Orlando Medical Malpractice Lawyer Blog

When medical malpractice strikes you or your family you must know how to hold the doctors or hospital responsible for the injury they cause. The Florida Medical Malpractice Book, Seeking Justice: An Insider's Guide for the Injured. explains what to do if you believe you or a loved one has been a victim of medical malpractice. It also provides a solid method for injured people to find the right lawyer- one who The Florida Bar has certified as a medical malpractice specialist. For anyone injured in Florida, a Free copy of this book can be a great place to start.

Out of the 80,000 Florida lawyers- only 2 percent are certified as specialists in civil trial law, which includes medical malpractice. Everyone should understand that medical malpractice cases have many complex issues that lawyers who do not specialize may not be aware of. Unfortunately, if a lawyer does not know the important issues involved in medical malpractice cases, it is the client who will suffer.

Many people have asked why we are giving away such a valuable book. Well, we believe that people deserve to be treated fairly. Over the past 20 years, we have seen too many decent, honest people taken advantage of by doctors, hospitals and insurance companies after medical malpractice happens. This book gives injured people a fighting chance right from the start-Before it is too late.

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While there are more than 80,000 lawyers in Florida, there are only a small number of lawyers who specialize in medical malpractice law. Most people may not be aware that the Florida Bar has certified lawyers less than 2% of Florida lawyers as specialists in civil trial law which includes medical malpractice. In addition, there are even fewer Florida lawyers who are also a licensed medical doctor.

As Orlando medical malpractice lawyers, we offer both a board certified trial lawyer and a medical doctor/lawyer. Along with a critical care registered nurse who serves as medical case manager, clients receive the medical and legal expertise necessary to take on the "medical giants." People should understand what they are up against when they are considering a medical malpractice lawsuit. No other area of law may be as complex and confusing when it comes to seeking justice for injury or death.

Unless the patient has a medical malpractice lawyer with a long track record of success in dealing with these tactics, the patient may not even have a fighting chance for a just result. Indeed, we believe so strongly that the selection of a medical malpractice lawyer may lose the 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.

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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.

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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.

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Medical doctors are trained to understand that many medical conditions have similar signs and symptoms. While in medical school doctors learn the most careful method to determine. To do so, medical students are taught to list all possible medical conditions that could be causing the patients complaints. The list should begin with the most serious conditions and move down to the least harmful and least likely.

This list of possible causes for a patient's complaints is called a "differential diagnosis." Once the differential diagnosis is thoughtfully prepared, the doctor must carefully consider each potential illness on the list. As the doctor goes down the list each medical condition must be rule out one at a time. 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 fail to prepare a differential diagnosis. Too often doctors make careless assumptions. 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 the doctors or hospitals take responsibility for the needless injury or death. Rather, the medical malpractice lawyers hired by the doctors and hospitals try to avoid any discussion of the need to do a differential diagnosis. Unless the patient's lawyer focuses on the importance of the differential diagnosis the defense may succeed in making the case appear complex and confusing.

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Florida Hospital, owned by the Adventist Healthcare System and Orlando Regional Healthcare Systems have committed medical malpractice and inflicted injury on many members of our community. As Orlando medical malpractice lawyers, we fight to hold careless healthcare providers responsible for the injury and death they cause. Over the past twenty years, we have aggressively fought deceitful tactics in medical malpractice lawsuits.

Few people hear about the dirty tactics and healthcare retaliation involving Florida Hospital and Orlando Regional Healthcare Systems. The website, HealthcareRetaliation.Com provides a horrifying illustration of a broken healthcare system. Based on an actual case tried in Orlando, Florida, this website takes the viewer through one of the most egregious examples of deceit, retaliation and corporations trying to protect their profits and “business as usual.”

From our work, we learned that the healthcare providers involved are not interested in the truth; but, will instead do all that they can to avoid responsibility for injury and death to patients. These healthcare providers aggressively seek to blame the patient and hide evidence of wrongdoing.

Anyone who has suffered injury or retaliation at the hands of healthcare providers needs attorneys who know how to fight back. To better understand what you are up against, we have written a book, Seeking Justice: An Insider’s Guide for the Injured. It details the steps in a medical malpractice claim and the many defenses that Florida Hospital and Orlando Regional Healthcare Systems employs. Order your free copy now.

Healthcare provider fraud, deceit and retaliation must be fought at all costs. Patients and innocent employees of healthcare providers deserve such efforts. We will continue to expose healthcare wrongdoing and fight to bring the truth to light.

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At Orlando Regional Medical Center, Florida Hospital South and other local hospitals, patients and family members must remain vigilant to avoid injury or death by medical malpractice. Preventable medical errors kill and seriously injure hundreds of thousands of Americans every year. As Orlando medical malpractice lawyers, we believe that any discussion of medical negligence that does not involve preventable medical errors ignores this fundamental problem. And while some interested parties would prefer to focus on doctors’ insurance premiums, health care costs, or alternative compensation systems—anything other than the negligence itself—reducing medical errors is the best way to address all the related problems. Preventing medical errors will lower health care costs, reduce doctors’ insurance premiums, and protect the health and well-being of patients.

