Ray Hrdlicka – Host – Attorneys.Media
Hi, today we’re sitting with Mark Kaire, an attorney in Dade County, Florida, and that practices as far up as Tampa Bay and as south as Key West. And today we’re talking to him about medical malpractice. It’s often a very misunderstood segment of the law. So let’s get right into it. Mark, I appreciate you coming here today.
Mark Kaire – Medical Malpractice Attorney – Miami-Dade County, FL
I appreciate you having me, thank you.
Ray Hrdlicka – Host – Attorneys.Media
Well, let’s talk, first, let’s get a general sense. A lot of people have some misconceptions about medical practice, or medical malpractice, excuse me. What constitutes medical malpractice?
Mark Kaire – Medical Malpractice Attorney – Miami-Dade County, FL
So, I guess the best way to answer that question is I’ll talk about what happens in the state of Florida, because like everything else, different states have different laws.
In the state of Florida, what you need is a departure from the standard of care. So, for example, a bad outcome does not necessarily mean that that’s medical malpractice.
You need a doctor to have deviated from the appropriate standard of care, done something different than what a reasonably prudent physician under like circumstances would have done. That is the gateway, so to speak, into negligence for medical malpractice.
But simply having medical malpractice can sometimes or oftentimes for terms of a medical malpractice case not be enough.