What is Medical Malpractice?


Medical malpractice is the treatment and care provided by health care practitioners that falls below the accepted standard of care in the medical community. It is a significant source of lawsuits in our country due to errors and omissions in care, diagnosis, and treatment. Faulty systems and processes contribute to malpractice in medical settings such as hospitals, private physicians’ offices, nursing homes, and outpatient centers. Many variables result in system failure. Examples include a lack of adequate training, assigning tasks to inappropriate staff, the timeliness of treatment for complex illnesses, and other variables that result in poor patient outcomes.

What Constitutes Medical Malpractice?

Failed, delayed, or incorrect diagnoses are the basis for many medical malpractice claims. Substandard care can include medication errors, injuries from falls, obstetrical events, pressure ulcers, infection of surgical sites and surgical errors, ventilator-associated pneumonia, restraint related injuries, and many other adverse circumstances. Frequently misdiagnosed conditions are cerebral vascular accidents, myocardial infarctions, fractures, cancers, embolisms, abscesses, and hemorrhaging. All of these diagnoses and others have significant impacts on a patient’s recovery.

The advent of COVID-19 has escalated the legal arena for civil lawsuits, including medical malpractice. The pandemic’s intensity brought an overwhelming number of patients to hospitals, with limited equipment and workforce resources. Ventilators were being donated to the hospitals. Medical staff had to quickly learn the controls and technology of unfamiliar units, causing room for error. The hospital staff was transferred from their specialty units to work in areas beyond their usual practice scope. In many instances, professionals cared for patients in medical facilities that were unknown to them. To further complicate the situation, families were not permitted to be present to advocate for their relatives. Although some states have issued legal immunity for pandemic-related lawsuits, Florida patients can seek improper treatment compensation.

Choosing a Medical Malpractice Attorney 

If you or a family member has been harmed during the course of medical treatment, selecting the right medical malpractice attorney is vital to the success of your claim. Medical malpractice law is a specialized and unique legal practice area, requiring an attorney to have extensive knowledge and skill. In this field of practice, attorneys analyze medical records, conduct medical research, review insurance policies and medical bills. This information is presented before the court, accompanied by testimony from medical expert witnesses, to prove negligence. The plaintiff’s attorney must show that a medical practitioner or medical facility acted negligently, which resulted in harm to the patient. Hospitals, medical practitioners, and medical malpractice insurance companies generally have tough litigation experts defending claims.

Sources for Finding a Qualified Medical Malpractice Attorney are:

  • Recommendations from your trusted network of friends, family, business, and professional connections can be reliable references.
  • Contact your health insurance company. They may be able to offer advice regarding medical malpractice attorneys in your location.
  • Your primary care physician may refer you to a reputable local attorney that can handle the case if they are not part of the claim.
  • Professional associations such as the Personal Injury Trial Attorney Association or the National Board of Certified Trial Specialists can help locate a highly qualified attorney for your case.
  • Lawyer’s directories detail profiles of legal services and contain a wealth of information. Examples are an attorney’s education, experience, areas of practice, verification that a lawyer is in good standing, and client reviews.

To find an attorney that meets the highest industry standards in medical malpractice law, search our free online legal directory.