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Patients Have Legal Rights For Damages In Cases Of Medical Negligence

Despite the medical field making some of the largest and most important advancements out of any realm in our society, there are still countless numbers of mistakes made on a daily basis. Often these mistakes are of minor concern to patient and doctor alike, however some can be life altering or even life ending. Medical malpractice is a broad term which covers both the public perception of adverse events during medical care, and a legal definition of negligence or carelessness.

Medical doctors, dentist, nurses and other professional medical staff provide our society with important and necessary services, which enable us to overcome many physical obstacles throughout our lives. Contact our Orlando medical malpractice attorneys for more information.

Unfortunately, situations exist in which these medical professionals sometimes make mistakes, are negligent or careless in performing their duties which may cause a patient harm or even death. While we respect the medical field, when a case of medical malpractice exists, we also believe the medical professionals involved should be held accountable. Hogan P.A. represents the legal rights and goals of victims of Orlando medical malpractice or other personal injury accidents or incidents in the Central Florida area. For a confidential legal consultation with our Orlando medical malpractice attorneys, please call our offices.

The Frequency of Medical Malpractice is Surprisingly High

You may be astounded to hear that it is estimated that medical malpractice results in the premature deaths of between 220,000 and 440,000 people every year. This would mean that medical malpractice is the third leading cause of death in the U.S. Doctors, surgeons, nurses, paramedics, and other healthcare providers do not wish to do harm, but they are human just like all of us and they do make mistakes. However, unlike a landscaper trimming a hedge a bit too short or an accountant misplacing a decimal on an excel sheet, healthcare providers’ mistakes often result in serious injury, the prolonging or worsening of an illness, or in the very worst case scenario, death.

Within the U.S. there are somewhere between 15,000 and 19,000 medical malpractice suits filed annually. As you can see from the prior statistics of 440,000 deaths caused by mistakes made in hospitals, most of these accidents go by either unnoticed or at least not pursued with legal action.

To Prove Negligence the Standard of Care Must Not Have Been Followed

Doctors, nurses, surgeons, home health providers, and paramedics must all uphold their duty to act with care. If that has been broken and causes an injury or a death, it must be shown that the standard of care in which they handled you or your loved one was not followed. Standard of care refers to the type of care that a person gets. That care depends on the person’s age, background, and their current condition. If the doctor does not treat this patient in a reasonably similar manner that another doctor would in the same area, it could be argued that the standard of care was not followed, which caused the injury.

Trusting Your Health Care Providers

We put our lives in the hands of our healthcare providers, and when they make mistakes it can feel like we’ve been betrayed or mistreated. While not all injuries heal 100 percent, and not all illnesses can be cured, there is a line between acceptable treatment and unacceptable treatment. When the line is crossed and the mistake made by a doctor results in serious injury, illness, or death, you may be able to receive compensation to help pay for future procedures, your pain and suffering, lost wages, and loss of enjoyment in life. If you believe you have been the victim of medical malpractice, do not hesitate to contact one of our experienced Orlando medical malpractice attorneys to discuss your legal options and path to recovery.

Do You Have a Medical Malpractice Claim?

In common with other forms of civil claims for negligence, in order to succeed in a claim (lawsuit) the claimant (plaintiff) must successfully demonstrate certain things:

  • That the doctor failed in their duty of care towards the patient; meaning they failed to do something that a reasonable person in similar circumstances would have done, or they did something that a reasonable person would not have done;
  • That some harm was caused by this failure to comply with the duty of care; and
  • That the doctor’s actions were the cause of the harm.

Expert witnesses usually testify in medical malpractice cases. These witnesses are generally independent experts from the same field of medicine as the defendant. When determining if a physician has been negligent, the plaintiff must show that the doctor did not act in accordance within a reasonable body of medical opinion. This is usually determined through the use of expert witness testimony.

Contact Our Florida Medical Malpractice Attorneys

Contact an experienced Orlando medical malpractice attorney at Hogan P.A. for more information or help today. We are prepared to assist you with your case.