How medical malpractice differs from negligence in Florida
Understanding the distinction between medical malpractice and negligence is important. Both terms relate to the failure to meet a standard of care, but they apply in different contexts.
What is negligence?
Negligence is a legal concept that encompasses a wide range of situations where an individual fails to act with the level of care that a reasonable person would in a similar circumstance. To establish negligence, the injured party must prove that a duty of care existed, that the duty was breached, and that this breach caused harm. This can involve various scenarios, such as car accidents or slip-and-fall incidents.
What is medical malpractice?
Medical malpractice is a specific type of negligence that pertains to healthcare providers. A medical malpractice claim arises when a healthcare professional fails to provide care that meets the accepted standards within the medical community. For example, they leave a surgical instrument inside a patient during a procedure.
To succeed in a claim, the injured party must prove that the provider’s actions fell below these standards and directly resulted in harm.
Key differences
The key difference between medical malpractice and general negligence lies in their context. While negligence can occur in many areas of life, medical malpractice is strictly related to the provision of medical care. It also requires evidence of a breach of medical standards.
Clarity is essential for understanding legal rights
Recognizing how medical malpractice differs from negligence is vital for those navigating healthcare issues in Florida. This understanding can help individuals make informed decisions about their legal rights and options in the face of potential harm.The post How medical malpractice differs from negligence in Florida first appeared on Kurzban Kurzban Tetzeli and Pratt P.A..
