Orlando Medical Malpractice Lawyer Blog

When Orlando residents and visitors go to a hospital emergency department, they expect to receive appropriate attention. Unfortunately, tragedy can result when hospitals fail to promptly and correctly treat those presenting with a potentially life-threatening condition. Sadly, a family of a young man who died after seeking emergency care received a multi-million dollar jury award due to a careless delay in treatment.

A young, hard-working professional went to the hospital emergency department complaining of headaches. As Orlando medical malpractice lawyers, we can share that the fact that his headaches were so severe as to cause him to go to the emergency department is, standing alone, significant. However, this fact appears to have been given little weight by the medical staff. After waiting around for assistance for more than five hours, the patient's condition further deteriorated to a level that required immediate attention. Tragically, by the time he was evaluated by a doctor and sent to surgery it was too late. He suffered a brain herniation and died during the surgery.

While every case is different, these circumstances highlight the importance of hospital nurses properly and timely evaluating patients. They have an obligation to monitor patients and notify physicians so that patients may promptly receive the necessary care. Nurses should be advocates for their patient and do what they can to protect them. Too often in our cases, nurses try to pretend to be incapable of "thinking for themselves." Of course, this is nonsense. With their training and education, they understand when a patient needs to be seen by a physician quickly.

Injury caused by any federal agency, including the Department of Veteran’s Affairs (VA), U.S. Postal Service and the Department of Health and Human Services involves special federal laws. When harmed by the United States government, individual's rights are generally governed by the Federal Tort Claims Act (FTCA).

Whether it involves medical malpractice by a federally funded health care facility or a car accident caused by a United States postal worker, before a lawsuit can be filed under the Federal Tort Claims Act, a written administrative claim must be presented on a special form to the federal agency employing the person who caused the injury. The agency then has six months to either admit or deny the claim. A lawsuit cannot be filed until the administrative claim has been denied or until six months has passed without the agency acting on the administrative claim.

In such cases, a federal judge, not a jury, will decide the case. In other words, a federal district court judge decides who wins the case. For all of these reasons, if you or a family member is injured by an employee of the federal government, you need a competent federal tort lawyer who has tried FTCA claims in federal court.

While there are more than 80,000 attorneys in Florida, there are only a small number of lawyers who specialize in civil trial law. Most people may not be aware that the Florida Bar has certified less than 2% of all Florida Bar members as specialists in civil trial law - which includes injury caused by federal employees. In addition, there are even fewer Florida lawyers who are also licensed as a medical doctor at the same time.

There is certainly an advantage to have both a board certified trial lawyer and a medical doctor/lawyer pursuing the United States in a legal action. These cases require significant medical and legal expertise in order to take on the government attorneys who will defend the tort claim. People should understand what they are up against.

We believe so strongly that the selection of the wrong lawyer may lose a case years before it ever goes to trial that we have written a book to help consumers select the right lawyer. We continue to make the book, Seeking Justice: An Insider's Guide for the Injured, available at no charge. Give yourself a fighting chance to win a just result.

While the dangers of gentamicin have been well known, terrible cases of medical malpractice continue to involve this antibiotic. While each claim is different, as gentamicin poisoning lawyers, we continue to find common elements in all of them.we Recently, we succeeded in winning a long and hard fought battle a retired gentleman.

After decades of hard work, our client decided to have back surgery to rid himself of nagging pain and to better enjoy his time with his grandchildren. Fortunately, that spine surgery went well; however, he was prescribed gentamicin for an infection. Sadly, it was presribed inappropriately, noone acted upon the signs of toxicity and his dizziness and imbalance became permanent.

For several years, the health care providers involved sought to avoid responsibility for the harm each caused. Yet, as we have done throughout our more than 20 years of dedicated practice, we refused to lose focus on our client’s best interests. We pursued the wrongdoers zealously and justice prevailed.

Why do we continue to see excessive use of this antibiotic? That question remains a mystery. What is even more stunning in our gentamicin poisoning cases is that the health care providers involved were well aware of the dangers. Each claimed to understand that even without excessive levels serious damage can happen. With normal blood levels, damage to kidneys and the vestibular system (inner ear) can still occur. That fact appears to be missed by the health care providers involved in these cases. While each may admit to such awareness, their conduct belies such an understanding. In cases where the gentamicin damages the tiny hair cells in the inner ear, we find a failure to act on signs and symptoms of poisioning such as balance difficulties, gait disturbances and dizziness. Either the doctors and nurses involved do not understand the dangers of this antibiotic or these doctors and nurses lack sufficient concern for their patients. Either way, such medical and nursing care is totally unacceptable.

