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Four Uncommon Types of Medical Malpractice in Florida


The basic definition of medical malpractice in Florida is when a health care provider deviates from medically accepted standards in offering treatment, care, or decision-making regarding a patient. From such a broad description, you can see how med mal claims can take many forms. Data from MEDPLI, an online broker for medical professional liability insurance, reveals the most common types include mistakes by anesthesiologists, OB-GYNs, general surgery practitioners, and many others. Stories about medication errors, birth injuries, and cases of objects being left inside patients may not surprise you when they are always in the news.

However, there are plenty of other instances of medical negligence that the media does not cover – and which are equally likely to lead to serious patient harm. You should talk to a Miami medical malpractice lawyer about any type of error, but a review of the rarest forms of medical malpractice may be informative.

  1. Practicing Without a Valid Medical License: A physician must have the proper license as required by the Florida Board of Medicine and must keep it in good standing through renewals. Failure to maintain the required credentials makes it unlawful for a doctor to issue a diagnosis, write prescriptions, perform surgery, or engage in other types of treatment. This type of med mal is rare because a patient still needs to show injuries or other harm that was a direct result of not having a license. The causal link can be difficult to prove.
  1. Breach of Doctor-Patient Confidentiality: Physicians are bound to keep patient information confidential; the requirement that encourages individuals to be open and honest with their doctors without concerns that the details will be revealed to others. Any diagnosis, treatment, procedure, medication, or other records must be kept private unless the patient consents.
  1. Wrong Patient Surgery: The idea that a surgeon could perform a procedure on the wrong patient makes for great TV drama, but it actually does not happen frequently. There was a time when such errors might occur, and they were often linked to mishandling of paper patient charts. While you might see notes or scraps of paper around facilities these days, almost every aspect of patient care is kept through electronic medical records (EMRs).
  1. Premature or Wrongful Discharge: The duty to provide care in accordance with medically accepted standards continues through to discharge, where the physician must make responsible decisions regarding whether the patient is healthy enough to leave. It may be malpractice to discharge someone without working out instructions for at-home care, prescriptions, final tests, and a follow-up visit.

Our Florida Medical Malpractice Attorneys Help with All Types of Cases 

No matter if you were hurt because of a common medical mistake or one you never knew existed, it is essential to retain experienced counsel for assistance with your legal options. Our Miami medical malpractice lawyers at Freidin Brown, P.A. can help with the process, so please contact our offices. We can set up a no-cost case evaluation regarding your rights and next steps.



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