Medical malpractice occurs when a hospital, doctor, nurse or other healthcare provider fails to meet the standard of care that another provider, in the same situation, with the same credentials, would have met. A patient who is seeking to prove that the medical provider was negligent must show the following elements:

• A duty of care. Typically, this requires showing that there is a doctor-patient relationship.
• The healthcare professional breached that duty of care.  
• The doctor’s negligence resulted in your injury.
• The injury was compensable.

Medical malpractice can put a patient in chronic pain and even ruin lives. If you’ve suffered injury through the negligence of a medical practitioner, it’s important to contact a Fort Lauderdale medical malpractice attorney or Orlando medical malpractice lawyer at Haliczer Pettis & Schwamm as soon as possible. 

How Many Clinicians Were Sued for Medical Malpractice in 2023?

The American Medical Association states that one out of three clinicians are sued for malpractice during their careers. Significantly, this makes malpractice the third leading cause of death in the United States, behind heart disease and cancer. On average, 20,000 medical malpractice lawsuits are filed each year.

What Were Some of the Major Causes of Medical Malpractice in 2023?

Misdiagnosis and surgical errors were among the top causes of medical malpractice in 2023.

• Misdiagnosis occurs when the medical provider improperly diagnoses a condition or fails to diagnose any condition at all. Cancer is the most common misdiagnosis in the medical field. It is considered one of the “Big 3” diagnostic errors, together with infections and vascular events. Breast cancer, cervical cancer, prostate cancer, and colon cancer are some of the most misdiagnosed conditions.
• Surgical mistakes are also common errors. 

Where Does Florida Rank in Terms of Highest Medical Malpractice Payouts?

Forbes Advisor reports that Florida was one of the top two states for medical malpractice payouts in 2022, with payouts of $382 million. 

What Specialty is the Most Frequently Sued for Medical Malpractice?

The American Medical Association reports that obstetricians and gynecologists are sued the most frequently. Statistics show that approximately 60% of OBs and GYNs are sued at some point during their careers. 

What Were Some of the Top Medical Malpractice Awards in 2023?

There were several mega-verdicts in 2023. These included:

• $261 million: Awarded to the family of a woman who was falsely accused of child abuse and whose daughter was, therefore, “falsely imprisoned” in Johns Hopkins All Children’s Hospital in St. Petersburg, Florida. 
• $183 million: Awarded in Pennsylvania to the family of a baby who suffered severe brain injuries due to a delayed C-section.
• $34 million: Awarded in Maryland in the case of an emergency C-section resulting in brain damage.

What Were Some Major Changes to State Medical Malpractice Laws in 2023?

Several states enacted changes to their medical malpractice laws. These included:

• California’s limitation on non-economic damages (pain and suffering damages) starts at $350,000 and increases each year by $40,000 until it reaches $750,000.
• Pennsylvania passed legislation that allowed doctors and hospitals to be sued in any county where they do business, not just where the medical care was provided.
• Iowa set a limitation on pain and suffering damages at the level of $1 million for independent clinics, and $2 million for hospitals. 

Contact Haliczer, Pettis & Schwamm

If you believe that you or a loved one has been harmed due to a medical professional’s negligence, contact a Fort Lauderdale medical malpractice attorney or Orlando medical malpractice lawyer at Haliczer Pettis & Schwamm to discuss your situation. Note that there are strict time limits on filing a lawsuit. So, you must act quickly. Contact us today for your free consultation.