Doctors are trained to understand that many conditions have similar signs and symptoms. While in medical school, they learn the most careful method to determine the likely cause of a person's difficulties. While just students, they are taught to list all possible conditions that could be causing the patient's complaints. The list should begin with the most serious possibilities first and move down to the least harmful.

This list of potential causes is called a "differential diagnosis." Once the differential diagnosis is thoughtfully prepared, the physician goes down the list, one at a time, to rule out each item listed. By doing so, it is a relatively easy process to reasonably ensure that a patient receives the proper evaluation and diagnosis.

As Orlando medical malpractice lawyers we find that needless injury and death results when doctors choose to ignore the importance of preparing a differential diagnosis. Too often careless assumptions are made. Obviously, if a doctor does not consider and rule out all potential life-threatening conditions, the patient's well-being is needlessly put in jeopardy. Yet, when this occurs rarely do health care providers take responsibility for the consequences of their actions. Rather, the lawyers hired by the doctors and hospitals try to avoid any discussion of the need to do a careful differential diagnosis. Unless the patient's lawyer focuses on its importance, the defense may succeed in making the case appear complex and confusing.

While medicine can be complex, much of the practice involves basic steps, that if followed, will limit or reduce any likelihood of an untoward event. Journals have reported that if physicians and hospitals used a simple check list, the risk of infection would be reduced dramatically. Doesn't everyone deserve that kind of careful medicine?

Throughout our years of experience as Orlando Medical Malpractice Lawyers we see too many tragedies involving individuals who entrusted their health and well-being to health care providers with fatal results. Unfortunately, medicine today is a multi-billion dollar business. Providing excellent health care and protecting patients is not the driving force for some health care providers. The following provides another example of needless medical neglect:

A family practice physician provided pain medication inappropriately to numerous patients causing serious harm and death. In this recent case, the doctor's neglect rose to the level of criminal conduct and he was charged for the murder of a patient who died from his reckless prescription of pain killers. According to another patient who testified in court, the doctor had also provided her with hundreds of prescriptions for pain killers on a weekly basis; including filling out prescriptions under her husband’s name, who was not a patient and had never been examined by this doctor. Ultimately, this patient became dependent and addicted to the narcotic medication - requiring numerous detoxification programs.

Tragically, we have learned that this doctor has also been charged with the deaths of three other patients; and, charged with multiple felony counts for criminally prescribing drugs to people without any demonstrated need. In defense, as expected, patients have been accused of misrepresenting their condition and symptoms. Of course, we have found that many physician allegations lack actual proof of patient misconduct.

It is unfortunate but not uncommon to see doctors violate the trust of their patients. Obviously, the State of Florida and licensing authorities should work to better regulate the practice of medicine in an effort to reduce needless patient injury, harm and death. Certainly, this most recent case reminds us of the need for individuals and families to properly monitor their own health care. Everyone should realize that doctors can make mistakes, that doctors are in the business of medicine to make a profit and that some doctors choose to operate in a careless and reckless fashion. While there are countless caring doctors, this case highlights those helpless individuals who pay the ultimate price as a result of the negligence and carelessness of a primary care doctor.

As Orlando Medical Malpractice Lawyers, we have been involved in many wrongful death cases and continue to try to raise awareness of the flaws in our health care system and theneed for patients to carefully choose their doctors.

Medical Malpractice continues, but doctors and hospitals are protected by medical malpractice caps on pain and suffering awards and other medical malpractice reforms. These medical malpractice legal reforms have dramatically impacted lawsuits by patients against doctors and hospitals. As Orlando medical malpractice lawyers, we see that patients who suffer injury and death at the hands of careless doctors and hospitals have a more difficult time to obtain a just result.

