In terms of how medical malpractice differs from negligence, malpractice refers to a type of negligence involving a healthcare provider‘s failure to meet a prevailing professional standard of care. Unlike ordinary negligence claims, medical malpractice cases involve professional medical judgment, treatment, or care administered by a healthcare provider.
The West Palm Beach medical malpractice lawyers at GOLDLAW offer legal guidance and support to individuals interested in filing lawsuits against medical professionals who have committed harmful acts.
Our attorneys can learn about you and your case against a medical practitioner. From here, we can explain whether you have grounds for seeking compensation from this practitioner through a medical malpractice or negligence lawsuit.
How Does Medical Malpractice Differ from Negligence in Florida?
In Florida, medical malpractice is legally treated as a form of medical negligence. Medical malpractice claims involve allegations that a healthcare provider failed to meet a prevailing standard of care applicable to the circumstances.
For those who are unsure about how medical malpractice and negligence are different and whether you are eligible to file a lawsuit against a medical provider, consult with the West Palm Beach personal injury lawyers at GOLDLAW.
Our attorneys can give you insights into medical malpractice and negligence and how either may apply to the specifics of your situation. If you are eligible to sue for medical malpractice or negligence, we can help you file your lawsuit in accordance with Florida law.
For a free legal consultation, call 561-222-2222
Can You Sue for Medical Malpractice or Negligence?
Regardless of how medical malpractice and negligence can be different, you can sue a medical provider if substandard care caused legally compensable harm, such as physical injuries or lost income.
The attorneys at GOLDLAW know what it takes for your medical malpractice or negligence lawsuit to be successful. In your lawsuit, we can help you prove the following:
- The medical provider had a professional duty of care.
- This provider breached their duty by failing to meet a prevailing professional standard of care.
- The breach of duty directly caused you to get hurt.
- You have suffered tangible or intangible losses due to the provider’s actions.
Generally, there is a two-year statute of limitations to sue for medical malpractice or negligence in Florida. Under Florida Statute § 766.106, you must meet the following conditions before you can sue for medical malpractice or negligence:
- Conduct a reasonable investigation.
- Obtain a corroborating medical expert opinion.
- Serve a Notice of Intent to Initiate Litigation.
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How Does a Medical Malpractice Lawsuit Differ from a Medical Negligence Lawsuit?
The personal injury attorneys at GOLDLAW understand why medical malpractice cases and wrongful death cases are difficult to litigate. When we help you file your medical malpractice or negligence lawsuit, we will focus our argument on how a professional healthcare provider breached their medical standard of care.
For example, if your case reaches trial, our attorneys can detail to a judge or jury how medication errors, diagnostic mistakes, surgical errors, or other failures by healthcare staff to follow an applicable standard of care caused you to get hurt.
In addition, when we file your medical malpractice or negligence lawsuit, we will account for the modified comparative negligence standard in Florida.
Under this standard, if you sue a medical provider and are found to be 1-50% liable, your damages will be reduced by your percentage of fault. Alternatively, if you’re more than 50% to blame, you cannot recover damages.
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How Much Is a Medical Malpractice or Negligence Lawsuit Worth?
The compensation that you can get in a medical malpractice or negligence lawsuit will depend on your losses. At GOLDLAW, our lawyers want you to recover several types of economic and non–economic damages, such as:
- Past medical bills
- Projected costs of future lifetime care
- Lost wages
- Loss of future earning potential
- Pain and suffering
- Loss of enjoyment of life
Our attorneys can use your medical records, witness statements, income records, and other forms of proof to illustrate why these and other damages are warranted. If we have relevant evidence, we are well-equipped to get you fair compensation through a settlement or litigation.
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The Bottom Line on How Medical Malpractice and Negligence Differ
If you have questions about the difference between medical malpractice and negligence and whether you have a case for suing a medical provider for either reason, talk with the team at GOLDLAW.
We will give your case our personal attention. Depending on the situation, we can guide you through the process of filing a medical malpractice or negligence lawsuit.
Our firm has more than 200 years of combined legal experience. Our attorneys can discuss how medical malpractice and negligence are different and give you information about what can happen if you sue a medical provider for compensatory damages.
Get GOLDLAW and get the help you need and compensation you deserve. We resolve many cases in under a year, and our attorneys work on contingency, so there are no fees or costs unless we win your medical malpractice or negligence case. To find out more, request a free case evaluation.
