Medical Malpractice

Medical malpractice occurs when doctors or other medical personnel fail to provide acceptable care, leading to a patient's injury. Medical malpractice and negligence can occur in any clinical or hospital setting, and early intervention is key. The breadth and complexity of medical malpractice law requires outstanding legal knowledge. The guidance and representation of an experienced Florida medical malpractice attorney are indispensable to malpractice and negligence victims.

Malpractice law serves a specific purpose: legitimate medical malpractice claims help to maintain consistent, high-quality medical care, by holding those in the medical community accountable for their actions. Doctors, pharmacists, and other medical staff have immense responsibility to their patients, whose lives are often in their hands. Medical malpractice law gives patients the right to fight back when these professionals do not take that responsibility seriously resulting in negligence or misdiagnosis. At John Bales Attorneys, we strive to maintain high standards of healthcare by defending the rights of malpractice victims and getting them the compensation they deserve.

If you believe that you are the victim of medical negligence or malpractice, take action as soon as possible. Contact a Florida medical malpractice attorney immediately. Our attorneys and client managers at John Bales Attorneys will begin work right away, gathering a detailed medical history and investigating your case. We take swift legal action if necessary, and support you through the entire process, whether your medical malpractice case is settled out of court or goes to trial. Our law firm is paid only if you receive compensation for your injuries.

In the event that your case goes to trial, an expert witness will testify on your behalf. An expert witness is a doctor who specializes in the same medical field as the person who is accused of malpractice. The expert witness in your medical malpractice case may testify in court, regarding the mistakes made in your treatment that caused your injury. We also enlist expert witnesses to help us review potential medical malpractice claims and determine whether malpractice actually occurred.

If you are the victim of medical malpractice, contact a John Bales medical malpractice injury attorney today. Complete a FREE Online Consultation Form or call us toll free 1-800-CALL JOHN (1-800-225-5564) 24 hours, 7 days a week.

Medical malpractice can occur in a variety of situations, and cause a broad spectrum of injuries, disabilities, misdiagnosis or medical conditions.

Birth Injuries, Defects, and Obstetrical Malpractice

During pregnancy and delivery, doctors make countless choices that have the potential to cause birth injuries and defects. Known as obstetrical malpractice, these choices can lead to serious, lifelong conditions like cerebral palsy, or even the death of the infant. Examples of obstetrical malpractice include failure to plan or perform a cesarean section; overly slow response to a mother’s changing medical conditions like toxemia or high blood pressure; failure to recognize conditions like a prolapsed cord; or improper use of medical tools like forceps. Common conditions that result from obstetrical malpractice include the following:

Cerebral Palsy: Cerebral palsy has been linked to botched emergency delivery using cesarean section, forceps, or vacuum extraction. Infants who required CPR or oxygen immediately after birth, had seizures within the first 3-4 days of birth, or spent time in the neonatal intensive care unit may have acquired cerebral palsy as a result of a medical mistake.

Erb’s Palsy: Erb’s palsy results in brachial plexus paralysis, which is caused by the infant’s shoulder being wedged in the mother’s cervix. Symptoms of Erb’s palsy in infants include paralysis in the face, arm, hands, or fingers; inability to sit upright at a developmentally appropriate age; loss of muscle control; or restricted range of motion. While these symptoms may not seem severe, they can lead to lifelong disabilities.

Brain Injury and Damage

Traumatic brain injuries (TBI) are caused by drastic injury to the brain from an external force. They may occur as a result of a slip and fall, sports injury, car accident, medical errors, construction injuries, or violence. If a TBI victim receives improper care, the victim may suffer from short- or long-term brain damage. Consequences of this medical malpractice may include memory loss, paralysis, or limitation of other mental faculties.

Surgery/Surgical Malpractice

Surgery malpractice occurs when the doctor, surgeon, or other medical personnel fails to properly perform a surgery or related medical procedure. Common instances of surgical malpractice include performing the incorrect surgical procedure; performing surgery on the wrong patient or the wrong site; failure to remove foreign objects from the surgery site; and failure to fully inform the patient of the potential damage or side effects of a surgical procedure.

Anesthesia: Every person reacts differently to anesthesia, based on age, health, and individual ability to process the medication. In some cases, a patient may react strongly to anesthesia, which can result in lung or heart problems, toxic shock, or nerve damage. The short- and long-term injuries caused by anesthesia can be debilitating and dangerous.

Failure to Diagnose or Misdiagnosis

Failure to diagnose or a misdiagnosis often presents added complication to a medical malpractice case, because it could be the fault of either the doctor or the insurance company. The leading cause of medical malpractice suits in the United States, failure to diagnose occurs when the doctor fails to recognize a medical condition that threatens the health or well-being of a patient. The insurance company may also be responsible for failure to diagnose, if the company refuses to authorize treatment or provide adequate financial support for necessary tests and procedures.

Aneurysms: If a doctor fails to recognize the signs of an aneurysm, the result could be the ballooning and rupture of a blood vessel in the brain. The bursting of an aneurysm can result in massive internal bleeding, brain damage, coma, or death.

