This should shock you: More people die from medical malpractice than car accidents, breast cancer and AIDS combined.
Despite that, few claims are ever filed because victims and their families are never advised of the malpractice. Indeed, some physicians and hospitals go beyond simply not informing victims to outright cover-up of the malpractice.
Occurrences of medical malpractice may not be obvious to the average person. Accurate identification of medical departures requires a review and analysis by attorneys who are familiar with medicine along with the appropriate medical experts. That’s why we created this site.
Mistakes, Ignorance and Negligence
Some doctors cause harm through their mistakes, ignorance, negligence, lack of skill and misdiagnosis. Medical malpractice is the result of a health care provider’s failure to provide the expected standard of care. Healthcare professionals are only required to give a standard of care that is ordinary or normal. When a physician is determined to be negligent, it means that he or she has failed to use the same degree of skill and learning, under the same or similar circumstances, that are used by other members of the medical profession. Some of the most common ways that medical malpractice occurs is through failure or errors in timely diagnosis and ordering appropriate treatment, ordering necessary tests and proper medication, consulting with specialists; and surgical procedures.
Leading Types of Claims
While it is impossible to provide a comprehensive list all of the types of malpractice claims, here’s a list of the leading types of claims:
- Wrongful death
- Birth defects or injuries
- Doctor negligence
- Hospital error
- Nursing home injuries and Elder abuse
- Pharmacy errors
If your medical malpractice attorney is able to prove your medical malpractice case and the medical provider is found negligent, then you are entitled to recover “damages.” Damages are intended to help you return to the condition you were in prior to the injury. There are several forms of damages that you may recover in a medical malpractice award – economic (for lost wages or medical expenses), non-economic (for pain and suffering), or punitive (to punish reckless behavior) damages. You may also receive compensation for future medical expenses, loss of future earnings and non-economic damages. Punitive damages occur only in rare cases when it is proved that the medical practitioner had malicious intent.
Medical malpractice claims are one of the most difficult areas of litigation, since the negligent action must be documented and proven within specific guidelines. Only a skilled Kissimmee medical malpractice attorney has the experience and resources to thoroughly investigate and validate your case. The Florida medical malpractice attorneys of Martinez Maglardi can help prepare your medical personal injury claim, wrongful death suit and any other lawsuit where a healthcare practitioner may have caused you harm.
For questions about medical malpractice and negligence in Orlando, Orange County,Kissimmee, Osceola County, Apopka, Seminole County, Palm Bay, Ocala and throughout Florida, review our Medical Malpractice FAQs page.
Martinez Manglardi is on your side.
We can help you make informed decisions about your medical malpractice claim. We have a highly trained and experienced team of medical malpractice attorneys with a proven record of significant settlements and verdicts. Whether it involves determining the true cause of death, exposing fraudulent records or having the financial resources to fund your case, the firm will obtain maximum value for your claim.
Contact us today for a free case evaluation at 1-800-741-2243. Martinez Manglardi “serving Florida consumers for over 20 years”.
1. What is medical malpractice?
Medical malpractice occurs when a health care provider causes injury or death to a patient by failing to act within the applicable standard of care. In other words, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act reasonably under the circumstances and the unreasonable conduct causes harm.
2. What kind of mistakes can result in medical malpractice?
- They did not get clear permission before operating.
- They did make the correct diagnosis. See Medical Misdiagnosis.
- They did not perform the operation properly. See Doctor negligence.
- They did not anticipate a problem in which they should have. See Doctor negligence.
3. How does a case result in medical malpractice?
In determining whether a medical practitioner made a mistake, the court will consider what reasonable, prudent medical practitioners would have done in the same situation. If the medical practitioners did not meet that standard, they could be found negligent.
4. What is the definition of a medication error?
A medication error is defined as “… any preventable event that may cause or lead to inappropriate medication use or patient harm, while the medication is in the control of the health care professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems including: prescribing; order communication; product labeling, packaging and nomenclature; compounding; dispensing; distribution; administration; education; monitoring; and use”.
5. How does a jury determine if a doctor’s actions were within the standards of good medical practice?
A jury will consider testimony by experts–usually other doctors, who will testify whether they believe your physician’s actions followed standard medical practice or fell below the accepted standard of care. In deciding whether your heart surgeon was negligent, for example, a jury will rely on expert testimony to determine what a competent heart surgeon would have done under the same or similar circumstances.
6. I signed a consent form before my doctor performed surgery. Do I still have a case?
It is common practice in hospitals for patients to sign a form giving the doctor their consent, or approval, to perform surgery. In the form, the patient usually consents to the specific surgery as well as to any other procedures that might become necessary. Before you sign it, your doctor should give you a full description of the surgery and the risks involved, and the ramifications of not getting such treatment. If you can prove that your physician misrepresented or failed to adequately inform you of the risks and benefits before surgery, your consent may be invalid.
7. What do I do if I think I have a medical malpractice claim?
Contact an experienced medical malpractice lawyer at Martinez, Manglardi, & . Tell the attorney exactly what happened to you, from the first time you visited your doctor through your last contact. What were the circumstances surrounding your illness or injury? How did your doctor treat it? What did your doctor tell you about your treatment? Did you follow your doctor’s instructions? What happened to you? Answers to these and other relevant questions become important if you think your doctor may have committed malpractice.
8. What if I’m just not satisfied with the results of my surgery?
In general, there are no guarantees of medical results. You would have to show an injury or damages that resulted from the doctor’s deviation from the appropriate standard of care for your condition.
9. My doctor made a mistake and admitted it. Do I have a malpractice case?
An experienced medical malpractice attorney can help you to determine if your case has merit. Many mistakes are simply that, but if your doctor’s mistake was the result of negligence or failure to meet the expected standard of care, then the answer may be yes. Damages may be recoverable for you under medical malpractice laws.