Florida Supreme Court Clarifies Medical Negligence

  • The difference between medical negligence and general negligence is simple in theory but can be complicated in practice. The idea is that medical negligence is when a physician, medical facility, or medical practitioner injures someone through negligent actions pertaining to a patient’s medical treatment.

    Examples are misdiagnosis, surgical errors, prescribing the wrong prescription, or unnecessary surgery.

    General negligence can take place at a medical facility but not pertain to the patient’s care. For instance, if a person slips and suffers an injury at the doctor’s office, that incident would be considered general negligence. The injured party can still sue the doctor’s office, but this would not be medical negligence.


    Why Does the Difference Matter?

    The difference is very important because the requirements for a medical malpractice case are much different than for a general negligence case. For example, a general negligence case is much easier to file and doesn’t require hiring medical experts.

    The Florida Supreme Court has affirmed that only cases in which the medical care (treatment or medical services) is directly responsible for the injury can be deemed malpractice. All other cases will fall under general negligence.

    If your injury was not caused by treatment or services performed by your doctor, then you’re dealing with a general negligence case.


    Have You Been Injured Because of Medical Negligence or General Negligence?

    Whether you were injured by a medical provider’s errors or you suffered an accident while at a hospital or treatment facility, you have options. If someone else’s negligence caused your injury, you should talk with a lawyer today.

    Your attorney will know whether your case is medical malpractice or if you have a case of general negligence on your hands. Contact the Law Offices of Casey D. Shomo to discuss your case during a confidential and free case review. Our firm can be reached by calling 561-659-6366 or by completing the contact form on our website.