As a medical malpractice lawyer, I know that medical malpractice occurs much too often in America today. Doctors' negligence causes 98,000 patient deaths each year. On the flip side of that coin, I also know that many more injuries, deaths and other negative outcomes related to medical care are frequently not the doctor's fault and cannot be considered medical malpractice.
What is and is not medical malpractice? I counsel many people who have suffered negative results in a hospital or as a result of medical care. I often advise victims of negligent medical care that although they have a valid claim, the expense and risk involved in Florida medical malpractice lawsuits do not justify filing a claim in their case.
However, many people I advise do not have an actionable claim for medical negligence because either no negligence occurred or any negligence that did occur did not cause the injury.
For example, just because your prescription medicine fails to cure your ailment does not mean you have been the victim of medical malpractice. If your surgery actually worsens your condition, that in itself is not a clear violation of medical standards that would allow you to sue your surgeon. Even misdiagnoses are not automatically medical malpractice.
Many reasons exist for a bad medical outcome. Medicine is an art more than a science. Patients can have multiple, contradictory medical conditions that make all treatment options for ailment #1 become risky because the way they would effect ailment #2. In those risky situations, bad outcomes cannot always be prevented despite the most careful treatments.
On the other end of the spectrum are cases where the doctor did commit negligence, but the doctor's mistake did not actually cause the harm. For example, if a surgeon leaves a sponge in a surgical patient but that patient dies the next day from a stroke. In that case, the infection setting in from the sponge did not cause the stroke so no medical malpractice suit can be filed.
About this Author
Art Zimmet is an injury lawyer who will tell you something most lawyers won't. If you've been injured by the negligence of another, you might not need a lawyer. But before you sign any forms, speak with an insurance company or hire a lawyer, get the free books and information available at my website http://zqlawyers.com. Also visit http://thechildinjurylawyer.com for Florida child injury legal resources. Both sites are full of valuable information and you won't be disapointed.
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