Medical Malpractice: Frequently Asked Questions

When individuals rely on the care of licensed medical professionals, they trust that they will receive the proper medications, diagnoses and overall treatment. When medical malpractice occurs, individuals may be placed at a significant risk of injury, permanent disability and even death.

If you suspect that your loved one is a victim of medical malpractice, reach out to our medical malpractice law firm for answers to your questions and concerns.

Medical Malpractice FAQs

What constitutes medical malpractice?

When a patient is harmed, either through injury or death, as a result of a medical professional’s negligence, it is considered medical malpractice. Orlando personal injury attorneys can guide you through a claim and/or lawsuit to gain compensation for the harmful effects of a doctor’s negligence.

What is considered medical negligence?

Doctors are always expected to adhere to a high standard of care and duty when dealing with patients. When a medical professional acts in such a way that breaches this standard, it is considered medical negligence. Medical malpractice and medical negligence are terms that are often used interchangeably.

What is the "standard of care" required by medical professionals?

All medical professionals are required to adhere to basic standards of professional duty and care toward all patients, regardless of backgrounds, sex, age, race and orientation. When this standard is breached, you may have a successful claim.

What are some examples of medical malpractice?

There are many types of medical negligence. Common examples of medical malpractice may involve the following actions (or inaction) of medical professionals:


Misdiagnosis is a very serious type of medical error. It occurs when a doctor wrongfully diagnoses a patient. Based on the diagnosis that is derived, a patient may be prescribed drugs and/or surgical procedures that are, in fact, unnecessary. A failure to properly evaluate symptoms, or detect an illness or injury in advance, constitutes misdiagnoses. These types of errors can be deadly.

Medication Error

Medication error occurs when a professional provides the wrong type of drug or the incorrect dosage amount to a patient. It may also occur when a medical professional fails to take into account a patient’s comprehensive medical history, allergies and any current medications that a patient may already be taking. A medication error may cause a patient to develop avoidable side effects and other unhealthy bodily reactions.  

Surgical Error

Surgical error is demonstrated when an improper dosage of anesthesia is provided to a patient during medical procedures. This places a patient at a fatal risk for pain and trauma. There are also cases in which medical tools and sponges are left inside of a patient’s body; a doctor operates on the wrong portion of a patient’s body; or the type of surgery may be discovered to be completely unnecessary as a whole.

Legal Error

There are always legalities and paperwork involved between medical professionals and patients. Before a doctor is able to provide treatment to a patient, he/she must obtain informed consent through a signed contract. Providing care to a patient without a patient’s permission (or without the approval of the legal guardian) is considered a negligent act.

Technical Error

Misuse, mismanagement and misinterpretation of medical tools and equipment are common types of medical negligence.

General Neglect

Failure to provide a patient with basic needs, such as food, water, fresh air, nutrition, exercise (if applicable), and baths are considered forms of medical neglect.

Is misdiagnosis an example of malpractice?

Absolutely. A misdiagnosis can lead to preventable problems, long term disabilities and adverse reactions to drugs that were probably not supposed to be assigned to a patient in the first place.

What are ways to detect medical malpractice?

If a medical professional makes an error, he/she is likely to reveal that to you. Unfortunately, this is not always the case. Other ways to detect medical malpractice may be to question treatment plans, adverse side effects, drugs and general unfamiliar symptoms. If you suspect that medical malpractice has occurred, you should contact personal injury lawyers in Orlando, FL. With an attorney’s help, your case can be investigated to get to the bottom of what may be the issue.

How often does medical malpractice occur?

It is unclear how often medical malpractice occurs. Many people fail to report medical malpractice claims due to fear of the legal process, relevant statutes of limitations that govern time limits, and even death.