Indeed, a study published by Obstetrics & Gynecology boasts that the total number of lawsuits filed against doctors has dramatically diminished. By successfully attacking medical malpractice lawyers, laws have been changed to eliminate a patient’s right to be fully and fairly compensated for horrible injury and death resulting from medical malpractice. Sadly, if a doctor fails to pay attention and amputates an otherwise healthy leg, he can no longer be held to fully account for his grievous medical mistake. His patient’s rights have been taken away from the efforts of the powerful medical malpractice insurance industry.

It is unfortunate that patients must give up their rights rather than encouraging doctors and hospitals to commit less medical malpractice. Yet, it is because a future medical malpractice victim or family members do not know who they are, so few people think it important to protest the elimination of patient rights. The terrible moment of realization occurs when legitimate victims of medical malpractice find out that the medical malpractice laws directly affect them. Few people really understand the many changes that have taken place to prevent patients from holding their careless doctors accountable for needless harm and losses.

As a medical doctor/lawyer, Walter Ward has represented Orlando medical malpractice clients for more than 35 years. Over that time, he has seen medical malpractice lawyers representing doctors and hospitals invent dozens of excuses in an effort to distract juries from the medical misconduct involved. As Orlando medical malpractice lawyers, our clients can only receive a fair trial by exposing these defense tactics.

In medical malpractice cases involving a failure to properly diagnose and treat heart disease the hospitals and doctors will try to focus the jury on the patient's bad habits. Most people do not lead the perfect, healthy lifestyle. Whether it is fast food, too much food or smoking, chances are that a patient may have contributed to the development of heart disease.

Of course, how someone develops heart disease is not relevant to whether the doctors or hospital provided the appropriate medical care. Yet, the lawyers who defend healthcare providers know that juries can be misled by focusing on the patient's lifestyle. Unfortunately, unless the patient has a medical malpractice lawyer who knows how to take on this tactic head-on, there is little chance for the jury to address the real issues in the case. The patient's lawyer must be there to shine the light of truth on these defense tactics.

Plastic surgery was once available only to the wealthy, but has become more common as costs have dropped, procedures have become less invasive, and outpatient facilities have made them affordable to the masses. For some, loans make the procedures even more attainable. Plastic surgeon’s websites often represent that patients may be pre-approved for financing with a low-interest monthly payment plan. Last year, 13.1 million cosmetic procedures were performed in the United States. According to the American Society for Plastic Surgeons, this represents a 77 percent increase since 2000. As Orlando medical malpractice lawyers, we are concerned that fewer people recognize the danger in cosmetic surgeries.

Yet, as Orlando injury lawyers, we know that patients must fully understand that plastic surgeries can result in horrible tragedies. In one case, a patient agreed to a two hour, outpatient surgical procedure on her breasts and buttocks. The patient remained in an anesthesia-induced sleep during the operation. The plastic surgeon carved five, half-inch "stab wounds" around the patient’s lower abdomen; and, two more incisions between her ribs. The surgeon then connected a vacuum to a thin tube and inserted it under her skin, suctioning more than 4,000 cubic centimeters of fat. The fat was purified and measured. The surgeon then made two more incisions above her tailbone and injected the fat into her buttocks to improve its shape.

Tragically, the injected fat entered the patient’s bloodstream and clogged her arteries. The surgeon had no idea what was happening. Rather, the anesthesiologist discovered the patient’s heart had stopped beating. Despite efforts to resuscitate her, she passed away.

Plastic surgery can result in serious injury and death. A 2008 study published in the medical journal Plastic and Reconstructive Surgery found the mortality rate for surgeries performed in outpatient facilities was two deaths for every 100,000 procedures. Before anyone agrees to a cosmetic procedure, they should investigate the surgeon and the facility thoroughly.

As Orlando medical malpractice lawyers we applaud the work by the premier medical journal and editors of the New England Journal of Medicine. These medical doctors submitted a friend-of-the-court brief in an upcoming Supreme Court case involving Wyeth Drug Company. In the doctors' brief they supported an individual's right to sue careless drug companies even when the drug company satisfies the minimal rules of the Federal Drug Administration.

The medical doctors explained that the Federal Drug Administration, by itself, cannot guarantee drug safety. The doctors wrote that state-level lawsuits are "a vital deterrent" to help protect consumers against drug makers that do not disclose all risks associated with a treatment.

