Common Types of Medical Malpractice Cases  

Some of the most common types of medical malpractice cases arise because of the following examples of medical negligence:  

• Misdiagnosis. Misdiagnosis occurs when a healthcare provider fails to diagnose a medical condition or provides an incorrect diagnosis, leading to delayed or improper treatment. Misdiagnosis is a common type of medical malpractice claim, and it can have severe consequences, including death.
• Surgical errors. Surgical errors can occur during any surgical procedure, and they are often the result of negligence or mistakes made by the surgical team. These errors can include wrong-site surgery, leaving surgical tools inside the patient's body, robotic surgery negligence, and anesthesia errors.
• Medication errors. Medication errors can occur when a healthcare provider prescribes the wrong medication, the wrong dosage, or fails to consider potential drug interactions. Medication errors can have severe consequences, including allergic reactions, organ damage, and even death.
• Birth injuries. Birth injuries can occur during labor and delivery, and they can result from a healthcare provider's negligence or mistakes. Birth injuries can include cerebral palsy, Erb's palsy, brain damage, and other injuries that can lead to long-term disabilities.
• Negligent patient supervision. Negligent patient supervision in medical malpractice cases is when healthcare providers fail to monitor their patients and detect warning signs of potential medical complications. Standard operating procedures for patient monitoring include regular check-ups, vital sign measurement, and the use of medical devices to detect any potential health problems. Medical staff are responsible for monitoring patients and reporting any changes to the patient's condition to the appropriate healthcare provider. Failure to fulfill these responsibilities can result in serious medical complications, such as infections, sepsis, or even death.
• Failure to diagnose. Failure to diagnose occurs when a medical professional fails to identify an existing medical problem, leading to harm to the patient. This can happen when a doctor overlooks symptoms or fails to order the appropriate tests.

How to Prove a Medical Malpractice Case

In Florida, medical malpractice claims can be filed against doctors, dentists, nurses, and other healthcare professionals. To establish liability in a medical malpractice lawsuit in Florida, the plaintiff must prove four elements: duty, breach, causation, and damages:

• The healthcare provider owes a duty to the patient to provide proper care and treatment.  
• Breach of duty occurs when the healthcare provider fails to meet the standard of care expected of them.  
• Causation refers to the link between the healthcare provider's breach of duty and the patient's injury.  
• Damages refer to the harm suffered by the patient due to the breach.

To prove a medical malpractice claim, the plaintiff must present evidence such as medical records, documentation, expert testimony, and witness statements. Medical records and documentation can include:  

• reports of tests,  
• procedures,  
• treatments that were conducted, and  
• any medications prescribed.  

Expert testimony is often required to establish the standard of care expected of a healthcare provider and whether the defendant breached that duty. Witness statements can also provide additional evidence regarding the quality of care provided.

The causation element plays a crucial role in a medical malpractice case as it establishes the link between the healthcare provider's breach of duty and the patient's injury. The plaintiff must show that the defendant's actions directly caused their injury.  

It is also important that the plaintiff's fault or negligence may affect their compensation. Florida follows the comparative fault system, which means that the plaintiff's compensation will be reduced by their percentage of fault for the injury. For example, if the plaintiff is found to be 10% at fault for their injury, their compensation will be reduced by 10%.