The attorneys at Freedland Harwin Valori pride themselves on assisting medical malpractice victims in recovering financially as they rebuild their lives. Freedland Harwin Valori follows a client-focused approach, communicating with our clients through the medical malpractice litigation process and achieving the best possible outcome for each individual case.
Medical Malpractice Alive and Well in the USA
Just saying those two words invoke strong feelings and elicit spirited discussion. Those words also bring people to reveal personal stories of medical error or the stories of someone they love. From operating tools erroneously left inside patients’ bodies to operating on the wrong site (or even person) to a victim losing their life as a result of a medical procedure gone wrong, these medical errors are at an all-time high. In fact, one Institute of Medicine study revealed that hospital errors ranked between the fifth and eighth leading cause of death among patients. At the time the study was conducted, medical malpractice caused more deaths than that of HIV and breast cancer.
Over the years, authorities attempted to encourage the medical community to regulate itself. That didn’t work. The federal government has sought to do the same but with limited success. All of this has led to higher medical costs and substandard care. The result? More people, not fewer, have been victimized. Often, the first reaction of a victim or their loved one who has suffered at the hands of a medical professional is to file a medical malpractice lawsuit. Unfortunately, it is not that easy. Medical malpractice law is both specific and complicated. That is what makes it such a misunderstood (and sometimes maligned) practice area among so many in the general public.
What is Medical Malpractice: Cutting Through The Confusion
In order to clear up some of the misunderstandings as it relates to medical malpractice, it is necessary to understand a few terms. One term is “medical error.” One definition of medical error is “an inaccurate or incomplete diagnosis and/or treatment of a disease.” While this is an accurate description, it does not tell the complete story. Additionally, a medical error does not necessarily equate to medical malpractice. Medical malpractice is a legal standard and thus must be proven.
A workable definition of medical malpractice is “is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient.” In other words, it must be proven that the negligence occurred due to the violation of the normal, accepted procedures and protocols determined by the medical community.
The Wide Range Of Medical Malpractice Lawsuits
It is important to consult an attorney to see if you have a legitimate medical malpractice suit. Successful cases have been filed in the following areas:
- Child birth
- Delayed treatment
- Diagnosis errors
- Diet error
- Drug reaction
- Experimental therapy
- Heart surgery
- Inadequate medication
- Medical Devices
- Surgical infections
The Impact Of Medical Malpractice On The Economy And Healthcare
The debate regarding “tort reform” is currently raging once again as it relates to the rising cost of healthcare in the United States. In Florida, there are already tort reform laws in place that contain certain limits regarding settlements and attorney fees. It is important that individuals check the laws of their specific state regarding the scope and amount of settlements and attorney fees.
It’s unrealistic and naïve to believe that the medical community will police itself. And while we understand that human error is a part of life and in some cases might be acceptable, when it comes to the care of you and your family, it is not. For our part, we will continue to help in holding those accountable who misdiagnose, abuse, or make mistakes due incompetence, harm another person.
Your Next Step if You are a Victim of Medical Malpractice
If you or someone you know has been victimized, you should seek immediate legal counsel to determine your next step. Freedland Harwin Valori works on a contingency fee basis, which means that you pay nothing unless there is a recovery.
As experienced medical malpractice attorneys, we consult with medical experts in the appropriate field, cut through red tape and the maze of paperwork and provide advice on how to resolve your dispute without having to take your case to trial. This could save the time and emotional fatigue needed to battle in court. If no out-of-court settlement can be reached, we will be fully prepared to take your medical malpractice case to trial. Freedland Harwin Valori welcomes the opportunity to represent you in this most difficult of circumstances. Contact us for a free consultation.
Medical Malpractice Resources
American Medical Association – Information from the AMA on licensed physicians, including some 650,000 M.D.s
Profiles of Physicians Including Malpractice – One of the few sites that provide information about doctors with past malpractice actions
Medscape.com – The website for the leading provider of digital health records and online health information
QuestionableDoctors.org – Public Citizen’s page advertising their reference on “questionable doctors”
You can contact The Law Offices of Freedland Harwin Valori for a free consultation by calling 954-467-6400 954-467-6400 FREE , and toll free 1-888-254-7066 1-888-254-7066 FREE .