In the case, Wyeth v. Levine, Diana Levine, a Vermont musician who lost her arm after receiving the nausea drug Phenergan, claims that the drugmaker did not adequately disclose the drug's risks. A Vermont court ruled in her favor, awarding her $6.8 million. Wyeth has appealed the ruling and argues that because FDA weighed the risks and benefits of the drug and approved it, the company is not liable -- a legal doctrine known as pre-emption. The Supreme Court case will "test this legal doctrine ... for prescription drugs."

The editors of the national medical journal note that 23 FDA-approved drugs have been withdrawn from the market since 1997 because of safety risks. As Orlando medical malpractice lawyers who understand the need to keep drug makers honest for the good of all consumers, we applaud the position taken by these prominent medical doctors.

Facial weakness, slurred speech, the worst headache ever experienced are hallmark signs and symptoms of a stroke. Few people would need a medical degree to know that anyone with those complaints needs to get to a hospital without delay. Yet, as Orlando medical malpractice lawyers we have seen patients arrive in emergency departments with these conditions only to be told that they are fine.

Even more amazing, patients with classic signs and symptoms of a stroke or other type of cerebral vascular accident have undergone testing that reveals serious abnormalities and they too have been discharged from the hospital. Yet, how can this happen in Orlando hospitals? Sadly, too many healthcare workers do not realize the importance of being entrusted with the health and well-being of their patients. It is too easy to get into the mindset of treating people as numbers. This is especially true when hospitals do not adequately staff their facilities or provide sufficient supervision.

Is there any excuse for an obvious stroke patient being neglected? Sadly, when even the most obvious cases of medical malpractice happen, the hospitals and doctors involved rarely admit fault. Instead, the hospitals and their teams of medical malpractice lawyers create excuses and try to avoid being held responsible for the needless injury and death that results.

Medical doctors, hospitals and researchers continue to make new advances. Unfortunately, for each step forward in patient care, medicine takes a step back due to medical malpractice. As Orlando medical malpractice lawyers, we know mistakes happen. But many medical errors are preventable, and many tragic consequences need never happen. The statistics are stunning: A landmark 1999 study found that every year, some 98,000 hospital deaths are due to medical errors. A follow-up study in 2006 revealed that medication errors alone harm 1.5 million patients each year.

While we have helped many victims of medical error, it would be far better for doctors and hospitals to prevent medical malpractice in the first place. There are many types of preventable medical errors. Patients themselves can help by learning to be more vigilant in questioning a doctor’s treatment. By understanding the most common errors, patients can play an important role in avoiding unnecessary injury.

According to recent information, the most common types of medical malpractice include: Misdiagnosis; Wrong-Site Surgery; Medication Errors; Failure to Monitor Patients Properly After Treatment; Delay in Treatment; Inadequate Follow-up After Treatment; Failure to Take a Proper Medical History Before Treatment; Failure to Act on Test Results; Failure to Use Standard Tests Appropriate to the Circumstances; Technical Errors; and, Communication Errors.

Patients need to ask their health care providers questions about their care and recovery. Awareness won’t prevent medical malpractice, but it can help reduce it and hopefully keep you and your family safe.

If you need assistance after an Orlando car accident, do what many have already done: Order a free copy of the Florida Car Accident Book, Seeking Justice: An Insider's Guide for the Injured. If someone has been involved in an accident, it is a great place to start.

If someone is considering surgery, the experience of the surgeon would certainly be an important concern. Few people would want a surgeon who had never performed the same surgery. No one would want to be the surgeon's first patient to undergo a particular operation. As Orlando medical malpractice lawyers, we believe that patients and families would want to have a medical doctor who is also a lawyer represent them in medical malpractice cases.

Unfortunately, when medical malpractice strikes few people know where to turn. Even fewer people realize that there are lawyers who are also medical doctors who handle medical malpractice cases. Yet, what better advantage could a patient have than to have a lawyer who is licensed as a medical doctor. Dr. Walter Ward has a distinct advantage to be able to confront the doctors involved by going into the case with a complete understanding of the medical issues involved. Obviously, it is much more practical when a lawyer has first hand experience as a medical doctor who was educated and trained from the standpoint of the doctors who are responsible for the medical malpractice.

When selecting an Orlando medical malpractice lawyer hiring one that is a medical doctor/lawyer should bring a higher level of confidence. These cases are complex and can be lost if the patient's lawyer does not understand the medicine involved.