WHAT IS MEDICAL MALPRACTICE?

(The information on this site applies to Florida only)

Some people incorrectly believe that "malpractice" connotes conduct that is worse or more serious than simple "negligence," but that is not normally the case. Medical malpractice is just ordinary negligence by a healthcare provider which causes injury. It is no different in theory than negligence by a motorist who does not pay attention and runs a red light causing an injury.

Florida has a statute which defines the standard of care as that level of care, skill and treatment which is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers under similar circumstances.  In other words, the standard of care is often described as doing what a reasonably prudent doctor (or nurse, dentist, etc.) would do under the circumstances.  Here is a link to a copy of that statute: Section 766.102 Florida Statutes.  In a malpractice trial, the judge tells the jury about this definition, and after hearing the evidence of what happened the  jury decides what they believe a reasonably prudent similar healthcare provider should have done under the circumstances. This decision-making process by the jury is normally aided by the testimony of expert witnesses from both sides, who explain the medical issues during the trial.   

In an emergency room malpractice case, the standard of care may be defined as "reckless disregard" rather than negligence.  That harder to prove standard of care for emergency room cases has been added as a section to Florida's Good Samaritan Statute, which is Section 768.13 Florida Statutes.