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What Is Considered Medical Malpractice In Jacksonville?

Posted on August 8, 2016

Patients in Jacksonville and around the nation trust their doctors to provide them with the best medical care possible. While no results can be guaranteed, there is a duty on the part of the doctor to provide the prevailing professional standard of care. However, what happens if the doctor fails to provide that care, provides inappropriate care, or fails to diagnose or treat a condition that results in harm to the patient? This may be medical malpractice and sadly, it happens more often than people realize.

How Is Medical Malpractice Determined?

Jacksonville medical malpractice can only be determined by bringing a claim or lawsuit against the responsible medical professional and proving that he or she breached the applicable standard of care by the greater weight of the evidence. A patient (the claimant) is required to prove four necessary elements to be successful in bringing his or her claim:

  1. That the medical professional owed a duty to the patient. This is straightforward in a doctor-patient relationship and can be readily shown by the fact that the patient sought treatment and the medical professional offered the same.
  2. That the medical professional in some way breached that duty to the patient and was therefore negligent. Again, the standard of care here is the most critical piece of information. For example: if the patient suffered an injury that only a highly trained specialist would recognize, the proper treatment by the medical professional in question was not a highly trained specialist. His or her failure to treat properly might be considered negligent.
  3. That the patient suffered compensable harm.
  4. That the harm suffered was due to the medical professional’;s negligence.

What Types of Actions Can Constitute Medical Malpractice?

Medical malpractice can occur when:

  • A medical professional improperly treats or fails to treat a patient
  • A medical professional fails to properly diagnose a condition
  • A medical professional fails to properly follow up with a patient
  • A medical professional prescribes incorrect or inappropriate medications

Negligence such as the types identified above can occur in office visits, emergency room care, surgery, pre- or post-operative treatment, therapeutic treatment, and others.

Why Do I Need An Attorney?

If you or a loved one was harmed due to medical malpractice, there are very specific time limitations to bring an action, and a limited opportunity to seek out all the relevant evidence to support a claim. Don’;t delay. If you or someone you care about was caused harm in the course of their medical treatment, contact Farah & Farah to discuss legal rights and responsibilities.