Hospital Negligence Lawyer Orlando, FL
Five Signs It Is Time To Call A Medical Malpractice Lawyer
A hospital negligence lawyer Orlando, Fl clients trust knows that people rely on their medical providers to take care of them when they are sick. We trust them to heal us. However, sometimes medical providers harm patients. Medical malpractice is a term explaining a situation when medical professionals cannot meet the standard of care for medical practice and the result is a patient that is harmed.
Table Of Contents
- Five Signs It Is Time To Call A Medical Malpractice Infographic
- Can You Sue A Hospital For Negligence?
- Understanding Hospital Negligence Claims
- Needle & Ellenberg, P.A.
A misdiagnosis is when a medical provider fails to assign the correct diagnosis to your injury or illness and they would not have done so if they had adequate skill or took appropriate action. If the misdiagnosis results in a worsening injury or illness of the patient that would have been avoided if the diagnosis was correct, then a patient may be able to file a claim for damages. It is difficult to prove that the if the medical professional had provided an accurate diagnosis that you would have had a better outcome than the one that actually happened, however, a hospital negligence lawyer Orlando, Fl residents recommend may be able to help.
2. Unrelated Injury
If you receive an injury from treatment unrelated to the original reason you sought medical care, then you may be entitled to sue for damages. A hospital negligence lawyer in Orlando, Fl can evaluate your case and determine what type of negligence occurred. A few examples of this situation include:
- Operations or removals of the wrong organ or appendage.
- Suffering an injury under anesthesia unrelated to the medical procedure for which the anesthesia was administered for.
3. No Informed Consent
A doctor must inform their patient of any risks associated with treatment or a procedure before administering either, if you are aware and accept these risks, that is called informed consent. If you are not aware or do not understand the risks linked to the medical happenings, then you cannot make an informed decision about whether to go through with it or not. If a doctor does not inform you of a possible risk that later manifests, then a hospital negligence lawyer Orlando, Fl families turn to may be able to hold the doctor liable for damages on your behalf.
4. Medical Negligence
Medical negligence commonly occurs in situations where a treatment or procedure is recommended that is inappropriate for the injury or illness; or when the treatment or procedure is performed and fails to meet the standard of care. When an injury results, a patient may consider recovering damages.
5. Negligent Nursing
A hospital negligence lawyer Orlando, Fl locals recommend know that, in some cases, the medical care provider is not the one who causes injuries, sometimes it is due to the negligence of the nursing staff that cares for the patient before and after a treatment or procedure. It can occur if medication is administered improperly, or the dosage of the medication is incorrect. It can even happen through a failure to pay close attention to the needs of a patient in recovery.
Even if a procedure was performed perfectly, any care before and after could result in an injury.
If one or many of these situations happened to you, then you should hire an experienced Orlando hospital negligence lawyer specializing in medical malpractice. An hospital negligence lawyer Orlando, Fl provides is your best asset in such a case and can help you gather expert testimony proving that your medical care provider is liable, negligent, and that you deserve compensation from any damages as a result.
Five Signs It Is Time To Call A Medical Malpractice Infographic
Can You Sue a Hospital for Negligence?
A hospital negligence lawyer Orlando FL residents trust may tell you that suing a hospital for negligence can be tricky. Hospitals aren’t always responsible for the actions of their doctors, nurses, and other care providers, which could make cases complicated. Listed below is some information that may help you determine if you have a case, but an ideal option may be to contact a hospital negligence lawyer in Orlando FL to review your case.
What is Hospital Negligence?
The term hospital negligence refers to a scenario where a hospital is considered negligent because of the care, or lack of care, that the institution and/or its employees provided a patient.
When someone is negligent, it means they are guilty or characterized by neglect. To neglect something is to be remiss in the care or treatment of someone or something.
Are Doctors Hospital Employees?
Your Orlando hospital negligence lawyer may tell you that the answer to this question is essential to your case. If the doctor and other care providers who were negligent aren’t employees of the hospital, you might not be able to sue the hospital for medical negligence.
Doctors are often considered independent contractors rather than employees. A hospital negligence lawyer Orlando FL residents depend on may investigate whether your doctor is an employee of the hospital or is an independent contractor.
Hospitals Are Responsible for Employees
If the doctor or other care provider is an employee of the hospital, the hospital may be held liable for that employee’s actions. Generally, medical technicians, nurses, and other support staff are employees while doctors may not be. A hospital negligence lawyer Orlando FL has to offer may tell you that if the hospital employee was doing a job-related task when they caused your injury, you might sue the hospital for damages.
