Why You Need an Orlando Medical Malpractice lawyer
In the United States, medical errors have become quite widespread. In fact, a recent Johns Hopkins study showed that medical errors are the third leading cause of death. This is only surpassed by cancer and heart disease. When an injury occurs due to medical malpractice, our Orlando medical malpractice lawyer can help file a lawsuit against the healthcare provider, hospital, nurse or doctor who acted negligently and caused the injury.
$3 billion was paid out in medical malpractice settlements in 2012. According to the Centers for Disease Control (CDC). There are other studies that show this figure to be much higher, as much as 440,000.
“People don’t just die from heart attacks and bacteria, they die from system-wide failings and poorly coordinated care,” says the study’s lead author, Dr. Martin Makary, a professor of surgery and health policy at Johns Hopkins University School of Medicine. “It’s medical care gone awry.”
Despite all the attempts to reform our health care system in an effort to provide safe health care, medical errors, and medical malpractice account for approximately 10 percent of deaths in the U.S. And the Johns Hopkins researchers say this figure is probably an undercount. That’s because the CDC doesn’t take into account the deaths that occur in such places considered non-hospital settings such as outpatient clinics, nursing homes, or even homes where caregivers provide care for fragile patients.
In a report by Dr. Makary and Dr. Michael Daniel of Johns Hopkins medical errors were defined as lapses in lapses in judgment, skill or coordination of care; mistaken diagnoses; system failures that lead to patient deaths or the failure to rescue dying patients, as well as preventable complications of care. Not all medical errors are not due to bad doctors; some can be from lack of proper training, bad coordination, problems with the system or management. Any of a number of factors can result in the wrong diagnosis, the wrong treatment, or worse.
“It boils down to people dying from the care that they receive rather than the disease for which they are seeking care,” Makary said.
But even with these statistics, many people may be unaware of what exactly constitutes malpractice, and how this differs from a mistake that is not legally actionable. Not every mistake rises to the level of malpractice, but malpractice always involves mistakes in judgment that lead to tragedy.
What is Medical Malpractice?
Situations of medical malpractice occur when a doctor or other healthcare worker offers treatment that does not meet an acceptable standard of care in the medical community, which puts the patient at risk of suffering an injury or death. Generally speaking, if the healthcare workers don’t take action in situations where other individuals who have the same level of training would have, then they are often considered liable for the losses or injuries that result.
Medical malpractice is a subgroup of tort law dealing with professional negligence. “Tort” is a Norman word that means “wrong” and tort law’s deal with those laws that create and provide remedies for civil wrongs that are separate from contractual wrongs of criminal wrongs. Medical malpractice laws in the U.S. is under jurisdiction of the individual states, and those laws can vary across state lines. However, most medical malpractice cases contain common elements and in most medical malpractice lawsuits, there are four key elements:
1. There was a professional duty owed to the patient – this simply means that there was an established doctor/patient relationship and that the doctor had a duty to show “reasonable care” when treating a patient. This is normally the easiest element for a plaintiff to prove since this “professional duty” is assumed whenever a physician assumes the care of a patient. There may be some limitations to this such as in the case of a doctor who provides emergency care at an accident scene.
2. The medical professional breached this duty – this means that a healthcare professional breached the reasonable standard of care expected from his or her peers. In some instances, this breach is obvious (operating on the wrong body part), but in other instances, it requires expert testimony to establish that a breach occurred. This breach of duty however is meaningless under the law, unless injury or harm was caused to the patient. This leads to the third element which is:
3. There was an injury resulting from the breach – plaintiffs must show that the breach of duty directly caused their injury or was a significant contributor to the injury. The legal term here is called res ipsa loquitur (Latin for “the thing itself speaks” but more often translated as “the thing speaks for itself”). This means that there is little doubt an injury has occurred; a limb is missing, or the patient died as a result of a malpractice.
4. Damages suffered – this means that plaintiffs must be able to prove financial and emotional loss due to this breach. Emotional loss is typically known as “pain and suffering” and can be demonstrated in a variety of ways, depending on the case.
If you or someone you love has suffered an injury due to medical malpractice, contact our experienced Orlando medical malpractice lawyers today. You may be eligible to receive compensation for the injury or loss you suffered.
Our Orlando Medical Malpractice Lawyers help people who have suffered with following practice areas:
- Birth Injuries
- Medical Misdiagnosis
- Medication Errors
- Standard of Care
- Surgical Errors
- Nursing Home Abuse
Why Hire Experienced Orlando Medical Malpractice Lawyers?
A medical malpractice lawsuit differs from other types of personal injury cases because they involve two areas of expertise (which are often intertwined): medicine and law. These cases are often extremely complicated and require the skill and attention of a lawyer who fully understands these areas. When you choose our Orlando medical malpractice attorneys, you can feel confident that they can/have:
- A firm understanding of medicine
- Know what experts to consult with
- Are able to decipher complex medical documents
- Know what questions to ask
- Can anticipate the tactics used by the defendant
We can help review the facts of your situation to determine whether or not you have grounds to file a medical malpractice lawsuit. If you do, we can discuss a strategy to help you receive the compensation that you deserve.
Why Choose the Orlando Medical Malpractice Lawyers at Badgley Law Group?
Many healthcare professionals will have defended against a claim of malpractice in the past. This is why it is so important for those with a potential claim to select a lawyer who has litigated in previous malpractice claims. When you have a lawyer who is able to anticipate the tactics used by healthcare professionals to negate or rebut the claims you can make, it can help boost the likelihood of a successful outcome.
At Badgley Law Group, our knowledgeable Orlando medical malpractice lawyer has handled medical malpractice cases for many years and can use this past experience to anticipate the various strategies that the defense is going to use in your case. Our strength lays not just with our negotiation and courtroom tactics, but also the resources that are available from our law office.
CONTACT OUR ORLANDO MEDICAL MALPRACTICE LAWYERS TODAY!
When you call us for help with your medical malpractice case in Orlando, you can feel confident that we will work hard to ensure that your case is properly represented. Our goal is to help you receive compensation for the losses and injuries that you suffered.