FACTS ABOUT MEDICAL MALPRACTICE IN FLORIDA

Medical errors kill between 44,000 and 98,000 Americans every year. This is the 8th leading cause of death in America, higher than AIDS, automobile accident and breast cancer. Nevertheless, insurance companies would like you to believe that the rights of medical malpractice victims should be reduced. Their propaganda includes claims of frivolous lawsuits, huge payouts on medical malpractice claims, rising health care costs and the fear of doctors leaving the State of Florida all because those injured at the hands of medical malpractice are exercising their rights.

• What do the facts show? Those trying to limit the rights of victims of medical malpractice are simply wrong. Here are some of those facts:

• In Florida, the average malpractice insurance premium dropped by approximately 40% when adjusted for inflation from 1988 to 1998.&

• Malpractice premiums are not driving up health care costs. In 1998, medical malpractice premiums account for less than 1% of total health care costs in Florida.

• According to the National Practitioner Data Bank, Florida is ranked 21st in the nation for average settlement to victims. Many victims end up with little recovery or no recovery because of the tremendous burden of proof placed on the Plaintiff in medical malpractice cases.

• Contrary to the belief that every bad medical outcome results in a lawsuit, only 1 in 8 patients with serious negligent injuries and 1 in 25 total patients with negligent injuries ever receive compensation.

• There is no evidence that doctors are leaving Florida. In fact, there were 40% more doctors per capita practicing in Florida in 1999 than there were in 1980.

In light of these facts, now is not the time to make life more difficult for those who have become victims of medical malpractice. It is vitally important to the safety of all Florida families that those people who have been injured by a medical error should be able to receive compensation for their injuries and assistance in their recovery.

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Medical mistakes may kill up to 98,000 hospitalized patients each year according to a report by the Institute of Medicine.  Hundreds of other patients are injured or killed by medical mistakes outside of the hospital care. 

• A few common patterns of medical carelessness include:

• Failure to diagnose a condition or to timely diagnose a condition;

• Failure to treat a condition properly;

• Failure to order necessary tests;

• Failure to monitor or observe the patients.

When medical carelessness occurs, there is no legal requirement that a patient be told.  Left hidden, medical mistakes leave the patient and family members lost without answers to what went wrong.  Often times, the truth is not discovered without the thorough investigation by an attorney.

If you suspect that medical carelessness occurred to you or a loved one, you should consult with our attorneys.  We will evaluate the medical records and, if warranted, obtain the services of the necessary experts. 

Florida law has several provisions that need to be carefully considered prior to filing a medical malpractice claim, including a time limitation when a lawsuit must be filed.  Therefore, if you feel that you or a loved one has been a victim of medical carelessness, you should contact our office immediately.