If the doctor isn’t an employee of the hospital, then it’s more likely that the hospital can’t be sued but the doctor can. If an employee of the hospital is medically negligent while under the supervision of the doctor, the doctor might also be sued in this case. Working under a doctor means that the doctor was in the room or that the doctor could have prevented the negligence. All of this can get tricky, which is why it may be in your best interest to find a hospital negligence lawyer in Orlando FL to help with your case.
When You May Be Able to Sue a Hospital for a non-employee’s Actions
There are some cases in which you may be able to sue a hospital for an independent contractor’s actions if they caused your injury. These cases can be complex, but if you work with a hospital negligence lawyer Orlando FL can provide, they may be able to build this case for you.
It appeared that the doctor was an employee of the hospital. If it’s not clear that the doctor is an independent contractor, you may be able to hold the hospital responsible for the doctor’s actions. Patients are usually informed in the admission papers on the doctor’s employee status.
The hospital doesn’t fire a dangerous or incompetent doctor. The hospital is responsible for firing both employees and independent contractors if they become dangerous or incompetent. If a hospital fails to do this, they may be held liable for the doctor’s actions even when the doctor is an independent contractor. Learn about What kind of damages can I recover from medical malpractice?
Understanding Hospital Negligence Claims
The concept of hospital negligence is rather broad and encompasses nearly every type of careless act or error that could be made by a healthcare practitioner. Laws vary from state-to-state and often use medical terminology, which is why it’s important to specifically turn to a hospital negligence lawyer Orlando, Fl can provide rather than a general practice lawyer. Claims are not limited to a doctor’s error, but can also include the mistakes of a surgeon, dentist, pharmacist, obstetrician, optometrist, and any other healthcare professional.
Not every medical error, complication, or adverse reaction can be considered negligence. As a hospital negligence lawyer Orlando, Fl relies on, Needle & Ellenberg, P.A., has the resources and knowledge to determine whether or not your injury was the result of medical error. If indeed this holds true, a claim seeking monetary damages may be filed. Some examples of hospital negligence might include:
- Surgical errors
- Birth injuries
- Medication errors
- Pharmacy/medication errors
- Postoperative infections
- Anesthesia errors
- Treatment delays
- + more
Are Doctors Hospital Employees?
While circumstances differ from one hospital to another, typically, doctors are not hospital employees. However, nurses, medical assistants, medical technicians, paramedics and hospital administrative staff, are usually hospital employees.
If an employee was performing a job-related task such as helping a patient in or out of bed, or performing a procedure which directly caused harm to the patient, the victim might have grounds for a claim. There are many scenarios in which a patient may be entitled to compensation because of hospital negligence. As a result, the need for a top Orlando hospital negligence lawyer is not unusual.
Orlando Hospital Negligence Statistics
According to Hopkins Medicine via Forbes Advisor, medical errors cause 251,000 deaths each year. Medical errors account for 9.5% of all deaths in the U.S. each year, making medical malpractice a leading cause of death. Medical malpractice is the third most common cause of death in the United States.
Understanding the Facts of Your Claim and Applying Them to Florida Laws
Even if the facts of your injury or accident are not entirely clear, a hospital negligence lawyer in Orlando, Fl might investigate the claim in further detail to gain a better understanding of what happened. Using this information, a lawyer may proceed with settlement negotiation or a lawsuit. Rest assured, Needle & Ellenberg, P.A. knows how sensitive these claims can be. If we are the right match, we may handle your claim in a compassionate, supportive manner and provide you the legal advice you’re looking for.
Needle & Ellenberg, P.A: Providing a Hospital Negligence Lawyer Orlando, Fl Families Depend On
Needle & Ellenberg, P.A is acutely aware of tactics used by insurance companies to contest hospital negligence claims. We are prepared to use our legal experience to defend you to the best of our ability. Through a diligent determination to protect your legal rights, it is our ambition to get you compensation you deserve. Because there is a statute of limitations to file a hospital negligence claim, it’s important you take action as soon as possible. To speak with a hospital negligence lawyer Orlando, Fl trusts, please call (305) 530-0000.
A top hospital negligence lawyer Orlando, FL community members recommend from Needle & Ellenberg, P.A. knows all too well that medical providers sometimes make mistakes. And sometimes those mistakes are life altering, or even deadly. It’s not unheard of for a patient to come home from a hospital stay in worse condition than before they went in for treatment.
Compensation for Your Injury
Medical problems are often stressful in addition to causing pain and suffering. This is because the sufferer usually also has to deal with medical bills, the loss of physical abilities, and/or the inability to work until or unless they heal. When their medical issue is compounded by a mistake caused by someone who was supposed to help them, it can be overwhelming.
