Articles Tagged with Florida medical malpractice

When we think of medical malpractice, we usually think of a doctor or other medical provider making a mistake, such as a negligent surgical error, negligence in treatment or diagnosis, and other such avoidable mistakes that can have long-term consequences for the patient. But some medical malpractice involves medical devices used during treatment.

Medical devices are defined in Florida law as any instruments, implements, apparatus, and machines that are used to diagnose or treat conditions or that may affect the body’s function or structure without chemical action. These can include surgical instruments, implants and prosthetics, and diagnostic tools, among others.

If you believe you have been injured by negligence in medical care you received, contact us from anywhere in Florida to see how we can help you. We are experts in medical malpractice cases.

The saying “A picture is worth a thousand words” is especially true in a personal injury case, particularly the heart-wrenching cases of medical malpractice or medical negligence. We go to doctors so they can heal us, and we trust that they know what they are doing. While most of the time all goes well, sometimes negligence or even malicious actions can leave you injured because of the medical treatments you received. 

As a Florida personal injury attorney with extensive experience helping patients collect significant compensation for medical malpractice claims, I create the strongest case possible for my clients by collecting the most powerful evidence. This evidence includes documentation and expert testimony, but it also includes photos. 

Proving medical malpractice or negligence

The birth of a child should be one of the happiest days in a parent’s life. However, when something goes wrong and the mother or the child is injured, it is heartbreaking, especially when the injuries could have been avoided. As a Florida personal injury attorney, I am committed to helping Florida residents throughout the state receive just and fair compensation to help them cope with the injuries they have sustained due to someone else’s negligence. 

In the past, childbirth was extremely dangerous for mother and child. Due to dramatic improvements in healthcare, hygiene, and nutrition, injury or death during delivery is now a rare occurrence. That is why it is so shocking and heartbreaking when birth injuries do occur. 

Causes of birth injuries

If you have been injured by a doctor or the care you have received doesn’t feel appropriate, your medical team may have made a mistake. There is no doubt that the vast majority of doctors have the best interests of their patients at the forefront of their minds. That said, there are many people decrying the current condition of our American medical system and medical financial incentives because Americans spend more money on healthcare than the residents of any other country and yet we have worsening health. 

Americans are estimated to spend over $200 billion on unnecessary medications, medical tests, therapies, and medical procedures. Much of this medical waste is due to over-prescribing pharmaceuticals or not choosing the least expensive, least invasive treatment option. Other medical waste is due to improper treatment, mistakes, or even flat-out fraud. Regardless of the reason, many of these events could be considered medical malpractice.

Improper treatment: medical mistakes and excessive medical care

Telehealth, also called telemedicine, is a rapidly-growing healthcare option in Florida and throughout the country. During the pandemic lockdowns, when it was difficult to see a doctor, telehealth seemed like an ideal answer to patients’ needs to receive medical attention. Indeed, for many people, it was very helpful; but for some, telehealth did not resolve their problems and led to a delay in appropriate treatment.

While telehealth may seem easy and convenient, many things can go wrong. Accurate diagnosis can be a challenge when the doctor and patient are in the same room, but it becomes significantly more difficult when the doctor is not able to examine the patient. 

What can go wrong

While the vast majority of doctors and hospitals in Florida are capable and conscientious, there are, sadly, many cases of malpractice from incompetent or negligent practitioners. If you believe you have been the victim of malpractice, don’t wait to contact our office so we can help you build your case.

Florida law governing malpractice

In order to have a malpractice case, you must be able to demonstrate negligence. The “4Ds” must be proven in any personal injury case – duty, dereliction of duty, direct or proximate cause, and damage – but for medical cases, it applies as follows: 

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