Medical Malpractice Attorneys, Tampa, Florida
Medical 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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