Orlando Medical Malpractice Attorneys

Medical malpractice is the leading cause of permanent disability and wrongful death. Over 200,000 people die each year due to a medical professional’s inattention to detail. When you go to a doctor or hospital, you entrust your life with that physician and hospital employees. As medical professionals, they are accountable for your safety and security. The doctor’s oath is “first do no harm.” However, what happens when that oath is broken and the person you trust with your life acts carelessly in regards to your protection? Medical malpractice just happened.

Orlando boasts one of the top medical schools in the state. The University of Central Florida Medical School is a research-intensive program. It works in collaboration with numerous medical centers and hospitals, including the Veterans Affairs Medical Center, the Nemours Children’s Hospital, and the Anderson Cancer Research Institute. The city of Orlando is quite fortunate to have all of these prestigious medical facilities at its disposal. With such impressive health services, it is alarming the number of medical malpractice incidents that happen each year in Orlando. Medical professionals are human, and all humans have one thing in common, we make mistakes. The difference is when a doctor, surgeon, or nurse makes a mistake; it may cost your life.

Physicians and other healthcare providers are held at a higher standard than other professionals are, and they should be. If a hairdresser cuts a little too much off the top, you may not like it, but you know at least it will grow back. If an orthopedic surgeon miscalculates bone length on a knee or hip replacement, that bone will not grow back. In fact, you may permanently walk with a limp or require walking aids for life. Is the miscalculation of bone length due to carelessness or does it fall under informed consent? That depends.

The informed consent law in Florida requires that patients be educated on three distinct topics before consenting to a medical procedure. A medical professional must advise the patient on the nature of the procedure, the risks, and hazards of the procedure, and any sensible alternatives to the procedure. The nature of the procedure refers to what exactly will take place. Risks and hazards describe any possible side effects or consequences of the procedure. Sensible alternatives express other possibilities besides having the medical procedure done, including doing nothing. Once the patient learns these things, he or she may consent or not consent to the procedure. However, a signed, written consent form does not necessarily mean informed consent took place, theoretically, it is just a piece of paper. How many times have you been in a physician’s office and the nurse or receptionist has you sign multiple pages without telling you what they are? Conversely, when you are in a hospital for one condition, and an unexpected medical emergency arises, you may already be sedated when the provider tells advises you on the procedure. Is it considered informed consent when the patient is heavily medicated? You need to discuss these issues with an attorney.

When a legitimate medical malpractice claim exists, most insurance companies will try to settle with you out of court. Insurance companies love negotiating with patients. Many times, they advise the patient not to retain an attorney because the attorney will take a percentage of your settlement. However, in Florida, attorney fees cannot exceed 40 percent of the first one million dollars awarded and cannot exceed 30% of amounts up to two million dollars, and no more than 20% of amounts over two million dollars. It is in the insurance company’s best interest to negotiate with you. It is in your best interest to retain one of Orlando’s fine medical malpractice attorneys.