Medical malpractice is a notion that many are familiar with, while many are not. Medical malpractice is translated into errors in medicine that are performed by professionals in that field which can lead to the pain and suffering and injury/death of their patients. In other words, it is damage that is done to an individual seeking aid from that professional that could have been prevented had the medical provider performed their actions differently.
When that unfortunate aftermath occurs, victims of medical malpractice have legal rights to seek professional lawyers for Medical malpractice at Percy Martinez Law Firm in Miami. A M I Kendall Regional Medical Center has an excellent trauma care unit; in fact, it was amongst one of the first hospitals to be verified by the American College of Surgeons. It is a full-service emergency care facility specializing in pediatrics and burn care in Miami, FL. Despite their prestigious nature, medical malpractice is an occurrence that could happen at any location, even at the best hospitals in the nation.
A M I Kendall Regional Medical Center offers the following services to their patients. These are all the services where medical malpractice could present itself:
- Behavioral healthcare
- Burn care
- Emergency Care
- Heart and vascular institute
- Maternity and newborn care
- Minimally invasive/robotic surgery
- Orthopedic and spine institute
- Pediatric ER
- Pediatric Care
- Comprehensive stroke center
- Radiology services
- Rehabilitative services
- Trauma care
- Women’s health;
If you have suffered injuries during your visit or care at A M I Kendall Regional Medical Center, it would be wise to seek help from a lawyer for medical malpractice at Percy Martinez Law Firm. Continue reading to discover more information on this matter with us.
Forms of Medical Malpractice That Could Surface
Medical malpractice cases occur on a daily basis and most commonly in hospitals. Contributing to that fact could be the presence of medical providers being in an emergency room setting, where stress levels are high, and patients come floating in like water. These are some types of medical malpractice cases that could take place at A M I Kendall Regional Medical Center:
- Misdiagnosis lawsuits: The term misdiagnosis is tied with the medical field and includes a wrong diagnosis, a delayed diagnosis, and even no diagnosis at all. When you seek medical care in a medical setting, you believe that the medical providers that you confine your health to will be able to provide you with information on what it is that you have, and offer you the indicated treatment for your condition, right? We all do. Unfortunately, that hope is often shattered for many. In fact, misdiagnosis occurs to an estimated 12 million Americans each year. These misdiagnoses can lead to serious mishaps that could be irreversible like permanent disability and even death. The way that a misdiagnosis case can be proven is by demonstrating how the medical provider did or didn’t do what another doctor in the same field of study would have or would not have done.
- Birth Injuries lawsuits: In the United States, about four million babies are born every year. Birth injuries to babies can occur long before they are even born and during their delivery. Negligence from an obstetrician or physician during the prenatal care of the mother and unborn child or during childbirth could lead to severe disabilities like cerebral palsy, Erb’s palsy, brachial plexus, and even death. Some examples of negligence that could lead to medical malpractice include doctor not providing all necessary tests of the mother like gestational diabetes, excessive pulling of the baby from the mother’s birth canal, and incorrect medication prescription was given to the mother.
- Errors during the administration of anesthesia lawsuits: The use of anesthesia is used during the vast majority of surgeries and other procedures. It is a medication that renders the patient embolized and allows them not to feel any pain. Anesthesia can be given to completely put the patient to sleep or temporarily paralyze the specific area. In order to administer this drug, the medical provider must be specialized in that area. Only an anesthesiologist can perform it. If too much of this drug is given, if too little is administered, if the injection spot is the incorrect one, the patient can suffer injuries.
- Surgical mistake lawsuits: About 48 million different types of surgeries are conducted annually in the US. Operations could be planned ahead of time, or they can suddenly occur due to an emergency like a car accident. Despite why a surgery takes place, any type of surgery performed should be taken seriously. Even the most straightforward operation like the removal of appendicitis must be completed with extreme delicacy. Errors during surgery include incorrectly reading the patient’s medical chart, removing the wrong body part, leaving a surgical instrument inside a patient’s body, cutting into an organ, amongst others.
Medical malpractice can be seen in many other ways. The only way to find out whether you have suffered from medical malpractice is to consult with a good personal injury attorney at Percy Martinez Law Firm in Miami, FL that is skilled in medical malpractice cases.
Why Do These Preventable Mistakes Happen?
This is a question that is raised by many individuals, especially those who have suffered at the hands of medical negligence. Our lawyers at Percy Martinez Law Firm in Miami for medical malpractice deal with preventable medical errors quite often and are often faced with the following origins for its occurrence:
- Inexperience of physician
- Lack of communication between medical providers
- Incorrect documentation of patient symptoms
- Mix-up of patient medical charts
- Insufficient tests performed on the patient
- Not acquiring patient’s medical history
- The physician being under the influence
- Being in a high-stress setting like an emergency room (emergency room malpractice occurs often due to the environment)
These are just some of the many sources for why medical malpractice happens. Medical providers need to be extremely vigilant and precise when they are dealing with patients. Sometimes, doctors get too comfortable and forget that they are dealing with possible life and death situations.
Caps on Florida Medical Malpractice Cases
Medical malpractice payouts vary from state to state. Each state has their own regulations and limitations on the amount of money a victim of medical malpractice can acquire depending on the type of damages suffered and by who it occurred. For Florida, the following information applies:
- Like many states, Florida has caps on non-economic damages like mental anguish
- There are no caps on economic damages like loss of income
- Different caps pertain to the medical practitioners and non-practitioner ($500,000 cap for non-economic damages; 1 million if the person was rendered vegetative by the practitioner; for non-practitioner $750,000)
-More information on the caps can be read on the statute Chapter 766 Section 118.
Information and Figures on Medical Negligence
Below are some statistics regarding medical malpractice for the year 2017:
- By the age of 65, physicians in high-risk settings will have been sued at least once in their lifetime for medical malpractice 99% of the time
- For 85% of the time, surgery errors become medical malpractice cases
- In 2017, 31% of medical malpractice cases were due to delayed/failure to diagnose
- In 81% of medical malpractice cases, physicians gave a disposition in 2017
- An estimated 39% of medical malpractice lawsuits are resolved in less than two years
- About 30% of lawsuits tend to be resolved before reaching trial
- Data compiled in 2017 showed that 97% of physicians have medical malpractice coverage
- 5% of plaintiffs received over 2 million in compensations and 35% up to 500,000 thousand dollars
- In 22% of medical malpractice cases, physicians would have wished to have better chart documentation
- The threat of medical malpractice is present all the time in 20% of physician’s minds
- Mistakes in diagnosis cause about 80 thousand to 100 thousand deaths every year
- In the United States, about 15,000 to 19,000 medical malpractice cases are filed annually
Percentage of causes for medical malpractice lawsuits in the year 2017
What Was the Reason for the lawsuit?
|Failure to diagnose/delayed diagnosis||31%|
|Complications from treatment/surgery||27%|
|Poor outcome/disease progression||24%|
|Failure to treat/delayed treatment||17%|
|Patient suffered an abnormal injury||9%|
|Errors in medication administration||3%|
|Poor documentation of patient instruction and education||3%|
|Improperly obtaining/lack of informed consent||2%|
|Failure to follow safety procedures||2%|
Provided by Medscape.
As seen in the above chart, mistakes during diagnosis compose a large percentage of medical malpractice sources.
Top Ten Specialties for Medical Malpractice Lawsuits
|OB/GYN & Women’s Health||85%|
*Chart above shows the percentage of lawsuits for medical practice according to the type of service provided. Information provided by Medscape.
Medical Malpractice at A M I Kendall Regional Medical Center
Below will be listed a case of medical practice that occurred at A M I Kendall Regional Medical Center:
- In 2010, a 26-year old man was left in an irreversible vegetative state after he was admitted to the A M I Kendall Regional Medical Center because he was suffering from severe aspiration pneumonia. This condition caused him to go into respiratory arrest. Medical providers than placed him in the ICU and intubated him. He was improving, and his treating pulmonologist decided to extubate him. As a consequence, there were fluctuations in his vital signs, but this information was not passed onto the attending doctors. Due to the delay in treating these fluctuations in his vital signs, he went into cardiac arrest and ended up in his vegetative state.
Experienced A M I Kendall Regional Medical Center Medical Malpractice Lawyers
The laws and regulations tied to medical malpractice vary from state to state, making medical malpractice cases quite complex. For that matter, it is advisable to seek the legal counsel of experienced personal injury lawyers at Percy Martinez Law Firm in Miami, FL for medical malpractice. If you have experienced medical negligence at A M I Kendall Regional Medical Center in Miami-Dade County, come take advantage of our free consultation to have all your inquiries answered by our skilled team of Miami medical practice attorneys. Remember, not every personal injury attorney can handle medical malpractice cases with professionalism as we do. Get in touch with us today – we will guide you through every step.
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