Medical Malpractice
Cohen Battisti, Orlando
Medical Malpractice Lawyers / Attorneys
Medical malpractice
is a broad term which covers both the public
perception of adverse events during medical
care, and a legal definition of negligence.
In common with other forms of civil claims for
negligence, in order to succeed in a claim
(lawsuit) the claimant (plaintiff) must
successfully demonstrate two things:
That the doctor failed in his/her duty of
care towards the patient: they failed to do
something that a reasonable person in
similar circumstances would have done, or
they did something that a reasonable person
would not have done.
That some harm was caused by this failure to
comply with the duty of care.
Expert witnesses usually testify in malpractice
cases. These witnesses are generally independent
experts from the same field of medicine as the
defendant. A doctor will not be expected to be
the best doctor in the country, but he or she
must be shown to have acted in accordance with a
reasonable body of medical opinion.
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qualifications and experience. This web site is designed for general
information only. The information presented at this site should not be
construed to be formal legal advice nor the formation of a lawyer/client
relationship.
Cohen
Battisti
Attorneys at Law
1211 Orange Avenue
Suite 200 Winter Park, FL 32789
(407) 478-4878 Fax: (407) 478-0204