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Category: Blog

How Settlement Negotiations Work in A Medical Malpractice Case

Medical malpractice is not an uncommon event. Researchers at Johns Hopkins University conducted a comprehensive eight-year study of medical errors in the U.S. and found that, on average, more than 250,000 people die in the U.S. because of medical mistakes each year. This makes medical malpractice the second leading cause of death in the United States, behind cancer and before chronic respiratory disease. The most common medical malpractice claims include misdiagnosis, birth injuries, medication errors,...

What Are the Causes of Medical Misdiagnosis?

Avoiding misdiagnosis is a moral, professional, and public health imperative, according to the U.S. National Academy of Medicine. However, estimates vary significantly regarding the full scope of harms related to medical misdiagnosis scenarios. The Johns Hopkins Armstrong Institute Center for Diagnostic Excellence estimates that: 12 million Americans are affected each year by misdiagnosis situations, and perhaps one-third are harmed as a result. Misdiagnosis errors may account for 40,000 to 80,000 preventable deaths annually in U.S....

Civil and Criminal Medical Malpractice: Understanding the Differences

When you go to the doctor’s office for a medical procedure or to a medical clinic or hospital for surgery, you just assume that things will go well. Doctors are generally well-trained in the United States and, in most cases, well-prepared to diagnose your condition and provide you with the proper treatment you need. But sometimes, things don’t go as planned, and medical malpractice is involved. In fact, Johns Hopkins patient safety experts believe that...

Florida Healthcare Legislation in 2024

The Florida legislature passed a package of comprehensive healthcare and workforce reforms during the 2024 legislation session. Known as the “Live Healthy” Act, this series of laws carries a cost of more than $1.2 billion in fiscal year 2024-25 to grow the healthcare workforce, remove regulations, protect patients, and enhance access to healthcare among marginalized groups. The bills included in this package are: SB 7016 – The bill aims to grow Florida’s healthcare workforce by...

Consent Forms and Medical Procedures

If you or a loved one will be having surgery, it’s likely that you will be asked by your doctor’s office, clinic, hospital or other medical venue to sign a form known as a consent form. This form usually contains language about the risks of the procedure and often attempts to have you, as the patient, waive your right to bring claims if there are complications. The waiver language within the consent form can often...

The Top 5 Recent Medical Malpractice Awards in Florida

Florida is a haven for many people seeking great weather, job opportunities, and a lack of state income tax. It’s considered to have a vigorous healthcare industry, particularly due to the number of retired people who decide to call Florida home. And yet, every year there are thousands of medical malpractice lawsuits that are filed against the doctors and other healthcare professionals who practice in the state. In fact, the National Practitioner Database, a database...

What Serves as Evidence in Medical Malpractice Cases?

Medical malpractice cases are complex and require substantial evidence to support claims of negligence or wrongdoing by healthcare providers. The burden of proof lies with the plaintiff, who must present evidence that the healthcare provider deviated from the standard of care, resulting in harm. The following elements typically serve as evidence in a medical malpractice case in Florida: Medical Records At the heart of a medical malpractice case are medical records. These typically include documentation...

2023 Medical Malpractice Statistics

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...