Lakeland, FL asked in Medical Malpractice for Florida

Q: I went to the hospital last night in the ER doctor was very rude and ignorant towards me and told me I had inflammation

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2 Lawyer Answers

A: A medical malpractice case is where the health care provider acts below the standard of care and that cases harm. Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your case.

A: I'm not licensed in Florida, but have practiced in medical malpractice for 30 years in New York State (first on the defense and now on Plaintiff's side). But I would feel comfortable stating that unless there was a significant, physical injury from an act of malpractice, there would not be a viable case.

It is unfortunate that a doctor was rude. However, this is not (legally) malpractice.

If they were as you say ignorant, i.e. misdiagnosed you (or missed an important diagnosis) that might indeed be malpractice, if the diagnosis should have been made by a competent doctor, and without use of hindsight. But again, even if this were the case, without an injury (significant, physical) having been caused by such malpractice (if that was the case) there would not be a case.

If you were treated very disrespectfully, you may want to notify the hospital's Patient Satisfaction department, which may indeed follow up with the doctor (because a "loose cannon" doctor is liable to get them sued, in the right circumstance).

This may not be what you had hoped for. But this is the reality of the situation. I hope this is helpful.

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