Most of us trust doctors, nurses, and hospitals to take care of us during some of the most vulnerable times in our lives. But what happens when something goes wrong? Does a poor medical outcome always mean malpractice? The answer is no—and the difference between unfortunate results and true medical malpractice cases often comes down to a few key legal concepts.
This article breaks down the distinction between the two scenarios.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional—like a doctor, nurse, hospital, or even a radiology technician—fails to follow the accepted standard of care in treating a patient, and that failure causes harm. In other words, it’s not just about a bad outcome—it’s about a preventable mistake that wouldn’t have happened if the provider had followed proper medical practices.
To prove medical malpractice under Florida law, a patient (or their legal representative) typically needs to show four things:
- A Duty of Care: The healthcare provider had a duty to treat the patient.
- Breach of Standard of Care: They acted (or failed to act) in a way that a competent provider wouldn’t have under similar circumstances.
- Causation: Their mistake or negligence directly caused harm.
- Damages: The patient suffered injury, harm, or loss as a result.
What Are NOT Considered Medical Malpractice Cases?
A doctor can follow all the right steps and still have a patient experience complications or even death. That’s the nature of medicine—it’s not always predictable, and it’s not perfect.
Here are some examples of what generally does not count as malpractice:
- A poor outcome despite proper treatment: If a patient dies during surgery that was performed correctly, that may be a tragic result, but not malpractice.
- A known risk materializes: If a medication carries a 1% chance of causing a complication, and the doctor warned the patient of that risk, the complication alone may not be grounds for a lawsuit.
- Patient noncompliance: If a patient ignores medical advice, skips medication, or fails to follow up, a worsening condition might not be the provider’s fault.
Real-Life Malpractice Cases
In a 2024 Florida case (Carrasquillo v. Metzler), a woman visited a hospital with signs of a serious chest condition. Her attorneys argued that doctors delayed ordering a CT scan, which in turn delayed surgery that might have saved her life. The delay allegedly fell below the acceptable standard of care. Although the jury initially sided with the doctor, the trial court reversed the verdict and awarded $1.1 million to the plaintiff. That decision was later overturned by the appeals court—not because the claim lacked merit, but because the judge improperly overruled the jury. Still, this case showed how a delayed diagnosis or failure to act swiftly can become the basis for a malpractice claim if it leads to harm.
When Attempted Malpractice Cases Do Not Qualify
In Thomas v. St. Vincent’s Medical Center (2023), a woman named Zadye Thomas was staying in the hospital when she slipped and fell. She filed a lawsuit saying the hospital was responsible because the area where she fell was unsafe. That might sound like a medical malpractice case at first—but the court saw it differently.
Here’s why. Thomas didn’t claim that any doctor, nurse, or medical staff member made a mistake in her medical care. She didn’t say she was misdiagnosed, given the wrong treatment, or harmed during a procedure. Instead, her injury happened because of an everyday hazard—something like a wet floor or poor maintenance. In legal terms, that’s considered ordinary negligence, not medical malpractice. There’s a big difference.
Medical malpractice cases require you to prove that a healthcare provider broke the rules of proper medical care—and that a qualified expert can testify that they did something no reasonable medical professional would’ve done in the same situation. In Thomas’s case, there was no such claim. Because of that, the court dismissed the case with prejudice, which means she wasn’t allowed to fix the claim and try again. Her lawsuit didn’t fit the rules for medical malpractice in Florida, so it couldn’t go forward as one.
Malpractice Cases Require Preventable Mistakes
Medical malpractice isn’t about perfection—it’s about preventable errors that a competent provider should not have made. It’s a high legal bar, and not every bad outcome meets it. But when true malpractice happens, the law allows injured patients to seek justice and compensation.
If you believe you’ve been injured by a medical procedure and deserve compensation, call Probinsky & Cole for a consultation.
Disclaimer: This article is for educational purposes only and is not legal advice. Every case is different, and laws can vary by state and change over time. If you believe you or a loved one has been a victim of medical malpractice, call Probinsky & Cole. We will evaluate your situation and guide you on any necessary next steps.
