Malpractice

In the state of Florida, malpractice occurs when a professional provides substandard service and fails to live up to professional obligations. A victim of malpractice may be harmed by the failure of the professional and may pursue a negligence claim under malpractice laws.

Different kinds of malpractice can occur, as many different professionals are subject to strict rules of conduct. For example, attorneys and accountants can be liable for financial loss caused by malpractice if they make unprofessional mistakes in handling a client’s case or a client’s business interests.

Medical malpractice is also a serious type of malpractice. Medical malpractice can cause physical injury as well as financial damage. A victim can pursue a claim for medical negligence if malpractice occurs, or surviving family members can pursue a malpractice claim if medical negligence had fatal consequences. Chapter 766 of Florida’s Statutes provides information on Medical Malpractice and Related Matters

To pursue a claim for malpractice, a victim must show the professional who they are making a case against owed them a duty to provide a professional level of care. This duty is created by the attorney/client relationship; the realtor/client relationship; the accountant/client relationship; or the doctor patient/relationship, among other professional relationships.

The victim must also demonstrate that the actions, or omissions, of the professional were negligent, given the obligation that the professional had. A doctor or other professional is judged on the basis of what a reasonably competent professional with a similar background would have done under the same circumstances.  For example, if a doctor failed to diagnose an illness, he is considered negligent if a reasonably competent physician would have diagnosed the illness.

A victim of malpractice should be entitled to compensation for provable economic loss due to malpractice and, in some cases such as when medical negligence occurs, for non-economic damages up to capped maximum amounts. A Florida malpractice lawyer can provide information on damages for malpractice that a victim could recover through a civil case.