Medical Malpractice is the Third Leading
Preventable Cause of Death in America
More than 250,000 people are killed every year by medical mistakes, more preventable deaths than car accidents, breast cancer and AIDS combined. Hundreds of thousands of people are injured, many crippled for life because of medical malpractice. Despite that, relatively few claims are filed against doctors and hospitals. That’s because many victims and their families are never told that what happened to them was a case of medical malpractice. When doctor mistakes or hospital error upends your life, you want the best Orlando medical malpractice attorneys you can get.
Too often, when a doctor makes a mistake through carelessness or neglect, the victim is made to feel that the “bad outcome” was somehow the patient’s fault. They’ll say that this kind of thing never happened before. They will say the patient’s case turned out to be unusually difficult, or there was a rare “complication.” The average person generally does not know enough to question a doctor after an “adverse event.” Patients are conditioned to accept the physician’s version of events, or are too shocked by disfigurement, disability — or the unexpected death of a loved one — to wonder what really happened.
When a victim or a survivor does begin to ask questions, the hospital immediately begins to stonewall. Hospital workers will treat you as an adversary and give you very little information. You will have to fight for your records. Indeed, records have been known to get lost – or even altered.
You Need an Experienced Team on Your Side
While a medical malpractice is a bewildering once-in-a-lifetime traumatic experience for you, hospitals have teams of lawyers who do nothing but protect doctors and administrators.
That’s why it is vital to contact experienced Orlando medical malpractice attorneys if you feel you or a loved one has been a victim of medical negligence. Medical procedures don’t always come out right. Sometimes it isn’t anyone’s fault, and you don’t always have a case.But the Florida medical malpractice attorneys at Martinez Manglardi know the legal system — and they are passionate about victim’s rights. Call 407-846-2240 for a free consultation about medical malpractice in Orlando, Orange County, Kissimmee, Osceola County, Polk County, Apopka, Seminole County, Palm Bay, Brevard County, Ocala and throughout Florida.
Orlando Medical Malpractice Attorneys: Types of Claims
While it is impossible to provide a comprehensive list all of the types of medical 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 Orlando medical malpractice lawyers are able to prove your medical malpractice case and the 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.
Generally speaking, medical malpractice attorneys know these claims are among the most difficult areas of litigation. Medical negligence must be documented and proven within specific guidelines. Skilled medical malpractice attorneys have the experience and resources to thoroughly investigate and validate your case. The Orlando medical malpractice attorneys at 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.
The Orlando Medical Malpractice Attorneys at Martinez Manglardi are on Your Side
We can help you make informed decisions about your medical malpractice claim. We have a highly trained and experienced team of Florida 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 our Orlando medical malpractice attorneys at 407-846-2240 for a free consultation.
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 healthcare 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 liable.
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 healthcare professional, patient, or consumer. Such events may be related to professional practice, healthcare 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?
In most cases, a jury will consider testimony by experts. Usually, these are other doctors who testify whether your physician followed standard medical practice or the 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 consent 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. In addition, the form explains what would happen without the treatment. If your physician 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 the experienced Orlando medical malpractice attorneys 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? In addition, 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 outcome?
In general, there are no guarantees of medical results. You need to show that an injury or damages resulted from the doctor’s deviation from the standard of care.
9. My doctor made a mistake and admitted it. Do I have a malpractice case?
Our experienced Orlando medical malpractice attorneys 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.
Contact our Orlando medical malpractice attorneys at 407-846-2240 for a free consultation. Offices throughout Central Florida.