Medical Malpractice
When taking on doctors, big hospitals and insurance companies, the truth isn't enough. If you think you have an open-and-shut case of medical malpractice, you're probably wrong. It takes a lot more than that because you're up against doctors and hospitals who have reputations to protect and deep pockets to cover every angle of a case. The only way to win is to fight fire with fire. Call the lawyers at The Rogatinsky Law Firm to speak with our medical malpractice attorneys.
Dealing with medicine is not a black and white issue. It's technical and complicated and it takes a team of educated and proven professionals to present your side of the case. We're here to help. If you or someone you love has been the victim of medical malpractice, it's time to get to work. Call us now - our team of Florida medical malpractice lawyers will take on big hospitals, insurance companies, even physicians employed by the federal government under the Federal Torts Claim Act. Remember, doctors will fight tooth-and-nail to save their reputations. You need someone who'll do the same for you.
Surgical Injury
There are inherent risks in any surgical procedure, but in cases of medical negligence a patient is harmed specifically because of a surgeon's mistake. Surgical injuries may include: operating on the wrong side or area of the body, performing a procedure incorrectly, not taking a patient's health history into consideration when choosing to perform a procedure, using improper equipment, and leaving surgical instruments inside a patient following a procedure. If you or a loved one has been injured during surgery because of medical malpractice, please contact our medical malpractice attorneys today.
Hospital Negligence
Hospital negligence can range from providing sub par care to maintaining unclean or dangerous facilities. For example, a nurse or doctor may provide negligent care for a patient by failing to obtain a medical history, ordering appropriate tests, or delivering necessary care. Other hospital personnel might be negligent by failing to properly sanitize medical equipment or properly prevent people's exposure to hazardous materials.
Cancer Misdiagnosis
One of the world's most deadly and widespread diseases, cancer is always serious. However, for most types of cancer, the earlier a diagnosis is made, the greater the patient's chances of successful treatment and survival. The misdiagnosis of cancer is a serious form of medical malpractice, because it delays treatment and potentially allows the patient's cancer time to spread. Unfortunately, physicians sometimes fail to order appropriate tests or misread their results. They may misdiagnose a lump or tumor as benign when it is in fact malignant. It is important for victims of cancer misdiagnosis to contact one of our medical malpractice lawyers for legal assistance.
Birth Injuries
Birth trauma refers to a collection of injuries that can occur just before, during, or immediately following birth. Birth trauma injuries include cerebral palsy, Erb's palsy, shoulder dystocia, and brain damage. Birth trauma can occur when the flow of blood (and thus of oxygen) is inhibited during birth. When this occurs, the attending physician must act quickly to prevent permanent injury. Special techniques or caesarian may be necessary. When the physician fails to act appropriately during a birth trauma situation, he or she may be guilty of medical negligence. Because the results of birth trauma injuries are often devastating to families both emotionally and financially, the law seeks to protect victims. If your child has been the victim of a birth trauma injury, lawyers at The Rogatinsky Law Firm can help.
Medication Errors
A specific medication may be improper for a particular patient for a number of reasons: it is not intended to treat the condition the patient has; the patient have previously been found to have an allergy to it; the patient has a medical condition (such as congestive heart failure or liver problems) that should preclude them from using it; or the patient is taking another medication that should not be taken in combination with it. Improper medications can lead to serious health problems or even death.
Failure to Diagnose
No ailment can be properly treated unless it is first identified. Diagnosis is the first and, arguably, the most important step in treatment. Unfortunately, the failure to diagnose a condition, be it cancer or high cholesterol, occurs too frequently. When the problem is finally determined, it may be too late for proper intervention. The failure to diagnose a condition is a form of medical negligence.
Cerebral Palsy
Cerebral palsy, or CP, is a muscle control disorder that occurs when the part of the brain known as the cerebrum is damaged. Patients with cerebral palsy have difficulty controlling their movements and may have visual, auditory, and speech impairments as well as learning disabilities. Motor skills are limited and seizures can occur in some cases. Cerebral palsy usually occurs around the time of birth and can be caused by medical malpractice. In some cases, a doctor may not recognize problems that can occur during labor or may fail to quickly and appropriately respond once a problem is identified. If the doctor's negligent actions lead to a brain injury that causes cerebral palsy, he or she may be guilty of medical malpractice. Cerebral palsy is a permanent condition often requiring long-term medical care.
Frequently Asked Questions
Q: What is "medical malpractice"?
A: Medical malpractice is the failure of a health care provider, usually a doctor, to provide a patient with treatment equal to the customary standard of care in the medical industry. Further, this failure must result in an injury to the patient.
Q: What does "customary standard of care" mean?
A: This phrase refers to whether your doctor has exercised the same degree of care and skill as the average qualified doctor presented with the same or similar circumstances as your case.
Q: Is it medical malpractice if my treatment did not yield the result the doctor told me it would or that I thought it would?
A: Not necessarily. A bad outcome isn't medical malpractice unless it was caused by the doctor's failure to exercise the degree of care and skill of a qualified physician.
Q: How do I know if I have a medical malpractice case?
A: First, you must believe your doctor didn't treat you as skillfully, or with the same knowledge as the average qualified doctor would have under the circumstances. Second, you must have been injured or harmed in some way as a result.
Q: If I believe that I have been harmed by medical malpractice, what should I do?
A: Call The Rogatinsky Law Firm now. Our medical malpractice attorneys will help you determine whether you have a medical malpractice claim worth pursuing.
Q: How do you determine if the doctor has failed to follow the customary standard of care?
A: We hire a doctor experienced in the area of medicine of your claim. This expert doctor will review your medical records and examine you to evaluate your medical malpractice claim. The doctor will then advise our medical malpractice lawyers as to whether the standard of care has been breached and whether you have been harmed as a result.
Q: Will my medical malpractice case go to trial?
A: It depends. In years past, valid claims were settled without the need for a trial. Recently, most physicians have seen the legal system being abused by plaintiffs and have been less likely to settle.
Q: How long will it take to resolve my case?
A: The typical medical malpractice case takes between 1 and 2 years from the date the complaint is filed to get resolved.
Q: What should I do if the hospital has already asked about a settlement?
A: Contact us immediately. Chances are if the hospital seeks a settlement, it's because they know their mistake could cost them big if taken to trial. Without a medical malpractice lawyer, you have no idea what your case is worth and you could be settling for far less than you deserve.
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