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Medical Malpractice Florida Attorney | Medical Malpractice Florida Attorney

It is very common for an injured person to consult a lawyer saying ‘if Dr Smith had told me I would end up like this I would never have agreed to the procedure’.  While the saying ‘hindsight is always 20/20’ is often appropriate, there are situations where an injured person could and should sue their doctor or other professional for failing to warn them of significant risks of a procedure.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies. In the event that you have follow up questions, please post them directly on this site. This does not create an attorney-client relationship and the attorney does not read unsolicited emails. Thank You.

"The opinion upholding the judgment recognizes that although not every fiduciary relationship will give rise to a claim for damages, where the specific professional responsibility of an attending physician is to convey accurate information, then failure to do so can give rise to liability if the physician's breach results in unusual and extreme emotional distress on the part of the plaintiff," Raynes said in an email, according to AMN.
Similar to the errors in treatment discussed above, pharmaceutical errors can constitute medical negligence if the errors are in violation of the standard of care. If you’ve watched television long enough to reach a commercial break, you’ve likely seen commercials for prescription drugs that end with a litany of potentially dangerous side effects. When prescribed and used as directed, the benefits of use are thought to outweigh the potential dangers. But if your physician prescribes an inappropriate drug to treat your condition -- whether misdiagnosed or diagnosed correctly -- he or she has violated the standard of care and committed an act of negligence.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Although the medical school adage of “treat the patient and not the test” has value, it’s also important for health-care providers to carefully assess the information provided by the tests that they order. I’ve witnessed many instances in which highly abnormal test results were either interpreted incorrectly or disregarded by physicians—sometimes with fatal consequences.
Although it is not unheard of for a doctor to alter medical records, it is extremely rare. If your doctor does alter your medical records, this fact alone will not irreparably harm your case. There have been major advances in forensic technology over the past years. It is now possible to detect changes in ink, spacing, and handwriting that may have been made by your doctor when he tried to alter your records.
Andrew W. Norfleet, Esquire Helping disabled individuals throughout Pennsylvania. awn@norlaflaw.com www.norlaflaw.com DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania and is personal in nature, not professional in nature. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality
According to a 2006 study, medication errors harm approximately 1.5 million people in the United States every year. Medication errors can occur many ways -- from the initial prescription to the administration of the drug. For example, a patient might be harmed if the doctor prescribes the wrong medication. Or the patient might be harmed by medication that the doctor prescribes to treat a misdiagnosed condition. In a hospital setting, the right drug might be given to the wrong patient.
Special medical malpractice review panels. Many states require the patient to first submit the claim to a malpractice review panel. This panel of experts will hear arguments, review evidence and expert testimony, and then decide whether malpractice has occurred. The panel decision does not replace an actual medical malpractice lawsuit, and the panel cannot award damages, but it's a hoop the patient must jump through before getting to court. The findings of the review panel can be presented in court, and courts often rely on a review panel's finding of no medical malpractice to throw out a case before it goes to trial.

A 1950's court decision in England produced what is commonly referred to as the Bolam test. Bolam laid the groundwork for an informal three-pronged test employed in the UK and the US alike. The Lancet wrote, "Since Bolam, modern medical negligence law can be whittled down to three fundamental factors: one, confirming the patient was “owed a legal duty of care” by the health practitioner who is the “defendant” in cases of medical negligence; two, establishing that the defendant was in “breach” of that duty of care in failing to reach the standard of care required by law; three, proving that this breach of duty caused or contributed to the damage or injury to the patient.” These are the elements a patient must prove in order to win a malpractice case today. A breach of standard alone is “meaningless” with regards to liability unless it proximately results in injury to the patient.
Being unhappy with your treatment or the results of that treatment does not mean the doctor is liable or guilty of medical malpractice. The doctor must have been negligent in connection with your diagnosis or treatment. To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor would not have if they were treating you under the same circumstances. The doctor’s care is not required to be the best possible, merely “reasonably skillful and careful”. Whether the doctor was reasonably skillful and careful is often at the heart of a medical malpractice claim.
Here is the step most people don’t realize. If the patient’s lawyer wants to take the case further, they need to get an expert witness. That will cost them a lot of money. So if the case is weak, they will do some sort of calculation. For example, they will say they spent 50 hours so far, and they want to make 10,000 for that, so they will offer to dismiss the case for 20,000, which they will split with the patient. Many cases will settle at this point, because it’s easier to spend a little money and avoid the massive costs of going to court, as well as avoiding the risk of a big payout to the patient. This is the reason I say it’s easy to sue a doctor for malpractice, lose the case, but still make some money.

The first non-VA hospital to adopt such a program was the University of Michigan’s (U of M’s) health care system, which introduced the Michigan Model in 2001. Payments to wronged patients are made on behalf of the institution itself, so they are not reported to the National Practitioner Data Bank (such a report would affect a physician’s reputation). In this way, U of M protects its physicians and encourages them to own up to any mistakes. For more information on the Michigan Model for responding to medical errors, and how it has benefited both patients and medical professionals, click here.

According to the Institute of Medicine, up to 98,000 people die in hospitals in the United States every year as a result of medical errors that could have been prevented.  These medical errors are the eighth leading cause of death in the United States, which is higher than motor vehicle accidents. Victims of medical malpractice and their family members do have legal rights to sue a hospital in the event that negligent medical care causes an injury or death.


