When a patient goes into a hospital for oral surgery and is left with a heart attack and severe brain damage, professional negligence is one factor that can be readily suspected as a cause. On the other hand, every time that an unexpected result occurs during or after surgery, that does not mean that medical malpractice has in fact occurred. Each medical injury investigated in Florida and elsewhere is a fact-intensive inquiry that will depend on the particular circumstances.
Medical malpractice is determined on whether the medical provider fell below a minimum recognized standard of care in the community. Whenever there is an emergency room foul-up that is suspected to be malpractice, gross negligence is generally the standard to be applied due to certain statutory mandates. When surgery and other medical treatment is provided in the other divisions of the hospital simple negligence is the standard that must be evaluated.