Medical Malpractice Lawyers Orlando
So what is Medical Malpractice? Medical Malpractice is generally defined as the event that occurs when a doctor messes up in some legally recognizable way, that causes harm to a person because of that mistake. Click here for a description of medical malpractice from an outside legal resource (or simply Google It).
Medical Malpractice cases are often somewhat tolling on the parties involved, they are difficult to litigate, and they often require a lengthy Court battle.
Proper Standard of Care
So what is the general legal standard for Medical Malpractice cases? Doctors are held to a higher level of care than the average person. So when you ask whether a doctor used the proper standard of care or exercised sound decision making during surgery, the question that is asked, is whether your doctor exercised the standard of care that is used by other medical professionals in the area to treat or care for patients under the same or similar circumstances.
In other words, did the doctor failed to act as a reasonable doctor in a similar circumstance. For example, did the doctor do something that is far beyond what any doctor would do if given the same set of circumstances? Or did your doctor fail to do something that is considered mandatory and always done in that certain type of procedure?
Harm caused by negligence
The next question in a Medical Malpractice case is whether that medical malpractice actually caused the harm that you complain of? So let’s say for example that your doctor messed up during a risky surgery and you were never able to recover back to 100% health after the surgery. Let’s also assume that the failure to recover was due to the risk of the surgery, and resulted from something the doctor did correctly during the surgery but still ended up causing complications. In this case there is no recovery. There must be HARM, with CAUSATION, that results from MALPRACTICE. Otherwise, there is no recovery.