Medical Malpractice occurs when a medical professional provides
treatment that is below the accepted standard of medical practice. This is
considered to be professional negligence, and when found guilty of medical
malpractice, it is considered to be an act of omission. Attorney Michael LeRoy Orlando adds - Medical malpractice
cases are brought forward when professional negligence results in the injury or
death of a patient. Medical malpractice has to involve a medical mistake.
The parties in a medical malpractice claim are the plaintiff,
who will always bee the patient or a legally designated party acting on behalf
of the patient if the patient is deceased, and the defendant, which is always
the health care provider. To successfully establish medical malpractice, you
have to establish five elements of the case. First that a duty was owed by the
health care provider, second that the owed duty was breached by the healthcare
provider, third that the breach caused injury to the patient, fourth that the
breach was in deviation with standard medical procedure, and fifth that there
was damage caused to the patient. The burden of proof is on the plaintiff and
often a settlement is agreed if all five elements are proven. If there is no
settlement, the case proceeds as a civil action case and heads to trial.
Michael LeRoy Orlando is the managing partner of Fulmer LeRoy &Albee, PLLC, with its primary office in Orlando. He is one of the three
founding partners of the firm, which also has offices in Ft. Lauderdale and
Tampa. One of his many areas of legal
practice is the defense of medical malpractice claims.
