All medical bills I review and consults I conduct are screened to identify whether you were the unknowing victim of medical malpractice. Often times a careful review of medical records and itemized billing statements, as well as other documents received and analyzed in the discovery phase of a medical billing case will uncover potential medical malpractice. Medical malpractice is negligence by a healthcare provider where their violation of the standards of care injures a patient. Theoretically, it’s no different than negligence by a motorist who causes an injury by violating the rules of the road, like running a red light.


Florida statute defines the standard of care as the level of care, skill and treatment which is recognized as acceptable and appropriate by a reasonably prudent, similar healthcare provider, under similar circumstances.  Simply put, the standard of care is often described as doing what a reasonable doctor, nurse, dentist, etc. would do under the same circumstances.


If your medical provider did something different from that standard and injured you, he or she was medically negligent (See Section 766.102 Florida Statutes).  In some situations, such as emergency room malpractice, the standard of care might be defined as "reckless disregard" instead of “negligence.”  This is a tougher standard and is therefore harder to prove and has been added as a section to Florida's Good Samaritan Statute, which can be found at Section 768.13 of the Florida Statutes.


In a malpractice trial, the judge advises the jury of the appropriate definition(s), the jury hears the evidence (i.e., the facts surrounding what happened), then decides what they think a reasonable healthcare provider should have done under those same circumstances. The Jury is usually assisted by the testimony of medical experts, expert witnesses from both sides, who explain the medical issues and details. Experts are needed because the standard of care in a given medical situation is not something typically known by a juror who is not medically trained.


Medical Malpractice is a complicated and specialized area of the law. Accordingly, I screen all medical billing cases for possible medical malpractice and will Co-Counsel actionable cases with local medical malpractice firms who specialize in this area.



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