Cancer: Early detection of cancer is critical to a patient’s successful treatment. Failure to diagnose cancer quickly can limit a patient’s treatment options or allow the cancer to spread throughout the body, rendering effective treatment virtually impossible.

Occasionally a doctor will admit to having made a mistake in your care or treatment, but this does not always constitute medical malpractice. In a typical malpractice case, you must prove four facts:

• The doctor or hospital was responsible for providing your medical care,
• An injury occurred,
• The doctor or hospital caused that injury, and
• The doctor or hospital failed to provide a level of care consistent with the accepted medical standards.

To determine whether you or a loved one has been a victim of medical malpractice, answering the following questions may help:

1. Did you or a loved one suffer a severe or permanent injury while under the care of a doctor, hospital, or other health care provider?
2. Did your doctor keep information from you about your medical condition, or fail to disclose all the risks of your surgery? Did one of these unknown risks cause your injury?
3. Did your insurance company question the appropriateness of specific procedures, tests, or diagnoses which resulted in delaying your treatment or prevented you from getting the best surgery for your condition?
4. Did your doctor cause appropriate medical treatment to be delayed by failing to test for and diagnose the disease in a timely manner?
5. Did your doctor cause an injury to you or your baby during childbirth?
6. Did prescription medication cause you injury?
7. Did you suffer injury because the equipment used during medical treatment or surgery was faulty, broken, or mishandled?
8. Did your doctor fail to refer you to an appropriate specialist (such as an orthopedic surgeon, neurologist, or cardiovascular surgeon), and your condition worsened as a result?
9. Did your doctor fail to follow up on abnormal test results or to order a medical test in a timely manner?
10. Were you discharged from the hospital or from your doctor’s care before you should have been, and as a result your condition worsened?

If you answered “yes” to any of these questions, you may have been the victim of medical malpractice. After contacting a Florida medical malpractice attorney such as John Bales Attorneys, organize yourself. Save all your prescription bottles. List the names of your doctors, hospitals, and treatments, along with the reason and date of each treatment. Avoid discussing your case with doctors or anyone else connected with your treatment.

To discuss your medical malpractice case, contact a John Bales Attorneys Florida medical malpractice lawyer today. Complete a FREE Online Consultation Form or call us toll free 1-800-CALL JOHN (1-800-225-5564) 24 hours, 7 days a week.

Nothing serious has happened to me yet, but I am beginning to question the quality of my doctor’s care. What can I do to prevent malpractice?

Listen to your body, even if your doctor says that your health is fine. Educate yourself about your health concerns, and seek a second opinion from a qualified doctor. Meanwhile, ask your doctor to write everything down. If your doctor denies you a test or referral to a specialist, have the doctor explain his reasons in writing. If the doctor refuses to provide this documentation, contact a Florida medical malpractice lawyer immediately.

It has taken several months for me to get the courage to do anything about my situation. Am I running out of time to file a lawsuit against my doctor?

There is a statute of limitations on medical malpractice suits, meaning that you do have a limited time period to claim malpractice. To find out if you still have time to claim malpractice, contact a Florida medical malpractice attorney as soon as possible.

What if my family member died as a result of medical malpractice?

The death of a loved one is painful and traumatic. If that death occurred as a result of medical malpractice, the unexpected and unnecessary loss adds even more stress during a time of sorrow. If medical malpractice resulted in death, it bay be possible to file a wrongful death suit against the perpetrator of malpractice.

I have heard that medical malpractice lawsuits take a long time. How long will it take to resolve my case?

Every case is different, but malpractice cases typically do not last longer than other cases. Sometimes doctors, hospitals, and insurance companies will attempt to delay a case or drag it out, because they are trying to avoid paying the victim. The John Bales Florida medical malpractice attorneys work to reach a satisfactory outcome as quickly as possible.

Will I have to go through a trial in court before my case is over?

Not all medical malpractice cases go to court. While some cases do require a formal trial proceeding, many are settled out of court. Because we prepare every case as if it were going to court, our clients’ cases are frequently settled without a formal trial. Our level of expertise and preparation helps to expedite the settlement process for medical malpractice victims.

I have no idea how much money to ask for or expect. What kinds of expenses are typically included in a settlement?

Typically a medical malpractice claim includes compensation for pain and suffering; payment for medical expenses for treating the injury caused by the malpractice; and reimbursement for any past, present, or future financial losses, such as lost wages, that you may incur as a result of the malpractice.

I know that lawyers’ services are expensive. How much does your firm charge?

Law firms can use many different fee structures. At John Bales Attorneys, we believe that our clients should only pay for results. That is why our firm does not charge you anything until we recover money for you. Our fee is a percentage of that recovery.

If you still have questions or concerns about your medical malpractice case, contact a John Bales Florida medical malpractice injury lawyer today. Complete a FREE Online Consultation Form or call us toll free 1-800-CALL JOHN (1-800-225-5564) 24 hours, 7 days a week.