Medical Malpractice

In Central Florida we are blessed with a large contingent of well trained, dedicated health care professionals. These doctors, nurses and other health care providers as a group are dedicated to helping their patients. Unfortunately, health care providers can also make mistakes. Often we find it is the same small proportion of the health care providers who are repeatedly causing harm to their patients.

A study conducted by the Institute of Medicine reported that nearly 100,000 deaths a year in the United States are due to preventable medical mistakes. One of the side effects of medical malpractice suits has been to encourage hospitals and regulators to more strictly police their own ranks to remove or remediate practitioners who fail to meet specific minimum standards of competency. The facilities have also been encouraged to establish better safeguards and management procedures to help reduce these preventable errors. In Florida, every licensed hospital or ambulatory surgical center, as defined by statute, must hire a risk manager who is responsible for implementation and oversight of an internal risk management program. There is more work that needs to be done to protect those who entrust their physical well being to doctors, nurses and hospitals.

Potential Lawsuits

Many patients will receive excellent care, yet sadly they will still experience a less than ideal outcome that is no one’s fault. If we find this to be the case, after a thorough investigation, we inform our clients of this without filing a lawsuit. Medical negligence suits are difficult and expensive; therefore, we are dedicated to bringing only those actions that are meritorious. We never bring a case as a result of the bad outcome alone.

Health care providers are not legally responsible merely because there is a bad outcome. Under Florida law it must be shown that the defendant provider’s care fell below the prevailing professional standard of care, skill, and treatment which, in light of all relevant circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. Specialists and non-specialists may be held to different standards of care.

Patient Injuries

Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. Examples may include nursing home and assisted living abuse or birth defects. Negligence by a medical professional could include an error in a diagnosis, treatment, or illness management. If such negligence results in injury to a patient, a case may arise against the provider if the acts or omissions deviated from generally accepted standards of practice.

When medical mistakes occur, the consequences to the patient can be catastrophic injuries such as when a physician fails to diagnose cancer, or operates on the wrong side of the body. A patient who is improperly monitored or intubated, may suffer brain injuries caused by oxygen deprivation. Anesthesia errors, such as failing to promptly recognize and respond to a change in the patient's condition often lead to tragic results. Sometimes, the busy doctor fails to obtain a full history and prescribes drugs without considering the harmful interactions that might occur with other drugs the patient is taking.

In addition, the healthcare provider has a duty to obtain informed consent before a patient agrees to a surgery or course of therapy. Informed consent simply means that the patient must be told all of the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment. The legal principle behind the requirement for informed consent is that a patient has the right to prevent unauthorized contact with his body, and therefore, a doctor or other healthcare provider has a duty to disclose information to the patient so that the patient can make a reasoned and fully informed decision concerning whether the proposed treatment is in his best interest.

Contact the Kane Law Firm, P.A.

Medical malpractice laws are designed to protect patient's rights to pursue compensation if they are injured as the result of negligence. This type of litigation is often complex and costly to pursue. While, theoretically, you can seek compensation for any injury caused by negligence, regardless of its seriousness, time and money make it unrealistic to sue for an injury that is minor or resolves quickly. If you believe you have a medical malpractice claim, it is important to consult with an attorney who can help you determine whether your claim is worth pursuing. Please keep in mind that Florida law imposes numerous pre-suit requirements on a plaintiff and the professional liability statute of limitations that apply are dramatically shorter than the general negligence statute of limitations. It is therefore very important that you contact an attorney as soon as possible if you think you may want to explore your legal options.

If you or a loved one has suffered from medical malpractice, please call the Central Florida Medical Malpractice Attorneys at the Kane Law Firm, P.A. in Orlando, Florida, at (407) 898-9130, submit a contact form on our website, or email us at Info@KaneInjury.com.

We offer a free initial consultation, and if we agree to take your case, we will work on a contingency basis. This means we will get paid for our services only if there is a monetary award or recovery of funds.