This should shock you: More people die from medical malpractice than auto accidents, breast cancer and AIDS combined.

Despite that, few claims are ever filed because victims and their families are never advised of the malpractice. Indeed, some physicians and hospitals go beyond simply not informing victims to outright cover-up of the malpractice.

Occurrences of medical malpractice may not be obvious to the average person. Accurate identification of medical departures requires a review and analysis by attorneys who are familiar with medicine along with the appropriate medical experts. That's why we created this site.

Mistakes, Ignorance and Negligence

Some doctors cause harm through their mistakes, ignorance, negligence, lack of skill and misdiagnosis. Medical malpractice is the result of a health care provider's failure to provide the expected standard of care. In November 1999, the Institute of Medicine (IOM) released a report estimating that as many as 98,000 patients die each year as a result of medical errors in hospitals. Compound this number with the unreported mistakes made in other healthcare settings (physicians' offices, urgent care centers, nursing homes, pharmacies and home care) and the magnitude of medical malpractice becomes staggering. In addition to the high-costs of medical mistakes in terms of lives and quality of life, our nation pays an estimated $17 billion per year in costs due to preventable errors.

Healthcare professionals are only required to give a standard of care that is ordinary or normal. When a physician is determined to be negligent, it means that he or she has failed to use the same degree of skill and learning, under the same or similar circumstances, that are used by other members of the medical profession. Some of the most common ways that medical malpractice occurs is through failure or errors in timely diagnosis and ordering appropriate treatment, ordering necessary tests and proper medication, consulting with specialists; and surgical procedures. 

Leading Types of Claims

While it is impossible to provide a comprehensive list all of the types of malpractice claims, here's a list of the leading types of claims: 

• Wrongful death
• Birth defects or injuries
• Hospital, physician, and nursing negligence
• Misdiagnosis
• Nursing home injuries and elder abuse
• Pharmaceutical errors

If your attorney is able to prove your medical malpractice case and the medical provider is found negligent, then you are entitled to recover "damages." Damages are intended to help you return to the condition you were in prior to the injury. There are several forms of damages that you may recover in a medical malpractice award - economic (for lost wages or medical expenses), non-economic (for pain and suffering), or punitive (to punish reckless behavior) damages. You may also receive compensation for future medical expenses and loss of future earnings. Punitive damages occur only in rare cases when it is proved that the medical practitioner had malicious intent.

Medical malpractice claims are one of the most difficult areas of litigation, since the negligent action must be documented and proven within specific guidelines. Only a skilled medical malpractice attorney has the experience and resources to thoroughly investigate and validate your case. The expert medical litigation attorneys of Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. can help prepare your medical personal injury claim, wrongful death suit and any other lawsuit where a healthcare practitioner may have caused you harm.

At Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A., we are on your side. We can help you make informed decisions about your medical malpractice claim. We have a highly trained and experienced team of medical malpractice attorneys with a proven record of significant settlements and verdicts. Whether it involves determining the true cause of death, exposing fraudulent records or having the financial resources to fund your case, the firm will obtain maximum value for your claim.

Contact us today in Orlando at (407) 381-4123, or in Kissimmee, (407) 846-2240, or via our online contact form. We offer free consultations in your home, at the hospital or in our offices. There are no fees or costs unless we win.

5. How does a jury determine if a doctor's actions were within the standards of good medical practice?


6. I signed a consent form before my doctor performed surgery. Do I still have a case?


7. What do I do if I think I have a medical malpractice claim?


8. What if I'm just not satisfied with the results of my surgery?


9. My doctor made a mistake and admitted it. Do I have a malpractice case?