The Medical Malpractice Lawyer & Legal Guide

Medical Malpractice is something that people fear because they would like to believe that the doctors or surgeons are reliable professionals in their fields. Unfortunately, there has been many cases where people have had impaired medical professionals, unprepared surgeons, doctors who perform the wrong surgery, a medical team without proper sterilization, doctors that leave objects inside of patients or inadequate post-surgery care. All of these situations are extremely stressful and painful for the victims and can turn into lawsuits to compensate for their losses. However, just recently, this relationship between patient and medical professional was tested even further because of one bad apple that made every single one of those mistakes over the course of a few months. Christopher Duntsch is accused of knowingly botching at least five surgeries.
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Medical malpractice claims, as well as the damages that are sustained due to malpractice, are widely debated topics in our country today. The points of some contention are whether the provider was responsible for the injuries, the cost of medical malpractice insurance, and the states’ movements toward limiting recoveries for the devastating harm that is often inflicted. The statistics surrounding these claims are staggering. The New England Journal of Medicine recently published a study1 indicating that one percent of all doctors in the United States account for nearly a third of all paid medical malpractice claims.

Floridians, whenever sick, visit doctors and hospitals in order to obtain a medical diagnosis in hopes of a swift recovery. The majority of patients have as smooth of an experience that our healthcare system will allow. However, some patients do not have as much luck. Instead, they suffer from serious medical complications, some even death, caused by none other than the medical professionals in which they confide.

Medical malpractice is when a healthcare professional breaches their duty of care to a patient, resulting in injury or death. Fortunately, these cases are fairly rare, but when they do occur the consequences can be devastating

We place a significant amount of trust in our doctors and other medical staff. These individuals spend years studying the human body and specializing in specific areas of medicine to help others by diagnosing illnesses and providing the medication, surgery, and other treatments necessary to help the sick and the injured make full recoveries.

We all rely on emergency rooms and urgent care facilities when we suffer from injuries or illnesses that require immediate medical care and attention. In fact, almost everyone has visited an emergency room or urgent care facility at some point in his or her life.

People seek emergency treatment at hospitals when an accident, illness, or injury occurs and they are in need of urgent medical care and treatment. They generally expect that hospitals are safe and germ-free. Unfortunately, however, that is not always the case.

Although the practice of medicine is based heavily on scientific study, mathematical applications, and raw biological data, the medical field is more of an art than some doctors may lead you to believe. Going for a second opinion is itself an acknowledgment that sometimes there is no one right answer when it comes to your health, and despite the data, doctors may disagree on your diagnosis and treatment.

Learn about some of the common forms of medical malpractice including those which involve personal injury. Florida malpractice lawyers explain. Click here

Nearly every American will have a wrong or late diagnoses at least once, which can be devastating since the right diagnosis, as early as possible, is key.

The medical device manufacturing company, C.R. Bard was hit with another inferior vena cava (IVC) lawsuit from a woman who supposedly suffered from design deficiencies of the product that is plaguing the nation. The injured patient has claimed that the IVC filter failed because the product broke apart and caused serious injury and damages. South Carolina plaintiff Joanne D. had the Bard Eclipse IVC filter implanted on October 26, 2010 to resolve a blood clot formation in her body. Several years after the surgery, it was discovered that the IVC filter had failed by perforating the wall of Joanne’s inferior vena cava which led to the migration into a different area of her body; thereby causing her significant medical complications.

Many people would think that going to a hospital would be the most sterile place for anything concerning public health matters. However, our centers for healing have become procreation grounds for dangerous and even deadly infections. An estimated 648,000 people in the United States develop infections during a hospital stay, and about 75,000 die, according to the Centers for Disease Control and Prevention or the CDC. To put the number in perspective, that is twice the number of people who are involved in car crashes. Infections such as MRSA and C. diff travel inside of these hospitals at alarming rates because hospitals may not be following the best practices in preventing infection and prescribing antibiotics.

When Florida physicians and medical providers make egregious errors or deviate from the normal standard of care, compensation may be owed for the injuries suffered. According to a report in Forbes Magazine, approximately 200,000 people in the United States pass away each year due to medical mistakes. In many of these cases, these mistakes could have been prevented had the doctor or other medical professional met the required standard of care. When a doctor breaches his or her duty of care and injury occurs, the injured patient has the legal right to recover for any associated losses by filing a claim for medical malpractice.

