Is It Only Doctors Who Commit Medical Malpractice?

By Osborne & Francis
July 18, 2024

Each year, tens of thousands of medical malpractice lawsuits are filed in the U.S. against negligent healthcare providers. Some number of those are dismissed because the error did not actually constitute medical malpractice. In order for a legitimate claim of medical malpractice to be brought, the error made must violate the medical standard of care. Additionally, there must have been some resulting harm that can be compensated. This can look like damages for pain and suffering, lost wages, the costs of revision surgery, and other associated costs. 

Holding the correct party accountable can help ensure you get the compensation you need.

It is a common misconception that only doctors can be accused of medical malpractice by their injured patients. If a healthcare provider has failed to treat you or a loved one according to the standard of care, you may be able to recover compensation if their negligence resulted in physical, financial, or emotional harm. 

The seasoned personal injury attorneys of Osborne & Francis can help you navigate the complex process of filing a medical malpractice lawsuit. To schedule a free case evaluation, call us at (561) 293-2600. You can also contact us online at our Boca Raton or Orlando office.

Florida Doctors Accused of Malpractice Can Be Held Liable

There are multiple actions that doctors can be held liable for in a Florida medical malpractice lawsuit. Among the most common are misdiagnosing or failure to diagnose, which can result in incorrect or delayed treatment. Their failure will be considered in the context of their experience. Essentially, if most doctors with the same specialty and a comparable level of experience would not make that mistake, that is a good indication they may have violated the standard of care, making them liable.

Surgeons May Face Medical Malpractice Allegations for Serious Errors

Surgeons are under significant pressure, but they are also entrusted with a great deal of power. Unfortunately, surgical errors are one of the most commonly cited forms of medical malpractice. This can include leaving instruments inside the patients, executing a procedure incorrectly, and failing to use the proper surgical instruments or devices, to name a few errors.

Dentists Who Cause Injury to Patients Can Be Sued 

Examples of medical malpractice in dentistry can include operating on the wrong side of the mouth or extracting the wrong tooth, failing to diagnose an issue like cancer, and neglecting to treat complications that arise, such as infections. Patients should be aware that medical malpractice claims against dentists and oral surgeons can be more difficult to settle than the average medical malpractice lawsuit, as they operate within an extremely small area with limited room for maneuvering. 

Healthcare Workers Like Pharmacists Still Need to Meet the Standard of Care

Pharmacists are charged with distributing a wide variety of medicines to patients. With this responsibility comes the duty to warn them of potential side effects, administer the correct dosage, and provide a refill when prescribed by a physician. Additionally, they must consider things like how one medication may adversely impact or nullify the effects of another. When they fail to uphold the standard of care, patients can be put at risk.

Florida Hospitals Can Face Medical Malpractice Lawsuits

When most people think of medical malpractice, they think of an action taken -or not taken- by an individual provider. However, institutions like hospitals can be held liable for administrative policies or actions that directly jeopardized a patient’s health and resulted in injury and damages. For example, a hospital that had been negligent in maintaining its supply of critical drugs like insulin could potentially face a medical malpractice lawsuit if a patient went into shock or was otherwise harmed because they didn’t have enough to go around. Another common issue is being understaffed.

Florida Patients May Seek Damages From Negligent Ambulatory Surgical Centers

A surgical ambulatory center is designed to reduce long wait times and expedite surgical intervention for patients who need more minor procedures. Patients are still entitled to receive the standard of care. This includes receiving informed consent, appropriately administered treatment, a correct and timely diagnosis, and a procedure free from damaging and reckless errors.

Emergency Room Mistakes Can Cause Devastating Injuries

Emergency rooms are known for their chaotic nature, but that does not let physicians off the hook for proving the standard of care. In an emergency room medical malpractice claim, the issue we most commonly see is an issue with the diagnosis. Providers who are in a rush may mistakenly diagnose a patient with the wrong condition, overlook an injury, or delay a diagnosis, but medical malpractice is more than that. If an emergency room provider with comparable experience operating under similar conditions likely would have made the same mistake, it may be insufficient for a medical malpractice lawsuit. This evaluation is best left up to an experienced medical malpractice attorney and expert witnesses. 

Urgent Care Centers Are Accountable for the Treatment They Provide

Many people turn to local urgent care centers for more minor injuries and shorter wait times. When an urgent care misdiagnoses an illness, improperly treats an injury, or attempts to offer treatment beyond the scope of their qualifications, they can potentially face allegations of medical malpractice.

Other Healthcare Providers Can be Held Liable for Medical Malpractice

Licensed healthcare providers operating within the context of a doctor/patient relationship can potentially be held liable for compensatory damages in a medical malpractice lawsuit if they fail to provide the standard of care. Other providers may include:

Do I Need a Lawyer to Sue for Medical Malpractice?

You absolutely need a medical malpractice lawyer to handle your claim. Medical malpractice claims tend to rely heavily on detailed and technical medical records like lab results, as well as expert testimony. You will need a legal expert who is adept at procuring and evaluating this type of information in or to make a successful claim for damages. At Osborne & Francis, we would be happy to guide you through the process of filing a medical malpractice lawsuit today.

Contact the Medical Malpractice Lawyers at Osborne & Francis Today

If you have suffered or lost a loved one as a result of medical malpractice, you do not need to figure out how to take legal action on your own.

At Osborne & Francis, we have the medical expertise and resources to take on a negligent medical provider or institution and walk away with a settlement that meets your needs.

Our team is determined, reliable, and communicative. Additionally, we come with a glowing track record to back up our claims. The medical malpractice lawyers of Osborne & Francis are proud to represent Florida families who need our help recovering costs like medical bills, lost wages, and emotional distress.

We encourage you to schedule a free consultation with our Florida medical malpractice attorneys as soon as possible, as the statute of limitations on medical malpractice claims may play a role. You can call us at (561) 293-2600 or reach out to our Orlando or Boca Raton offices online.

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