Articles Posted in Medical Malpractice


Unintentional injuries and mistakes made by medical health professionals are the fourth leading cause of death in the United States, accounting for 200,955 patient deaths in 2020 alone.

When we get sick, we go to a trusted physician for medical treatments and procedures that will improve our health, not worsen our condition. Sadly, numerous patients die every year in hospitals across the U.S. due to preventable medical errors. Lawsuits against doctors and hospitals alleging medical negligence vary by state, but annually there are about 85,000 medical malpractice claims filed each year.

surgery-gc07ec7002_1920-300x200Here are five medical malpractice facts that are less widely known, but should be something on everyone’s radar:

  1. Most medical malpractice claims arise from the misdiagnosis of an illness, injury, or disease. The most commonly misdiagnosed cancer is lymphoma as the symptoms associated with this blood cancer are also associated with less severe conditions.
  2. Medical negligence can happen at any time over the course of a patient’s care: during the diagnostic phase, during treatment, during a surgical procedure, through prescribed medications, and even during follow-up care.
  3. A good amount of medical malpractice cases stem from sexual misconduct from a medical professional, such as a doctor, nurse, or caregiver.
  4. One out of every three patients will be a victim of medical malpractice while in the hospital for treatment.
  5. One out of every 5 patients will be given incorrect medical dosages during their hospital stay.

What You Need to Know About Medical Malpractice Lawsuits

Anytime a person suffers harm because of a medical error, they can file a medical malpractice lawsuit for financial compensation for their lost wages, medical bills, ongoing treatment costs, rehabilitation and physical therapy, and pain and suffering.

In order for a lawsuit to be successful, there are 3 things that must be proven by your Medical Malpractice Lawyer in court. 1.) a physical or emotional injury must have been caused by a medical professional; 2.) sufficient evidence must be linked to the injury and the medical professional in question; 3.) a breach of duty by the medical professional must be demonstrated showing that a medical professional of the same education and training would have acted differently when faced with a similar situation. Continue reading



A California surgeon has been placed on probation for removing the wrong kidney from a federal inmate.

A surgeon at St. Jude Medical Center in Fullerton, California, accidentally removed a healthy kidney from a 59-year-old incarcerated male in 2012. According to reports, the doctor was supposed to remove a tumor-ridden left kidney from the patient, but left the CT scans of the kidneys back at the office.

5249211692_04bcf8eab8_zIn this case, and others like it, it is important for patients to know what a doctor is liable for when wrong-site surgeries occur. In this specific case, the California Medical Board found that the doctor “relied on memory to decide which kidney to remove,” and his discipline was three years of probation.

Doctors, lawyers, and many other types of professionals keep their licenses, or ability to practice their specialty, by abiding by certain levels of professional responsibility. In this specific case, the California Medical Board placed the doctor on three years of probation, meaning he can still practice medicine as long as he:

  • Completes a wrong-site surgery course
  • Notifies hospitals and medical facilities about his probation status
  • No longer supervises physician assistants

Again, in this specific case, if the doctor violates these terms, he could have his license revoked.

Continue reading


In 1999 the Institute of Medicine conducted a study showing that 98,000 people were being killed every year by preventable errors in hospitals. According to a new study by the Journal of Patient Safety, four times as many people are dying from preventable medical errors, as many as 440,000 a year.

Medical errors are now the third leading cause of death in the United States, beating out auto accidents, diabetes and everything else besides Cancer and heart disease.
Sadly, more than a thousand people a day are dying from preventable medical mistakes, including such grave errors as leaving a sponge inside a surgical patient, contaminated medical equipment and improper medication being injected.

When a patient is injured as a result of a medical mistake in Inverness, Crystal River, Dunnellon, Homosassa or the surrounding area, a Citrus County Medical Malpractice Attorney at Whittel & Melton may be able to file an injury lawsuit seeking financial compensation on his or her behalf. We can help injured patients recover maximum compensation for all damages including medical bills, lost wages and pain and suffering.

medical neg.jpgMedical malpractice occurs when a doctor, nurse or other health care professional strays from the accepted standard of care in the medical field. In order to prove that medical negligence has taken place, it must be demonstrated that the medical professional acted negligently and that this negligence resulted in an injury or wrongful death. At Whittel & Melton, our injury lawyers have handled numerous medical malpractice cases involving the following:

• Surgical Mistakes
• Improper Use of Anesthesia
• Misdiagnosis or Failure to Diagnose
• Child Birth Injuries
• Administration of Wrong Medication
• Infections from Botched Surgery
• Blood Test & Laboratory Errors
• Defective Medical Equipment
• Emergency Room Errors
• Postoperative Infections
When a patient dies as a result of medical malpractice, surviving family members have the right to seek financial compensation for damages through a wrongful death lawsuit. A spouse, children or parents may be able to pursue compensation for funeral costs, loss of companionship, loss of future wages, mental anguish and more.

Continue reading

Contact Information