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Tampa Personal Injury Blogs from January, 2021

Tampa Medical Malpractice Attorney – How Does Florida Law Define Medical Malpractice

Mandelbaum Law

While there remains much debate about the topic, some studies have concluded that medical errors, or medical negligence, are the third leading cause of death and could account for over 250,000 deaths annually.  Regardless of the number, even one medical error resulting in death or catastrophic injury is too many.  Mandelbaum Trichler Law Center handles a wide variety of medical malpractice cases through Florida.

In Florida, medical negligence or medical malpractice is defined as a claim, arising out of the rendering of, or the failure to render medical care or services.  Section 766.106(1)(a), Florida Statutes.  In fact, Florida law states as much, “the existence of a medical injury does not create any inference or presumption of negligence against a healthcare provider. The claimant must maintain the burden of proving that an injury was proximately caused by a breach of the prevailing professional standard of care by the healthcare provider.”  It is also important to note that a bad outcome or an unfavorable outcome does not necessarily mean malpractice has been committed.

In order to determine if medical malpractice has been committed, a thorough review of the medical records is necessary.  The medical records must also be reviewed by another healthcare professional that specializes in the same specialty as the healthcare provider against whom may have committed the medical negligence.

Our Tampa medical negligence attorneys litigate all aspects of medical negligence and related wrongful death cases throughout Florida, including Hernando County, Hillsborough County, Pasco County, Pinellas County, Lee County, Manatee County, Polk County, Orange County and Sarasota County.  If you have any questions regarding a potential medical negligence claim, please contact us, your Tampa Personal Injury Attorneys.

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