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Medical Malpractice Attorneys, Tampa, Florida

Medical MalpracticeMedical malpractice is the failure of a medical professional to meet the standard of good medical practice in the area in which the medical professional practices. A medical professional may be a doctor, a nurse, a medical technician, or other health care provider. If the medical professional fails to meet the standard of good medical practice and harm results to a patient, the medical professional may be liable for any resulting damages by an attorney. In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty.

The duty of a medical professional usually is not the duty to cure or to guarantee a good outcome from treatment. The duty is to provide good medical care according to accepted standards in the community, or, in the case of a specialist, accepted standards in that medical specialty. A medical professional may, however, have a different duty of care if a specific guarantee of a particular result is given to the patient.

What is Malpractice?

The concept of medical malpractice negligence is very broad and encompasses virtually every kind of mistake that could be made by a medical professional. A common mistake is the failure to properly diagnose a patient's disease or injury resulting in improper or delayed treatment.

In Tampa and beyond, other actions which may constitute medical malpractice include:

  • Improperly prescribing a drug
  • failing to inform the patient of available treatments or
  • continuing a treatment that has been shown to be ineffective
  • failing to provide information to a patient.

Some types of injuries are considered "negligence per se" or negligence "on the face of it," because the particular type of injury could not have occurred without the negligence of someone involved in the patient's treatment. For example, if a medical instrument is left inside the patient’s body following an operation, negligence usually may be assumed without further proof.

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