Orlando Medical Malpractice Lawyer
Recent statistics show that nearly 100,000 Americans will die each year due to a preventable case of medical malpractice. The team at JustCallMoe are your Orlando medical malpractice lawyers who approach every case personably and aim to hold negligent medical professionals accountable for injuries or death.
The Standard of Care You Are Owed
In a medical malpractice case, one of the hardest things for your attorney to prove is your medical provider failed to act within the standard of care expected by a doctor.
Every health care provider has their own way of handling patients, and in order to prove the medical standard of care wasn’t upheld in your case, your Orlando medical malpractice attorney must:
- Establish there was a relationship between you and your doctor which gives rise to the duty of care
- Your doctor and/or health care provider breached the duty of reasonable care
- That as a result of the breach you or your loved one suffered an injury.
Keep in mind that even if there was a medical error, if no injury resulted from the error there is no case.
Who Can You File a Medical Malpractice Claim Against in Orlando?
In Florida, medical professionals can include physicians, nurses, dentists, chiropractors, surgeons, pharmacists, physician’s assistants, etc.
Additionally, if you or a loved one was injured due to medical malpractice, you can not only file a lawsuit against the person that caused your injuries, but also against the hospital, clinic, medical practice, nursing home, or other medical facility that employed the person who caused you and/or your loved one harm.
Possible Damages in Medical Malpractice Cases
Some of the damages that may be available to you and/or your loved one due to medical malpractice in Orlando include, but aren’t limited to:
- Medical expenses, including past and future medical expenses
- Lost income
- Pain and suffering
- Loss of consortium
- Punitive damages: Note that punitive damages are only available in specific cases, and you should talk to an Orlando medical malpractice lawyer at JustCallMoe to see if your case may be eligible for punitive damages.
Common Types of Medical Malpractice
Medical malpractice can happen in many ways and can happen in almost any medical facility in Orlando. Some of the most common types of medical malpractice cases are:
- Injuries during Surgery: Examples include a surgeon who operates on the wrong patient or perform surgery on the wrong body part. However, surgical errors are common, especially in laparoscopic and bariatric operations. However, sometimes surgical instruments and surgical sponges are left inside a patient. Medical malpractice can also occur when the medical staff fails to properly monitor you or your loved one during and after surgery.
- Anesthesia Errors: About 40 million times a year a patient is put under anesthesia. The anesthesia must be carefully administered and monitored during surgery. If you or a loved one is not properly given the anesthesia or monitored during the operation, you could fall victim to brain injury, paralysis, heart attack, suffocation, coma, and even death. In other cases, you or a loved one may not be given enough anesthetic and may wake up during the operation in which case you could experience pain and distress.
- Failure to Diagnose and/or Treat in a Timely Manner: If you or a loved one has a serious illness that your medical professional fails to diagnose in a timely manner, and it was still treatable at that time, it could lead to serious issues or even death. Some of the most commonly misdiagnosed conditions include, but aren’t limited: cancer, heart attacks, strokes, pulmonary embolism, appendicitis, etc. In some cases, the misdiagnosis occurs because your physician doesn’t spend enough time asking you about your symptoms, or in other cases, there’s a break-down in communication between medical professionals.
- Malpractice in the Emergency Room: At times, the staff of an emergency room in Orlando can be overwhelmed with patients and things can become inefficient, chaotic, and these conditions could lead to medical errors. A recent study showed that almost half of all medical malpractice occurred in an emergency room.
- Labor and Delivery: During labor and delivery, the delivery is the most dangerous time for Mom and baby. Medical errors during this crucial time could result in injuries to both you and your child. The medical personnel who are there for the birth of your baby owe both you and your child a duty of care to monitor both of you care and to respond quickly if a problem develops. Failure to do so could result in permanent injuries to your baby they may affect them the rest of their lives.
Proving Medical Malpractice in Orlando
When you and your Orlando medical malpractice lawyer have been able to establish that you or a loved one was owed a duty of care and that your medical professionals failed to meet the duty of care you were owed, that’s when the medical experts can work to prove medical malpractice.
At JustCallMoe, we know how valuable a medical expert can be at explaining your injury to a jury, what the appropriate course of treatment should have been, and what your physician did or didn’t do at each phase of your care.
Keep in mind, however, that just because a medical error may have been made, it may have happened despite your medical professional’s best efforts to give you or your loved a reasonable standard of care.
As an example, perhaps the procedure you or your loved one was having was extremely intricate and/or complex, and the known risks of this procedure were properly explained to you before the procedure. In this case, if an error occurred that caused you or your loved one to be injured, your medical professionals cannot be charged with medical malpractice as the chance of the error that caused your injury may have been far greater than the likelihood of success.
Additionally, it’s not enough to prove that your medical professional made a mistake or error. You and your Orlando attorney will need to show a direct link between the medical professionals and the injuries you or your loved one suffered.
The Orlando medical malpractice attorneys at JustCallMoe can evaluate all evidence in your individual case, including all medical records and notes from each of your doctor visits, in an attempt to show that if the medical professionals involved didn’t make the mistake, you wouldn’t have suffered your injuries.
Experienced Orlando Medical Malpractice Lawyers
In Orlando, Moe DeWitt has the experience to assist you and your family if you’ve been the victim of a life-altering injury due to medical malpractice.
Every medical malpractice case has its own unique features and characteristics, and you owe it to yourself and your family to consult with an attorney who has the knowledge, skill, and experience to handle the complexities of a medical malpractice case in Orlando.
Our attorneys and staff at the Orlando law office of JustCallMoe will give you the respect, compassion, and care that you and your family deserve. We will be a strong advocate for you throughout the settlement process and in court if necessary. Call us at 866-225-5663 for a consultation.
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