Medical Negligence Litigation
Ted Babbitt has decades of experience holding medical professionals and institutions accountable for their mistakes or wrongdoing.
Award Winning Medical Negligence Litigation Attorney
Medical malpractice occurs when a health care provider (or a hospital) fails to render care that is in keeping with accepted medical techniques and principles. In other words, they fall below the reasonable standard of care for a given situation. Generally, this occurs when a doctor, nurse, or technician does something that is not in keeping with good practice, or fails to do something necessary for the patient's care.
Cases are handled on a contingent fee agreement. This means that should you recover an award or settlement, Ted's costs in developing the case are deducted from that. If you don't recover, you don't repay. The risk is Ted's. He takes it because of his belief in his abilities - and your case.
For a FREE consultation, call (561) 375-2841. Ted has an office in West Palm Beach, Florida, and represents clients throughout the nation.
What is Medical Malpractice?
Medical malpractice occurs when a health care professional, such as a nurse or doctor, fails to provide a certain standard of care to a patient, resulting in harm, injury, or death. You must meet a few criteria to build a successful medical malpractice case, including:
- Failure to provide a certain standard of care
- Harm or injury resulting from negligence
- The injury does considerable damage (this could be constant pain, a substantial loss of income, suffering, or enduring hardship)
About Medical Malpractice Cases
Errors by professionals in the medical field can happen in almost any setting, and you can bring a malpractice case if those injuries are serious. To have a solid medical malpractice claim, you must be able to prove your medical malpractice injury is the direct result of a medical professional’s failure to act within the standard of care.
Doctors are not responsible for a medical accident unless they deviate from acceptable medical standards. To determine whether a doctor was negligent by deviating from the standard of care, experts in the doctor’s specialty must testify, under oath, that the doctor’s conduct fell below the care that would be deemed acceptable under the circumstances under which the patient was treated.
Types of Medical Malpractice
“Medical malpractice” is a general term that refers to one of many specific types. From surgical errors to misdiagnoses, let’s look at different forms medical malpractice can take.
Medical and Hospital Negligence
Medical (and hospital) negligence refers to a situation where a healthcare professional believes that they act in their patient’s best interest but provide care that results in harm or injury.
If a different “reasonably prudent” doctor would have done things differently, the healthcare professional in question may be guilty of medical negligence.
While all surgeries entail some level of risk, a surgeon is guilty of medical malpractice if they make an error that could have been prevented if they had followed the standard of care. For example, if a surgeon operates on the wrong body part, leaves a sponge inside the body, or cuts in the wrong location, they have not provided a proper standard of care.
This can refer to injuries sustained by a mother, a child, or both during the delivery. Acts of negligence may result in an injury to a mother or a child during this process, but wrongful birth is another factor to consider. Wrongful birth occurs when a doctor fails to inform parents of imminent or possible physical or mental congenital disabilities that would have made the parents avoid or end the pregnancy.
Some medications come with side effects, but a doctor can also make serious medication errors that result in a malpractice lawsuit. If a doctor prescribes the wrong dosage or medication, or fails to check a patient’s drug allergies or conflicting medications, they may be guilty of malpractice.
Misdiagnosis of a Heart Attack
If a doctor misdiagnoses your heart attack as acid reflux or heartburn, you should speak to a lawyer. Heart attacks are commonly overlooked or misdiagnosed as other minor worries, resulting in serious injury or death.
Delayed Diagnosis/Misdiagnosis of Cancer
Delayed diagnosis refers to a situation where a doctor does not diagnose a patient within a reasonable amount of time. This can lead to weeks, months, or even years passing without obtaining the proper treatment, which can cause untold harm and suffering.
Plastic Surgery Malpractice
As plastic surgery is a choice, you may think that a surgeon cannot be held accountable for mistakes they make. Thankfully, this is not true. If a surgeon does not maintain a proper standard of care and a patient experiences scarring, nerve injuries, or infection, the surgeon may be guilty of malpractice.
Several of the examples above could lead to wrongful death, including misdiagnosis of a heart attack and delayed diagnosis of cancer. In the simplest terms, if a doctor fails to diagnose a patient or does not provide a proper standard of care and the patient dies, there may be a case for wrongful death.
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– J. Perry, Client