Medical malpractice occurs when a healthcare professional violates the duty of care owed to a patient, resulting in preventable harm. To succeed in a malpractice case, the injured patient must show that the provider’s conduct fell below the accepted medical standard and that this breach caused injury.
For more than 20 years, Freedland Harwin Valori Gander has represented victims of medical negligence throughout Florida. Our legal team understands how and why breaches of duty happen, how they lead to catastrophic harm, and what evidence is needed to hold negligent providers accountable.
What Is an Example of Medical Negligence Involving a Breach of Duty of Care?
A breach of duty occurs when a healthcare provider’s actions or omissions fall below what a competent medical professional would have done under similar circumstances. If the deviation causes injury, the provider may be liable for medical malpractice.
A foundational example is the failure to diagnose a serious medical condition. Diagnosis errors are among the most common and most dangerous forms of medical negligence.
For example, in a failure to diagnose breast cancer case, if there is a mammogram and there is a mass that the radiologist should have seen (if a reasonable radiologist would have seen that in interpreting that film), that would be a deviation from the standard of care.
A failure like this delays treatment, allows disease to progress, and can drastically reduce survival rates. It is a clear breach of professional duty.
But failures to diagnose are only one category of breach. Medical negligence can take many forms, depending on the situation and the professionals involved.
Below are some of the most common and consequential examples.
Misdiagnosis or Delayed Diagnosis
A misdiagnosis or delayed diagnosis is one of the leading causes of preventable patient harm in the United States. When a healthcare provider fails to identify a condition accurately or promptly, the consequences can be devastating.
A breach occurs when a doctor:
- Ignores obvious symptoms
- Fails to order necessary tests
- Misinterprets imaging or lab results
- Does not follow up on abnormal findings
These errors can result in disease progression, unnecessary treatment, irreversible injury, or death.
Examples include:
- Failure to diagnose cancer despite clear symptoms or abnormal films
- Interpreting a heart attack as indigestion
- Missing signs of a stroke in the emergency room
- Diagnosing a severe infection as a minor illness
- Misreading or mislabeling pathology slides
- Failure to diagnose a pulmonary embolism
- Overlooking a fatal arrhythmia
A timely and accurate diagnosis is a cornerstone of proper medical care. When a provider fails to make a diagnosis that a reasonably careful professional would have made, this is a breach of duty.
"In a failure to diagnose breast cancer case, if there is a mammogram and there is a mass that the radiologist should have seen—if a reasonable radiologist would have seen that in interpreting that film—that would be a deviation from the standard of care."
Improper Treatment
Even when a diagnosis is accurate, negligence may still occur through improper or inappropriate treatment. Improper treatment involves either administering the wrong treatment or performing a correct treatment incorrectly.
Examples of improper treatment include:
- Performing unnecessary surgeries that expose patients to avoidable risks
- Relying on outdated medical practices or discredited therapies
- Administering incorrect medication or therapy for a diagnosed condition
- Failing to monitor a patient’s response to treatment
- Ignoring complications that require prompt follow-up
These errors often stem from lack of training, poor communication, or inadequate attention to patient condition, all of which breach the standard of care.
Failure to Warn of Risks (Lack of Informed Consent)
Before any surgery, procedure, or treatment, healthcare providers must explain the potential risks, benefits, and alternatives. This allows patients to make informed decisions about their care.
A breach occurs when a provider:
- Fails to discuss known complications
- Does not inform the patient of potential side effects
- Overlooks risks associated with anesthesia
- Proceeds with treatment without obtaining informed consent
When a patient is not made aware of the risks, the provider violates their duty, even if the treatment itself is performed correctly.
Related: Can I Sue If I Signed a Consent Form? What Florida Law Really Says
Medication Errors
Medication errors are alarmingly common and can result in severe injury, organ damage, allergic reactions, or death. These errors occur when providers prescribe, dispense, or administer medication improperly.
Examples include:
- Prescribing an incorrect medication
- Dispensing the wrong drug at the pharmacy
- Administering the wrong dosage
- Failing to review a patient’s allergies
- Overlooking dangerous drug interactions
- Mislabeling medication or syringes
Providers are expected to monitor patients closely when administering medications. Any deviation that leads to harm may constitute a breach of duty.
Surgical Errors
Surgery involves high risk, and patients rely on surgeons to meet the highest professional standards. When surgical teams deviate from accepted practices, the results can be catastrophic.
Examples of surgical negligence include:
- Operating on the wrong body part
- Performing the wrong procedure
- Leaving surgical instruments inside the patient
- Causing avoidable bleeding, nerve damage, or organ injury
- Failing to monitor vital signs during surgery
The attorneys at FHV Legal have handled hundreds of surgical error cases, including complex catastrophic injury claims. These cases often result in serious harm, prolonged recovery, or permanent disability.
Birth Injuries
Labor and delivery require vigilant monitoring and rapid response to complications. When providers fail to act appropriately, both mother and baby can suffer life-altering injuries.
Examples of breaches during childbirth include:
- Failure to recognize or respond to fetal distress
- Failure to perform a timely C-section
- Improper use of delivery instruments
- Failure to recognize maternal complications
- Inadequate monitoring of labor progression
These errors can lead to conditions such as:
- Hypoxic-ischemic encephalopathy (HIE)
- Cerebral palsy
- Brachial plexus injuries (Erb’s palsy)
- Maternal hemorrhage
- Pre-eclampsia complications
Birth injuries frequently require lifelong care, making it essential to identify whether a breach of duty contributed to the harm.
Premature Discharge From Care
Hospitals must ensure patients are medically stable before discharge. A premature discharge places a patient at risk of worsening symptoms, emergency readmission, or preventable complications.
Examples include:
- Discharging a patient while test results are still pending
- Sending home a patient with unstable vital signs
- Releasing a newborn without adequate screening
- Failing to provide proper discharge instructions
- Sending home a post-surgical patient who requires further monitoring
When patients are sent home too soon and suffer harm as a result, the hospital may be liable for breaching the duty of care.
Schedule A Consultation With Our Attorneys
If you believe you were harmed by a healthcare provider’s negligence, you do not have to determine the breach of duty on your own. The medical malpractice attorneys at Freedland Harwin Valori Gander have the experience, resources, and medical knowledge necessary to investigate what went wrong and pursue compensation on your behalf.
Our legal team has recovered more than $2.6 billion for clients across Florida and the United States. We understand how deeply medical errors impact families, and we are committed to advocating for justice with compassion and determination.
Call (954) 467-6400 or contact us online today to speak with an experienced Florida medical malpractice lawyer.
Frequently Asked Questions About Breach of Duty in Medical Malpractice Cases
You must show that the provider’s actions deviated from accepted medical standards. This typically requires expert testimony, medical record review, and documentation of your injuries.
No. Not every poor outcome is malpractice. A breach occurs only when a provider fails to act as a reasonably competent professional would have under similar circumstances.
Yes. Complex medical care often involves teams of professionals. Several providers and even the hospital may share liability if their conduct contributed to the injury.
You may be entitled to compensation for medical expenses, lost income, future care needs, pain and suffering, and other damages depending on your injuries.
Generally, you have two years from the date you discovered the injury, with a four-year statute of repose. Some exceptions apply, especially in cases involving fraud or minors.
