Medical Malpractice

Medical treatment requires you to trust your doctors and other medical professionals. For many of us, this is not a difficult thing; all our lives, we believe that doctors know best. But, do you really understand what your doctor is saying? How do you know that your doctor is worthy of your trust?



When it comes to all things medical we rely on professionals to maintain and protect our health. We trust  that schooling and training will lead to competent performances in surgery and other medical duties. Unfortunately that is not always the case, medical professionals can sometimes make mistakes. These errors sometimes can be minor but other times can lead to things like serious injuries, avoidable illnesses, and in extreme cases wrongful deaths. 


The most common cases of medical malpractice are: 

  • Surgical Errors: Wrong site surgery or avoidable complications, etc;

  • Nursing Negligence: Failure to follow orders or to properly monitor, etc;

  • Physician Negligence: Failure to diagnose and treat or misdiagnosis, etc.;

  • Hospital Negligence: Infections, laboratory or pharmacy errors, etc.

What is Medical Malpractice and how do I file a case? 

In order for something to be considered a medical malpractice case certain elements must be present. Such as: 


  • Formal patient and Dr. relationship 

  • Breach of duty or care due to negligence: This means any avoidable errors such as sterilizing tools, asking what medications the patient was on, and other standard protocols

  • Negligence caused injury

  • The injury caused by negligence led to damage 


Based on the case's specifics, compensation can be found for things like hospital bills, lost income, physical pain and suffering, etc.  


The State of Florida itself has its own standards of care. This means that doctors must offer the same level of care to each patient under similar circumstances. If any person feels as though they were not receiving a reasonable standard of care which resulted in an injury then they may have a case.  


Things like understaffed hospitals, overworked nurses, unqualified physicians, cost-cutting and human errors can lead to unnecessary, devastating, and life changing consequences. The law regarding a malpractice suit in the state of Florida can be difficult to navigate. Since proof of malpractice falls on the victim, another medical professional has to be called in to evaluate and testify on your behalf. Not to mention causation has to be proved which means proof that it is the professionals fault the injuries were sustained. 


Calling a personal injury attorney can help to ensure that you are properly navigated through your medical malpractice. Not to mention receive the proper care and compensation you deserve. So If you or a loved one were injured due to medical malpractice you may want to contact a personal injury attorney. The attorneys at Demesmin and Dover law firm, upon closer investigation, can help you explore your legal options with a free case evaluation as well as guide you through the process. Call us today!

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