What is medical malpractice?

https://mygainesvillelawyer.com/faqs/medical-malpractice/

Gainesville Florida Medical Malpractice Attorney Gil Alba offers basic information about medical malpractice cases, claims or lawsuits.

Transcript:

What is medical malpractice, really?

Medical malpractice happens when a doctor causes harm through negligence. Negligence is the key word here—there are many instances where a person might be harmed or injured during the course of receiving medical care in which the medical provider was not negligent, but was acting in good faith. This can make these cases sticky and difficult to prove.

You also have to be able to prove the injury was foreseeable. This is called “proximate cause.” The idea here is that medicine is as much art as science. Two conditions can present very similar symptoms, for example. The doctor might well come to a conclusion and prescribe medications or procedures for the wrong condition, but this wouldn’t necessarily be something he could have foreseen.

And, of course, you have to prove damage was done.
Things get even stickier when you’re talking about emergency room care. Doctors and nurses are under a great deal of pressure and so must have committed “reckless disregard”. The idea here is that they’re already in a high-stress situation where distraction is likely and where working quickly is the norm.

What makes a good case?

The first issue is whether or not it makes economic sense to pursue the case. Lawyers take medical malpractice cases on contingency, and Florida law makes them difficult to win. They are also very costly in terms of the firm’s out-of-pocket expenses.
It’s not that most attorneys are not filled with compassion for your situation, because we are. We just know that some cases are not going to fare well in the courts. This can seem incredibly unfair, but it’s the truth.

If it makes sense to proceed we’ll then conduct a thorough investigation to make sure that there’s a reasonable argument for the presence of negligence, proximate cause, and damages. If we find there is, we’ll generally take the case. We actually have to certify, in writing, that we took these steps—we can face sanctions if we don’t. Florida has little tolerance for frivolous medical malpractice suits. Again, the amount of investigation we’ll put into this case is nothing personal—it’s just what we have to do in order to even have a chance at winning the case for you. Most other medical malpractice attorney would tell you the same thing.
Keep in mind that it’s sometimes a good idea to seek a second legal opinion. If you’ve been turned down by another lawyer, for example, there’s nothing wrong with coming to us. Some attorneys are quite successful at pursuing cases that colleagues won’t touch with a ten-foot pole.

Law Office of Alba & Yochim P.A.
2700 NW 43rd Street, Ste D
Gainesville, FL 32606

Phone: (352) 327-3643
Toll Free: (800) 520-5945
Fax: (352) 354-4475