Once the Form 95 has been filed with the appropriate federal agency, then you must work with the agency to resolve your claim. There are a lot of pitfalls if you do not know what you are doing. If you cannot successfully resolve the claim administratively, you have the option of filing suit so long as you file within the appropriate limitations period. Our attorneys have decades of trial experience and are able to assist you in this process. Please contact us if you need a free evaluation of your claim. Once you have filed your form 95, you must wait at least 6 months (maybe more depending on the course of your administrative claim) before you can file a federal lawsuit.
In states using this second standard, courts ask whether a normal patient, with the same medical history and conditions as the plaintiff, would have changed his or her mind about the treatment if the risk was disclosed. Unlike states following the first standard, a doctor must also inform a patient of realistic alternative treatments, even if the doctor only recommends one treatment.

The doctor knew full well this would happen – there is no excuse and I will not let this slip. No one should. I like the comment regarding managing your own pain as a chronic pain pt however there is no amount of managing you can do when you span years and your body is used to something and then it goes away.. You may not be addicted mentally but your body will betray you in the end as I’m showing you – I never asked for an increase, I never misused my meds, I never sold them – I was stable for 9 years. I would not consider myself an addictive-personality either but your brain gets re-wired and this is a case that no one should ever have to face.
There’s no way to tell how often doctors to lie to protect their colleagues, but ProPublica has found that patients are frequently not told the truth when they are harmed. Studies also show that many physicians do not have a favorable view of informing patients about mistakes and that health care workers are afraid to speak up if things don’t seem right. Many doctors and nurses have told ProPublica that they fear retaliation if they speak out about patient safety problems.
In order to have a malpractice claim, your medical professional must have acted negligently. This is to say that your doctor failed to treat you with a standard of care. A standard of care is the agreed upon method or methods employed by medical providers in the given geographic area for a condition or illness. This standard changes depending on a number of factors, including the age of the patient and the condition being treated.
Have you filed your Standard Form 95? Did you fill it out correctly? Often, we have veterans and service members or their families that call us after they have filed their own Form 95. Many times, we must file amended Form 95s to correct legal, medical, or other errors that are made. Some times, we must tell these individuals that we cannot help them due to a fatal error in filing their Form 95 that cannot be corrected under the law.

"The opinion upholding the judgment recognizes that although not every fiduciary relationship will give rise to a claim for damages, where the specific professional responsibility of an attending physician is to convey accurate information, then failure to do so can give rise to liability if the physician's breach results in unusual and extreme emotional distress on the part of the plaintiff," Raynes said in an email, according to AMN.
The first non-VA hospital to adopt such a program was the University of Michigan’s (U of M’s) health care system, which introduced the Michigan Model in 2001. Payments to wronged patients are made on behalf of the institution itself, so they are not reported to the National Practitioner Data Bank (such a report would affect a physician’s reputation). In this way, U of M protects its physicians and encourages them to own up to any mistakes. For more information on the Michigan Model for responding to medical errors, and how it has benefited both patients and medical professionals, click here.

Differential diagnosis is a systemic method used by doctors to identify a disease or condition in a patient. Based upon a preliminary evaluation of the patient, the doctor makes a list of diagnoses in order of probability. The physician then tests the strength of each diagnosis by making further medical observations of the patient, asking detailed questions about symptoms and medical history, ordering tests, or referring the patient to specialists. Ideally, a number of potential diagnoses will be ruled out as the investigation progresses, and only one diagnosis will remain at the end. Of course, given the uncertain nature of medicine, this is not always the case.

You withheld information from the doctor or gave misleading information to the doctor which might have aided or hindered the doctor’s ability to diagnose the problem. For example, if you tell the doctor that you don’t smoke even though you do, than the doctor may not be able to properly diagnose that you have developed lung cancer or other respiratory illnesses.
Doctors typically require patients to sign a consent form detailing the risks of any given treatment or procedure. But signing a form alone does not necessarily prove that the patient gave informed consent. The doctor must actually discuss the procedure and risks with the patient. And the patient must understand, to the extent possible, the risks he or she faces.
Communication and Resolution Programs: When a medical error is identified, the patient is approached by the physician and/or health care system and they mutually arrive at a settlement. Several laws have been passed to facilitate communication and resolution (Mandatory presuit notification laws, apology laws and State-facilitated dispute resolution laws).
The situation is different for patients injured in an emergency room. Usually, the hospital does not have an opportunity to inform emergency room patients that a doctor is not an employee. This means that ER patients can often sue the hospital for a doctor's medical malpractice. There are also a few states that say a hospital can be sued for emergency room malpractice regardless of what the patient believed or was told. (To learn more, read Nolo's article Medical Malpractice During Emergencies.)
Damage: The physical and/or monetary costs to the plaintiff that resulted from negligent acts by the medical provider. An example of damage would be a physician assistant’s failure to diagnose the right medical condition which then caused the patient to become sicker, to spend more money on additional therapy, and to incur lost wages for missing work.
For example, if the hospital appeared to others to be the employer of the doctor, the patient may be able to sue if the hospital did not clearly state that the doctor was not actually an employee. Additionally, a hospital may be sued in some states if it knows that a doctor is incompetent or dangerous and still keeps the doctor on staff. Barring these exceptions, if a hospital employee commits negligence while the non-employee doctor is present and the doctor had control of the situation to prevent the employee’s negligence, the hospital may not be able to be sued.
In addition, the fact that you like your doctor doesn’t actually mean that he’s any good at what he does. It would be a mistake to let your doctor get away with malpractice if he is exercising a poor quality of care. Remember: the fact that he’s a nice guy doesn’t mean he’s a competent physician. Don’t you want to receive compensation for your injury or the injury of a loved one and possibly keep him from injuring someone else?
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