What is Medical Malpractice

Get your no-obligation
case evaluation

Your information is kept 100% confidential. We do not spam or sell your information.

With every doctor or hospital visit, you place your health in the hands of medical experts. You assume they are capable and highly qualified to care for your well-being. Your subconscious believes they have the education and skills necessary to treat you. Without a second thought, you give your trust during some of the most vulnerable periods of your life.

Often, your nerves distract you, and you try to calm them. Fear can cause you to feel confident in your health professional's competence. But if you do not ask, how can you know for sure?

Most patients instinctively feel safe with their doctor. They are comfortable with procedures and operations. This is even the case for those who do not ask for qualifications. Do you remember the last time you asked?

It may be naive to believe that all health specialists will care for you, but most of us do.

Although plenty of doctors do not have ill intent, no one is perfect, and accidents happen. When medical malpractice occurs, it results in putting your health at risk.

10 Examples of Medical Malpractice

Many patients never have to experience medical misconduct from a health professional. Yet, for some, this is not the case.

Under the law, medical malpractice involves:

Violation of the Standards of Care

Medical standards are acceptable treatments and procedures for which health professionals must follow. If a practitioner is not consistent and strays from the standard of care, they are breaking the law. Not meeting these standards is a legal violation, and it can show that negligence exists.

Negligent Behavior Causing Injuries

To file a claim, the patient must have enough evidence to show that the health professional is in breach of duty. Patients must explain that their injuries come from poor care. They must also verify their wounds would not exist if the specialist gave them proper care.

A medical malpractice lawsuit can be expensive. Gather all your documents, records, and evidence before filing, to detect if you have a valid case. The data you collect can help build your case, but you cannot file it only on a disappointing outcome. You need more. To file a malpractice claim, you must prove your injuries result from negligence.

Medical malpractice cases usually need the testimony of medical specialists and others. They also end up costing more than you will recover. But if you want to file a claim against your medical professional, weigh the pros and cons to decide if it is worth it. It will need your time, effort, and money to file. If you want to proceed with the claim, contact an experienced attorney.

Once you connect with a lawyer, he or she will tell you more about how to prove your injuries. You may have to show they have caused a disability, loss of wages, significant pain, and/or suffering. You should also include an accumulation of past and future medical bills in your claim.

If your doctor administers the wrong medication or misdiagnosis, contact a lawyer immediately.

Here are a few other examples of medical malpractice:

  1. Surgical errors or wrong-site surgery
  2. Poor follow-up and aftercare
  3. Premature discharge from the health professional’s care
  4. Failure to diagnose
  5. Misreading or ignoring laboratory results
  6. Failure to order suitable testing
  7. Neglecting or not taking pertinent patient history into account
  8. Failure to recognize symptoms
  9. Absence of informed consent
  10. Breach of doctor-patient confidentiality

Medical malpractice cases occur from the actions or inaction of a health professional.


A patient suffers injuries resulting from a health care professional. These wounds appeared only after they strayed from the standards of their profession.


Who is Liable for Medical Malpractice Injuries?

When you go into a doctor’s office or hospital, you have rights if something goes wrong. The legal system will help determine who is liable for medical malpractice injuries.

A medical professional, physician, orderly, or nurse must provide a standard of care. If their actions result in injuries, you may have a medical malpractice claim.

Liability comes from an improper diagnosis or unjust surgery. It also happens when a health professional administers treatment without the patient's consent.

When medical care goes wrong, patients can sue to recover damages for malpractice. To file a claim, get to know the breakdown and common types of medical malpractice. The more you know about the legal elements necessary to build a winning case, the better.

Finding and Proving Fault in Medical Malpractice Cases

Medical malpractice cases have two fundamental components:

  1. Identifying who was at fault.
  2. Prove that he or she was at fault.

You must have evidence for both sections, otherwise the courts will reject your claim.

Standard medical malpractice cases show and prove that a medical expert was careless.


To help prove your case, you need to show:

  • The medical professional owed a duty to the patient. Breakdown of doctor-patient relationship in documents, x-rays, voicemails, etc.
  • Show causation. When a medical professional deviated from the standard of care, causing the patient's injuries.
  • The medical professional breached the duty owed to the patient.
  • A patient receives unnecessary or further injuries.

5 Essential Steps to Take When Medical Malpractice Occurs

If you or a loved one is a victim of medical malpractice, follow these steps:

  1. Contact the medical professional in charge of your care.
  2. Find out if a medical professional can remedy your issue with proper care.
  3. If your original health provider cannot correct the problem, seek medical help elsewhere.
  4. Discover the time limit for a medical malpractice claim. Find out when they run out, for they are subject to a statute of limitations. Deadlines can differ by state, but the general time limit is 3 years. Florida is two years. The time starts on the day of the alleged negligence, but it is best to file your case as soon as possible.
  5. Identify which of your medical records will apply to your claim and learn about how to get them.


Stop blindly going into doctor visits and hospital stays. Take charge of your health and get to know your medical rights. If medical misconduct causes your suffering or well-being to decline, take the necessary actions immediately.

Laws relating to medical malpractice are intricate and can be confusing. Contact a board certified medical malpractice lawyer for help. You need guidance to ensure your case holds up in court. Your lawyer will show you the steps of filing a suit, trial expectations, and any appeals that may follow.

If a health procedure goes severely wrong, know your legal rights. Learn medical malpractice laws and get a skilled lawyer to help recover damages.

K L Logo

Main Office: 200 E. Robinson St. Suite #400, Orlando, Florida 32801. Attorney Jeffrey Kaufman, Licensed in Florida Disclaimer: the purpose of this site is to provide information about legal options, not to provide legal or professional advice. You should not assume that the information on this site applies to your case without consulting with an attorney first. Requesting an initial consultation does not create an attorney client relationship. The hiring of a lawyer is an important decision that should not be solely based on advertisement.

© Kaufman & Lynd PLLC.