While each person’s medical malpractice claim is unique, in some cases, the hospital might be held liable for injuring, or further injuring, a patient. A compensation claim may include any or all of the following, and this is not a complete list:
- Corrective surgery to address the medical mistake
- Postoperative treatment
- Physical and occupational therapy
- Follow-up physician visits
- Modifications to home or vehicle for disability access
You Have Legal Rights
If you have reason to believe that you or your loved one was seriously hurt due to medical malpractice, talk to a hospital negligence lawyer Orlando, FL victims of hospital negligence rely on. If someone close to you has died because of possible hospital negligence, a hospital negligence lawyer in Orlando, FL from Needle & Ellenberg, P.A. can help you make an informed decision about your next steps.
Needle & Ellenberg, P.A.
If you suspect you were injured due to hospital negligence, we may be able to help you get justice. We offer possible victims of malpractice a no-cost consultation. One of our attorneys can review your case and offer you the guidance you need. Contact us at Needle & Ellenberg, P.A. today to arrange a consultation with a hospital negligence lawyer Orlando, FL victims turn to for help.
How a Hospital Negligence Lawyer Orlando, FL Victims Trust Can Help
At Needle & Ellenberg, P.A., our hospital negligence lawyers provide informed and compassionate legal guidance for our clients who are victims of malpractice. We work with a skilled team of medical experts who can provide informed testimony on behalf of our clients. Hospital negligence cases are notoriously complex and require skilled lawyers for a successful outcome. Our legal team is proud of our track record and the many thousands of clients for whom we’ve recovered maximum compensation.
Contact a Hospital Malpractice Lawyer Today
Doctor malpractice cases can be complicated when they occur at a hospital, but you don’t have to figure it out alone. Call a hospital negligence lawyer Orlando FL residents turn to at the Law Offices of Needle & Ellenberg, P.A. at 877-810-2864 today.
Hospital Negligence Lawyer Orlando, FL
Florida’s Hospital Negligence Laws Demystified
As our Orlando, Fl hospital negligence lawyer explains, within the intricate web of legal frameworks in Florida, the provisions related to hospital negligence stand out as both highly critical and somewhat complex. It’s essential for patients, and their families, to understand the nuances of these laws when pursuing claims for harm suffered due to hospital errors or omissions.
Understanding Hospital Negligence
Hospital negligence is a subset of medical malpractice law, specific to mistakes and oversight by hospitals and their staff. While doctors and nurses are the most visible representatives of a hospital’s care, negligence can emanate from any corner, including administrative errors, improper maintenance of equipment, or inadequate training.
Florida law requires hospitals to provide a certain standard of care to their patients. This standard is typically determined by what a reasonably competent hospital would have done under similar circumstances. If a hospital fails to meet this standard and a patient is harmed as a result, the hospital could be held liable.
Unique Features Of Florida’s Legal Landscape
One feature distinguishing Florida from other states is its complex pre-suit screening process. Before a patient can file a lawsuit against a hospital, they must notify the hospital of their intent to do so. During this period, both sides are expected to gather evidence and consider whether the case can be settled without going to court. It’s a step designed to prevent frivolous lawsuits and ensure only valid cases proceed.
Moreover, Florida imposes a statute of limitations on hospital negligence claims. Generally, patients have two years from the time they discovered (or should have discovered) the injury to bring a lawsuit. However, there are exceptions and nuances to this timeline, making it imperative to consult with an Orlando hospital negligence lawyer promptly after suspecting negligence.
Compensation And Damage Caps
While victims of hospital negligence can seek compensation for a variety of damages, including medical bills, lost wages, and pain and suffering, Florida has instituted caps on non-economic damages in medical malpractice cases. The caps are meant to strike a balance between ensuring victims are compensated and preventing runaway jury awards that could destabilize the medical system. However, these caps have been a point of contention and subject to judicial review, making the landscape ever-evolving.
That said, cases with exceptionally egregious negligence or intentional misconduct might see these caps lifted, allowing for full compensation. Therefore, having an experienced lawyer who is intimately familiar with the nuances of the law is paramount.
Turning To The Experienced Professionals
While the laws surrounding hospital negligence in Florida are designed to protect patients, navigating them can be a formidable challenge. Engaging with an experienced legal ally like Needle & Ellenberg, P.A. can be the difference between a successfully resolved case and a drawn-out, unfruitful effort.
If you or a loved one believe you’ve been a victim of hospital negligence in Orlando, time is of the essence. Reach out to an Orlando hospital negligence lawyer to discuss your situation, understand your rights, and take proactive steps towards securing the justice you deserve. Your well-being and peace of mind are too important to leave to chance. Seek expertise, advocate fiercely, and ensure you’re not just another statistic in the complex world of medical malpractice.