How to Determine If You Have Been a Victim of Medical Malpractice?

What is medical malpractice?

Medical malpractice, also known as medical negligence, occurs when a healthcare provider fails to meet the standard of care.  According to Fla. Stat. 766.101, healthcare providers include licensed physicians, osteopaths, podiatrists, optometrists, dentists, pharmacists, hospitals, chiropractors, ambulatory surgical centers, and hospitals.

How do I know if I have a case for medical malpractice?

In order to determine whether you have a case, the standard of care of the treatment given must be established.  Medical malpractice is a highly complex area of law and requires the review of at least one medical expert to determine whether the standard of care was met. If the medical expert determines that your medical care was below the standard of care, then you may have a case for medical malpractice.

What are some examples of medical practice?

One example of medical malpractice is the improper diagnosis or failure to make a timely diagnosis. You may have a medical malpractice claim if other doctors would have reasonably diagnosed your illness, but your doctor failed to make a timely diagnosis.

Other examples of medical malpractice are un-needed surgery or surgical errors. Although rare, there have been cases where doctors have operated on the wrong limb or organ.

Furthermore, an improper prescription or the administration of the wrong dose of medicine can be an example of medical malpractice. If a doctor, nurse, or hospital administers the wrong medicine or dose, the consequences could be fatal.

Another example of medical malpractice is the failure to solicit all of the necessary information from the patient. If a medical provider fails to ask the right questions or overlooks significant details in a patient’s medical history, the provider or hospital could be guilty of medical malpractice if this adversely impacts the patient’s care.

Additionally, a premature hospital discharge could be an example of medical malpractice. Every year patients who are undergoing heart attacks or suffering from serious medical conditions are released early from the hospital, with dire consequences.

Also, if a provider fails to order the right tests to diagnose the patient’s condition, they may be liable for medical malpractice. Occasionally, patients exhibit symptoms for which they need testing and yet their doctor fails to order the testing they need.

Lastly, an example of medical malpractice is an induced injury sustained during the process of birth. The delivery of a baby requires skill and care. If a doctor makes an error during delivery, the baby could suffer life-long injuries or a disability.


Miller Trial Law is experienced in determining and coordinating the care that you or your loved one may need to maximize your recovery and enjoyment of life after falling victim to medical malpractice.  If you or someone you love was injured or died because of potential medical malpractice in Florida, Miller Trial Law may be able to help. Call (305) 670-8312 for a FREE consultation today.