Many women suffer through the inconvenience and discomfort of an annual screening mammogram, believing that it guarantees early detection and treatment of breast cancer. According to BreastCancer.org, in 2013 over 200,000 women were expected to be diagnosed with breast cancer, and nearly 40,000 would die of the disease. Now a recent study published by the British Medical Journal reports that mammography may not actually reduce mortality from breast cancer, and may actually lead to unnecessary treatment.

When birth injuries occur, they can cause extremely injurious circumstances for new and growing families. Birth injuries are different than birth defects - a birth defect is a health issue that is a result a child’s DNA or an illness, while a birth injury is the result of an outside factor that often could have been prevented. Many of the most preventable birth injuries are a result of medical error on the part of the doctor or another medical professional who is responsible for caring for or monitoring the mother and child. Some of the more common examples of medical errors that can lead to birth injuries include the following:

Medical malpractice claims as well as the damages that are sustained due to malpractice are widely debated topics in our country today. The points of some contention are whether the provider was responsible for the injuries, the cost of medical malpractice insurance, and the states’ movements toward limiting recoveries for devastating harm that is often inflicted. The statistics surrounding these claims are staggering. The New England Journal of Medicine recently published a study indicating that one percent of all doctors in the United States account for nearly a third of all paid medical malpractice claims.

Every surgery – no matter the type – has risks associated with it. Although surgeons generally take every conceivable measure to avoid mishaps during surgical procedures, mistakes still sometimes happen and serious injuries can result. When a surgeon makes a preventable mistake during surgery and personal injuries and damages occur, the injured patient may be able to bring a medical malpractice claim1 against the surgeon and/or the hospital or other treating facility.

When injuries and complications arise, an obstetrician may have committed malpractice. Of course, injuries and complications can and do often occur naturally. Still, malpractice is a potential cause that should not be ignored. Malpractice may impact the physical, emotional, and financial well-beings of women and children.

Medical malpractice is a type of professional negligence that occurs when a professional fails to meet the statutorily defined standard of care. Under Florida law, the standard of care that applies to medical professionals is that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” Medical malpractice can occur in a variety of ways, but some tend to me more common than others. Some of these are discussed below.

If you have certain symptoms, medical professionals should perform the proper tests to accurately diagnose a serious condition. Unfortunately, some doctors fail to diagnose certain conditions which can lead to unnecessary injury to patients that may even be fatal. If your condition is not diagnosed in a timely manner and you suffered complications as a result, any negligent medical professionals may be held liable for medical malpractice.

Unfortunately, anesthesia errors are one of the most common forms of medical negligence in the United States.
One of the most critical—and necessary—parts of any surgical procedure is anesthesia. General anesthesia induces a patient into an unconscious-state, allowing them to avoid the pain and discomfort associated with surgery. There are also more localized types of anesthesia.

A number of neurological disorders resulting from brain damage are called cerebral palsy. A person’s ability to control their motions and often their posture can be greatly affected. The majority of these cases are caused by brain damage that occurs during pregnancy, birth or the neonatal period which is the first four weeks of life. Abnormalities in the brain are caused; many of these affect the ability to control the body’s movement.

One of the most common events that may lead to brain damage at or near the time of birth is oxygen deprivation or hypoxic ischemic encephalopathy. (HIE)
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Pregnancy can be a time of joy and happiness. However, it is also often a time of significant stress, especially for expecting mothers who are concerned about having a healthy baby. Medical malpractice is, unfortunately, very common in the United States, especially when it comes to prenatal care, labor, and delivery. According to reports, obstetricians…
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The history of medical malpractice and its relation to the law is a lengthy one, spanning back thousands of years. Doctors and medicine have been mentioned in some of the earliest written law codes known to historians, and have continued to be on the law books since then, especially in the 19th and 20th Centuries. The team at Weiss & Paarz created a scrolling timeline of some of the key events to provide an interesting way to get an overview of the topic’s history.

In the Law Journal’s Medical Malpractice Litigation supplement, articles focus on presenting treating physicians at trial, the implications of sexual contact with a patient, and other topics.