter in Florida Matter?

Accepted Answer

The differences between medical malpractice and ordinary negligence have practical implications in Florida legal claims in several different ways:

The pre-suit process – In a medical malpractice claim, Florida law § 766.106 requires the victim to undergo an involved pre-suit investigation process. If the claim is based on ordinary negligence, these requirements do not apply.
Shorter statute of limitations – Medical malpractice carries a two-year statute of limitations, while the statute of limitations for general negligence is four years. See Florida law § 95.11(3)(a)(4)(b)
Different proofs – For a medical malpractice claim, it’s almost always necessary to employ a medical expert to explain the standard of care and how a breach of duty occurred. There are steps to qualify the individual as an expert and admit their testimony into evidence.

Question 5

How Can an Attorney Help Me With a Medical Malpractice and Negligence Case?

Accepted Answer

When you are the victim of a personal injury that occurs in a medical setting, an attorney can help you with the many complex tasks involved in claiming compensation. You need to know what type of claim you have so that you can go about pursuing it in the right way. Even your very first pleadings must precisely state whether you are claiming medical malpractice, negligence or both.

Then, you must follow the proper procedural steps and gather the evidence to prove the type of case you are pursuing. An attorney can help you evaluate your case to determine if medical malpractice or ordinary negligence has occurred. They understand the different types of proofs needed, and they can assist you in following all of the necessary steps to bring your claim effectively.