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Do You Have A Case? “Almost” Is Not Enough To Bring A Medical Malpractice Case.

Everybody makes mistakes. But in some cases, a healthcare professional’s mistake can be considered medical malpractice or medical negligence if it causes an injury.

The difference between medical malpractice and medical negligence typically boils down to a healthcare professional’s intent or awareness.

Malpractice vs. Negligence

Medical malpractice is a form of medical negligence, though not all medical negligence cases are considered malpractice. Malpractice cases can only result when negligence causes harm to a patient.


What Is The Difference Between Medical Negligence And Malpractice In Florida?

If the medical professional made an unintentional error that caused the patient harm, that would fall under the category of medical negligence. If a medical professional knowingly deviated from or failed to provide an acceptable standard of care, they could be liable for malpractice.


What To Consider In A Potential Medical Malpractice Case:

Will time and expense create a positive result for the client? 

Are damages significant enough to cover the time and expenses of the case?


What Are The Four Elements Of Medical Malpractice?

  • The doctor or facility owed a professional duty of care.
  • There was a breach of duty.
  • The victim suffered severe injuries or died as a result of the negligence.
  • There were financial or intangible losses.


Read More On The 9 Steps Of A Medical Malpractice Case >


In Florida, to PROVE a case, you must have two main elements:

  • A breach of the standard of care
  • Causation

Statute of Limitations in FL: Florida Statutes 95.11(4)(b) The law states you must file a malpractice suit within two years of the date on which you discovered the harm, or two years from when you reasonably should have discovered the harm from the negligence.


Submitting Medical Records

Once your attorney has obtained your medical records, their next step is to consult with a qualified medical expert for an independent review. The medical expert will review your records to determine whether or not they believe the care the victim received deviated from the national standards of care. Zarzaur Law is unique in that our firm has an in-house board certified medical expert. Dr. Malone continues to bring experience, knowledge, and expertise as an essential part of the Zarzaur Law Team. His work with the firm not only provides expert medical advice to our lawyers and legal staff, he also advocates for public safety with Joe through Zarzaur Law’s YouTube Channel.


What Are Examples Of Negligence Vs. Malpractice?

A surgeon is performing a routine procedure and accidentally nicks a blood vessel, causing you injury. This would be an example of medical negligence. In contrast, a situation might qualify as medical malpractice if a surgeon performs a surgery without running necessary tests first, thus leading to an injury.


The Florida Medical Malpractice process is not a quick and simple process. It is critical that the law firm and lawyer handling your Florida medical malpractice case not only have experience in this area, but also have the resources and staff to handle this type of case. Zarzaur Law has purposely created a firm that is best suited for medical malpractice cases. If you or a loved one has been the victim of medical malpractice and would like a free consultation, please contact us at or call 855HireJoe.




Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit