Despite the fact that hospitals and medical services exist to maintain and improve our health, medical mistakes do happen. In fact, according to data from the National Practitioner Data Bank, there are an average of 3,000 to 4,000 cases of medical malpractice and adverse accidents every year in the State of Florida.
If you’ve suffered as a result of a hospital accident or healthcare provider negligence, get in touch with The Law Place today. We’re a medical malpractice law firm that supports clients all over the State of Florida to understand their legal rights and pursue the compensation they deserve.
Our qualified team of attorneys can provide you with legal advice during a free case evaluation, so you can be sure you’re working with the best professional for your case. We also work on a no-win, no-fee basis and are externally rated by AVVO, where many of our attorneys have received the highest possible rating of 10.0.
To receive a free consultation with a qualified medical malpractice lawyer, call our office today at (941) 444-4444.
Misdiagnosis or Failure to Diagnose
Misdiagnosis is one of the most common types of medical malpractice in the State of Florida. This occurs when doctors incorrectly attribute patient symptoms to the wrong illness or even when they fail to diagnose an illness.
Incorrect or late diagnosis is so common because there can be significant overlap in symptoms of different illnesses. For example, headaches can be a symptom of anything from chronic migraines to a brain tumor. So, it’s relatively easy for medical professionals to fail to recognize clinical signs of a life-threatening illness, leading to a delayed or incorrect diagnosis.
Prescription Drug Errors
Medical errors such as prescribing the wrong medication or failing to recognize potentially dangerous drug interactions are another common type of medical malpractice. This can happen if a patient is allergic to a certain type of medication, if a doctor or pharmacist dispenses the wrong medicine or incorrect dosage, or even if a doctor prescribes two types of medication that interact adversely with one another.
For example, if a patient is taking blood thinners such as Warfarin, they are not able to take certain types of antibiotics, anti-inflammatories including aspirin, or even some cold and flu medication. In cases such as these, prescribing the wrong medication can have severe and often deadly consequences for patients in the State of Florida.
Surgical Accident and Error
Surgical or procedural errors are a common type of medical malpractice as there are already inherent risks involved in undergoing surgery which can be made worse by negligence. These types of errors include:
- A foreign body such as a scalpel or other medical instrument becomes lost or lodged inside the body.
- Internal bleeding.
- Nerve damage caused by performing surgery.
- Operating on the wrong patient.
- Anesthesia errors such as not giving enough or giving too much anesthesia to a patient.
- Failing to monitor a patient’s vital signs during the procedure.
- Failing to take into account a patient’s medical history.
Childbirth injuries and accidents can affect the mother or cause distress to the baby. They are not to be confused with birth defects, which are naturally occurring complications or illnesses such as infant heart problems.
The most common types of injuries during childbirth involve removing the infant from the mother. If surgical tools are used incorrectly or too forcefully, this can cause physical damage to the baby, including:
- Broken or fractured bones.
- Brain and spinal cord injuries.
- Internal bleeding.
- Cerebral palsy.
However, many childbirth medical malpractice claims also surround the treatment of the mother. If a mother’s vital signs are not properly monitored, this can result in injury, disability, and even death.
Some negligent healthcare providers use their position to increase profit by signing off on unnecessary medical treatments, including:
- Ordering unnecessary medical testing.
- Prescribing medicine that is not needed.
- Performing surgery that does not treat existing medical conditions.
Treatments could also be unnecessary in cases where mistakes are made, such as operating on the wrong patient or body part or even ordering a procedure as a result of medical error or misdiagnosis.
However, for this to become a viable case of malpractice, it will need to be proved that a healthcare provider had prior knowledge that the treatment they were offering was not needed, rather than this becoming evident in hindsight.
Who Could Be Liable for Medical Malpractice?
When you consent to be treated in a hospital or undergoing surgery, any type of medical caregiver accepts that they have a duty of care to keep you safe, healthy and to act in your best interests. However, in medical malpractice cases, this duty of care is breached by healthcare professionals who have acted negligently.
Therefore, liability for your malpractice case could lie with:
- A medical center – According to Florida Statute 766.110, all medical centers, including hospitals, surgical centers, doctor’s offices, and medical transportation services, have a legal requirement to ensure risks are identified and mitigated and that staff are properly trained and qualified.
- A medical professional – Medical caregivers, including doctors, physicians, pharmacists, nurses, and emergency responders, all have an obligation to act in a way that ensures patient health, to undergo proper training, to ensure the proper equipment is used, and to not willfully endanger patient life or health.
- A manufacturing company – In some cases, a manufacturing company could be liable for malpractice if they provided inadequate or faulty medical equipment.
Claiming Compensation for Medical Malpractice
If you have suffered as a result of medical negligence, you can make a claim or file a lawsuit in order to receive compensation that may be owed to you. Medical malpractice lawsuits can win you compensation, including:
- Medical bills and expenses.
- Disability benefits if you become permanently disabled as a result of malpractice.
- Lost wages if you are required to be absent from work in order to recover or if you are unable to return to work in your field due to your injuries.
- Loss of consortium if your physical relationship is damaged by a spouse or partner becoming injured or disabled.
- Pain and suffering for emotional trauma as well as the trauma of lifestyle changes as a result of being injured or disabled.
- Wrongful death benefits if a family member or loved one becomes deceased as a result of malpractice.
If you wish to pursue compensation in a malpractice suit or claim, it’s important to find an attorney who specializes in this area as soon as possible. The sooner you get into contact with a law firm, the more likely it is that you’ll have a successful case and achieve a higher level of compensation.
Contact The Law Place to Make a Medical Malpractice Claim
Whilst every medical malpractice case is different. We’re confident that we can help you to achieve the best possible case outcome and win compensation for your injuries.
We can support you with common medical malpractice claims, including medication errors, missed or delayed diagnoses, inadequate medical treatment, surgical errors, birth injuries, surgical errors, and more. We also specialize in medical malpractice lawsuits if you wish to sue a doctor’s office, hospital, or healthcare professional.
Here at The Law Place, we have a strong track record in winning malpractice claims for our clients all over the State of Florida. We work around the clock to provide excellent legal advice and to represent our clients, helping them receive the compensation they deserve.
To book your free case evaluation with a medical malpractice attorney, call The Law Place today on (941) 444-4444.