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Medical negligence is actually more common than you think. According to the Journal of the American Medical Association (JAMA), it is the third leading cause of death in the United States. However, it is not the same as medical malpractice. Malpractice involves proving a medical professional’s negligence directly led to the injury or damage of the patient.

Types of medical malpractice include:

  • Misdiagnosis
  • Mistakes in prescribing or administering medication
  • Surgical errors
  • Negligence affecting pregnancy and childbirth

In order to pursue a medical malpractice case in Florida, four elements must be present before proceeding. These factors include duty, breach, causation, and damages.


Duty means a health care professional must owe an individual a responsibility to act reasonably and appropriately. For example, if you have a family friend who is a medical practitioner, and you ask them an offhand question at dinner, their response cannot be blamed for your actions regarding a potential illness or condition. You must be seeing the doctor or medical professional for a particular reason in his or her office with the intention of diagnosing or treating a problem. In this setting, his or her duty is to help you medically resolve the issue. A failure to do so would be considered violating his or her duty.


Because a medical professional is obligated to help you if you visit their office for medical advice or treatment, it is their responsibility. If they don’t meet this obligation, it is considered a breach of duty. Doctors and other medical professionals must meet a certain standard of care. This standard of care means any reasonable doctor would act a certain way or provide precise treatment for the patient’s medical care.


If a medical professional has breached his or her duty to the patient, and the breach led direction to some harm to the patient, the breach caused the injury. For example, if a misdiagnosis leads a patient to believe he or she does not have cancer, and the patient is never treated for it, any progression of cancer that leads to further damage or death would be caused by the initial misdiagnosis.


Using the above example, if a doctor doesn’t diagnose a person’s cancer, and the disease causes a person’s death, the breach would have caused irreparable damage to the patient and his or her family.


If you’ve experienced severe damage as the result of medical negligence, you might have a medical malpractice case on your hands. Talk to one of our experienced Florida personal injury attorneys at Pazos Law Group. We will do our best to examine your case and provide you with an honest assessment of your situation and your case’s potential outcome. Our firm is experienced in Florida personal injury laws and statutes of limitations. We also have the right skills and resources to handle all types of personal injury cases, no matter how complex.

Our empathetic attorneys have worked with many people experiencing stressful situations. We strive to treat you as an individual, rather than a case number. Pazos Law Group is proud to make a difference in people’s lives. Let us see what we can do for you and your situation.

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