The Institute of Medicine’s thorough study of preventable medical errors estimated as many as 98,000 people die every year at a cost of $29 billion. If the Centers for Disease Control were to include preventable medical errors as a category, these conclusions would make it the sixth leading cause of death in America.

Further research has confirmed the extent of medical errors. The Institute for Healthcare Improvement estimates there are 15 million incidents of medical harm each year. HealthGrades, the nation’s leading healthcare rating organization, found that Medicare patients who experienced a patient-safety incident had a one-in-five chance of dying as a result.

Disappointing to most people we represent is the fact that these hospitals and doctors seek to avoid responsibility for their errors and the devastating harm they cause. However, with all the laws making it more difficult for patients to hold hospitals and doctors accountable, very few medical malpractice cases settle. Usually, the only way to hold those who commit medical malpractice accountable is to go to trial.

As Orlando medical malpractice lawyers, we have developed successful approaches to this complex area of law. Dr. Walter Ward is one of the few lawyers in Florida who is also a medical doctor. As a medical doctor and lawyer he brings unique training and experience to examination of the medical doctors and hospital personnel involved in our clients' malpractice.

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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.

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When doctors prescribe medication most people assume it is safe. Parents usually give little thought when pediatricians order antibiotics medication for their children. Unfortunately, as Orlando medical malpractice lawyers, we have seen too many people trust their doctors to the point where serious injury or death results.

In today's healthcare market, thorough medical visits, safety checks and proper documentation can no longer be assumed. With medical practices trying to increase profits and health insurance paying less for medical services, less time is spent with patients. Too often this leads to errors in medication. For example, when a patient tells their doctor that they are allergic to penicillin and the doctor or hospital fails to document that, a fatal mistake can occur. While this happens on a regular basis, few people want to believe this.

When pediatricians prescribe powerful antibiotics it is necessary to order blood tests to monitor the level of the antibiotics. If the concentration of the antibiotic is excessive it can cause kidney damage. Who would believe that pediatricians would forget to order the blood tests? Yet, we have seen this happen with fatal results. Times have changed and healthcare consumers must take action to protect themselves. Do not be afraid to ask questions and make sure that all allergies are documented.

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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.

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In 2003, the Florida Legislature placed limits on medical malpractice damages. As Orlando medical malpractice lawyers, we have found that these limits hurt three groups of patients more than others. Stay-at-home moms, children and the elderly will receive far less for their injury from medical malpractice.

For these groups the limits on medical malpractice damages mean that many will never be fairly compensated for the harm caused by Orlando Regional Medical Center, Florida Hospital Orlando or other health care facilities. Sadly, the hospital and medical associations convinced law-makers that healthcare providers should be treated differently when they recklessly cause injury or death.

Joined by the medical malpractice insurance industry, the hospitals and medical associations have stripped away many rights of Florida patients. No longer can any patient be treated fairly when it comes to assessing the horrible losses caused by medical malpractice. How did this happen? It happened because few people think about this unfairness until medical malpractice hits home.

We must explain to our clients and to those that seek our help, that when it comes to medical malpractice, the field is not level. The medical associations, the hospitals and the malpractice insurers have stacked the deck against the patient and their family. Without a medical malpractice specialist or a medical doctor-lawyer, people may have little chance for a successful outcome.

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As Orlando medical malpractice lawyers, we understand that individuals and families turn to us when a doctor or hospital has betrayed their trust. We have achieved record results in Orlando medical malpractice trials by talking truthfully with our juries. We believe justice can only be obtained by dealing openly and honestly with opposing counsel, the court and the jury. Unfortunately, there are medical malpractice lawyers who fail to understand the importance of following these principles.

Over the past 20 years we have seen lawyers fail to address important and complex issues in medical malpractice cases. Lawyers who choose to ignore or run away from challenging and difficult issues risk disaster for their medical malpractice clients. Jurors want to do what is right. However, it is the patient’s lawyer who must help the jury by providing all of the necessary information.

The doctors and hospitals have teams of lawyers who are paid to try to prevent the jury from hearing or understanding the "whole truth." Indeed, these defense lawyers try to desperately get even meritorious medical malpractice cases thrown out before trial. Defense lawyers focus on creating ambiguity, confusion and complexity in order to win. Truth has little to do with their approach to justice.

Without an experienced medical malpractice lawyer, the patient may never be in a position to receive a fair trial. Seeking Justice in medical malpractice cases requires a legal team that understands the medicine and the law. With a medical doctor and lawyer, a board certified civil trial lawyer and a critical care nurse on staff, we freely educate our clients and other lawyers on this complex area of law.

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