Is it malpractice or simple negligence? The answer matters.

Joseph v. University Behavioral LLC, Florida Fifth District Court of Appeal – Our own Fifth District Court of Appeal recently held that “the fact that a wrongful act occurs in a medical setting does not necessarily mean that it involves medical malpractice.” In the Joseph case, the Fifth DCA discussed the difference between medical malpractice cases, and simple negligence cases which occur in a medical or healthcare setting. If you are injured in a healthcare facility, in which legal category does your case fall? The answer depends on the circumstances of the incident and nature of your injury. It is important to determine which category your case falls into, because each category has different time limitations, and different requirements which must be met before filing suit.

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