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 operated by the U.S. Department of Health and Human Services, reports that in 2022, Florida had the second-highest number of medical malpractice payouts after New York. 

The Four Elements Necessary to Prove a Medical Malpractice Lawsuit

To succeed in a medical malpractice lawsuit, you must prevail on four elements. These include:

• There was a duty of care between the doctor and you.
• The doctor failed to exhibit the requisite standard of skill and care while treating you.
• The doctor’s negligence resulted in your injury.
• Your injury or injuries are compensable.

An Orlando medical malpractice lawyer or Fort Lauderdale medical malpractice attorney at Haliczer Pettis & Schwamm can review your case with you and advise you whether you may have a legal cause of action to bring a lawsuit against your medical practitioner. 

The Top 5 Medical Malpractice Awards

Over the last decade, medical malpractice awards have been skyrocketing. Some experts believe it’s due to the ever-increasing cost of health care. Whatever the reason, here are some of the major malpractice awards in Florida in the past year:

$261 Million: Initially, a child was hospitalized at Johns Hopkins All Children’s Hospital in St. Petersburg for severe pains that the family was advised was due to a rare neurological condition. Then, the hospital wrongly accused her parents of child abuse. The lawsuit charged that the hospital separated the child from her mother and wrongfully committed her. Thereafter, the mother committed suicide. Family members of the late mother filed a $200 million lawsuit against the hospital, claiming the medical center’s negligence ended in the mother’s untimely death.

$217 Million: A Florida jury awarded $217 million for misdiagnosing stroke symptoms in a 50-year-old patient who once played pro basketball in the Philippines. He is now confined to a wheelchair and at risk of suffocating every time he swallows food because doctors at Tampa’s University Community Hospital misdiagnosed his stroke symptoms during a visit in August 2000. The patient went to the ER complaining of nausea, headache, dizziness and double vision. Despite telling a nurse he had a family history of strokes, the attending physician discharged him with a diagnosis of sinusitis and a prescription for painkillers. He spent a month hospitalized and three months in a coma.

$33.8 Million: This award was given in a birth injury case that involved medical negligence and failure to treat.  According to court documents, it was found that the delivery doctor ignored symptoms of complications, including a slowed heart rate, which would necessitate a C-section. Despite the mother’s requests to have a C-section, the physician encouraged the mother to give birth vaginally. Evidence also showed that the doctor left the delivery room to handle another birth and to take a call from his financial advisor. As a result of failing to perform a C-section, the child suffered severe oxygen deprivation and was born not breathing. This resulted in permanent brain damage and disability. The physician then lied and changed the medical records to hide his guilt. 

$21.6 Million: This case involved a failure to diagnose breast cancer due to medical negligence. The patient, an emergency room nurse, found a lump in her left breast. Eight doctors handled her case while she was misdiagnosed, according to her attorney. By the time she learned that she had inflammatory breast cancer, it was too late to save her breast. 

$20 Million: The patient in this case arrived at the hospital complaining of severe pain and was diagnosed with inflammation of the pancreas. The doctor ordered increasing doses of Dilaudid – an opioid more powerful than morphine – for pain management. Unbeknownst to the doctor, the patient had a history of obstructive sleep apnea. The condition causes the muscles in the throat and palate to close, stopping the flow of air and putting those who suffer from it at greater risk of complications when taking an opioid, which alone can act as a respiratory depressor. Shortly thereafter, the patient was found unresponsive. 

After the above, the next top five cases in Florida had awards ranging from $15.9 million to $4 million for a variety of malpractice issues, including delayed diagnosis resulting in amputation, failure to warn, and improper use of a medical device.

Contact an Orlando Medical Malpractice Attorney Today

If you believe that you or a loved one has suffered an injury due to medical malpractice, contact Haliczer, Pettis & Schwamm for a free and confidential consultation. Medical malpractice cases must be brought within a strict timeline, so you must act quickly. We have many years of experience to help guide you through this process.