Hospitals are meant to be places of healing. They are places where you go when you are injured or ill, where you are supposed to receive attentive care and treatment from highly trained, well-educated and experienced medical professionals. However, each year close to 100,000 Americans tragically die as a result of medical negligence or malpractice.
Most doctors and other medical practitioners are extremely capable, compassionate, and caring professionals who work tirelessly for the good of their patients. However, even with the best of intentions, mistakes can, and do, happen. Unfortunately, medical mistakes can be absolutely devastating to patients—and their families. Serious injuries—and sometimes even death—occur each year as a result of medical mistakes.
Thousands of medical malpractice incidents are reported in the State of Florida each year. Sadly, many incidents of medical negligence go unreported. If you suspect or believe that you have been a victim of medical malpractice or medical negligence then you should seek legal advice from our experienced medical malpractice law firm located in Winter Park, Florida.
Why You Need a Medical Malpractice Attorney in Winter Park
At Cullen & Hemphill, PLC, we represent clients who’ve suffered injury—or the family members of a patient who has suffered wrongful death—as a result of the negligence, carelessness, or even intentional acts of healthcare providers like hospitals, nurses, dentists, doctors, podiatrists, and chiropractors.
We handle various claims for victims of medical malpractice in Winter Park, Orlando, and throughout Central Florida, including those arising from:
- Delayed diagnosis
- Missed diagnosis
- Birth injuries
- Lack of informed consent
- Healthcare provider errors
- Medical device malfunction
- Misread X-ray, ultrasounds, and slides
- Pharmaceutical or medication errors
- Dental malpractice
- Spinal cord injuries
- Brain injury
- Nursing home neglect and abuse
Not All Bad Outcomes Are Considered to Be Medical Malpractice
How do you know when your bad medical outcome is the result of malpractice or something else? In order to have a viable malpractice claim, you must be able to show the following:
- Medical negligence. An error, omission, or mistake can happen at any time during a medical procedure. For instance, a doctor may fail to correctly diagnose your ailment, or he or she may not administer the correct treatment for your condition. The main issue is the standard of the care. If a healthcare provider deviates from the accepted standard of care within his medical specialty, he or she could be guilty of medical negligence. In order to have a viable medical negligence case in Florida, a patient (or family) must prove that the doctor’s actions were inconsistent with the standard of care.
- Injury or damage. A Florida medical malpractice case is not viable only by showing that a doctor did not comply with the standard of care. Before asserting a claim (and definitely before filing a lawsuit), an injured patient will still need to be able to prove that the mistake made by the doctor resulted in an injury. This is often very difficult if a patient has a host of health problems that could also have caused the injury. A Florida medical malpractice attorney is often essential to helping a patient prove both negligence and a causal connection between the negligence and the injury.
An experienced Florida medical malpractice attorney will consult with witnesses—often expert witnesses—to review medical records, to perform independent investigations, and to review medical research and literature. This kind of information is vital to building a successful medical negligence case.
Medical Malpractice Is Very Difficult to Prove in Florida
Anyone contemplating bringing a medical malpractice case needs to understand that these are the most complex and complicated kind of personal injury or wrongful death cases. Medical negligence cases are typically the most vigorously defended civil cases, and healthcare providers and their insurance companies usually spare little expense in defense. You need to select attorneys who are up to the task of preparing for such a fierce fight. The law firm of Cullen & Hemphill, PLC, is equipped with the skills and experience to take the fight to the defense team.
If you believe that you have been the victim of medical negligence or malpractice, and that you have received serious injuries, call the Winter Park medical malpractice attorneys at Cullen & Hemphill, PLC. Consultations are always free of charge.