Medical malpractice occurs when a healthcare professional’s carelessness harms patients. These cases are subject to specific legal requirements in Florida, including establishing a breach of the duty of care and its connection to the plaintiff’s injury. Let’s delve into the most common cases statewide:
Birth Injuries
Employing inappropriate birthing tools and techniques, failing to address fetal distress, or delaying emergency interventions can severely injure newborn babies and mothers. Such negligent acts before, during, or after delivery can cause devastating, long-term injuries, such as:
- Cerebral Palsy
- Brachial Plexus Injuries
- Uterine Rupture
- Vaginal Tears
- Fractures
Childbirth injuries are among the most prevalent malpractice cases. They even comprised half of the largest medical payouts in Florida from 2004 to 2022. Under local law, parents can file malpractice claims on behalf of their children to seek compensation for pain and suffering, rehabilitation, and medical expenses.
Diagnostic Errors
Misdiagnosis and delayed diagnosis are the leading types of medical malpractice claims in Florida. Doctors must use appropriate differential diagnosis procedures to promptly and accurately identify their patients’ medical issues. Otherwise, treatment may get delayed, the patient’s health may worsen, and the patient may undergo unnecessary procedures.
For instance, missing a cancer diagnosis in its early stages can reduce the chances of successful treatment. When filing diagnosis-related malpractice lawsuits, Florida law requires a demonstration that a competent physician would have made a correct diagnosis in a similar situation, and that earlier diagnosis more likely than not would have prevented the injuries.
Medication Errors
A mistake in prescribing, dispensing, or administering medicines can result in complications, like allergic reactions, organ damage, and even death. Some examples include:
- Doctors giving the wrong medication or dosage
- Doctors failing to check for adverse drug interactions
- Drug manufacturers and pharmacies mislabeling products
Such errors are often the cause of rising emergency cases, hospitalizations, and fatalities every year. Medical professionals and healthcare facilities may be liable if a patient is harmed due to a preventable medication error. Florida patients who suspect or have sustained medication-related injuries should consult a local medical malpractice attorney to evaluate their legal options.
Surgical Mistakes
Operating on the wrong body part, providing the wrong anesthesia, and leaving surgical tools inside the patient’s body are examples of surgical malpractice errors. They can lead to extended recovery times, additional medical procedures, and even life-threatening complications.
Florida courts recognize that while all surgeries have inherent risks, preventable errors due to negligence can justify a malpractice claim. Patients who suffer surgical injuries can seek compensation for corrective procedures, lost wages, and pain and suffering.
Navigate the Complexities of Florida’s Malpractice Laws
A physician’s mistakes can leave life-altering consequences on patients and their families. Understanding medical malpractice claims and the legal process can help victims in Florida pursue justice and recompense for their suffering. If you or a loved one sustained injuries due to medical errors, reach out and defend your rights with Hale Law.