Baptist Children’s Hospital is practiced in almost every area of the medical world that is exercised by the 200 pediatricians and 100-plus pediatric subspecialists in the hospital. This expertise serves as an advantage to ensure that the children that seek medical aid there are well-taken care of. When your child suffers from an illness or acquires a sudden injury, you want to make sure that the hospital that you entrust your child with will fix their problem, if not make it better, right? Absolutely. As parents, we never want any disaster to strike our kids. Sadly, life often happens, and things do go wrong. Once an ailment does affect them, we expect the medical professionals to provide them with more than above average standard of care. Despite what a parent may wish for their child, the reality is that you are placing your child’s health at the hands of a medical provider that is capable of committing medical negligence at Baptist Children’s Hospital in Florida.
Some services offered at Baptist Children’s Hospital where medical malpractice can take place include:
- Children’s Cancer Services
- Neonatal Intensive Care Unit
- Surgery
- Development Care
- Child Development Care
Whether you are a pregnant mother who is being seen at this hospital, whether you plan on giving birth at this location, whether you take your child who is sick with cancer to acquire some treatment, whether you take your child to the emergency room for an injury that they sustained while playing in the backyard, as a parent, you expect Baptist Children’s Hospital medical team to treat and care for your child as they would for their own kid. That is what we would hope for, right? Definitely. With our expert Medical malpractice personal injury lawyers at Percy Martinez Law Firm in Miami, FL, once the medical standard of care has been violated, we ensure that the rights of these children are fought for. We are skilled at aiding parents who have children that have suffered due to medical malpractice file a lawsuit. There is no harder thing for a parent than seeing their child in pain.
What is Expected of Medical Providers?
The way that health care providers operate is with the use of the “medical standard of care”. Whether the healthcare professional abides by this notion or violates it, will determine if you have a medical malpractice lawsuit at your hands. Even if you believe that the medical provider was negligent, that does not indicate that you are eligible to file a claim for medical malpractice. The medical expert must demonstrate how the medical standard of care was breached and that that breach is what caused your child’s injury/death. Medical professionals are expected to act reasonably given certain situations. They must perform specific actions or omissions that other physicians would have done in that identical medical circumstance.
For example: Let’s say Patient A comes in with a sharp pain on the right side of their abdomen. The medical provider does blood work, but not much more than that because they do not believe it is anything severe. Patient A is sent home with the parent with some gastrointestinal medication. The pain persists, and the mother rushes him to the ER as the child faints. It was discovered through more testing that the child’s appendix busted, and the infection had started to spread all over his body. In fact, doctors told the mother that had the child been brought an hour later, he would have been dead. In this case, the doctor did not perform all the necessary tests to determine what condition Patient A really had. For this case, a medical expert would be brought in to determine if they would have acted differently. If the medical expert says that they would have performed a test to see if it was not appendicitis, then the doctor who failed to perform the test would be held liable for the medical malpractice he caused.
In other words, medical professionals are expected to act the same that a doctor in the same area as them would have.
Medical Malpractice Occurrences at Baptist Children’s Hospital
A child is much more delicate than the average adult due to the apparent; they may not have their immune systems fully developed. Medical malpractice at Baptist Children’s Hospital that may lead to a lawsuit for medical malpractice can happen from a variety of services that they offer. Some of the medical malpractice cases that your child may experience include:
- Failure to diagnose cancer lawsuit: In recent times, children have started to develop cancer at a higher rate than they were twenty years ago. In fact, most of the older individuals today had never heard of a child contracting cancer when they were young. It is extremely sad, and unfortunately, many lose their lives to this disease. Diagnosing cancer as soon as possible can mean the difference between saving the child’s life. When a medical provider fails to diagnose cancer at Baptist Children’s Hospital, a medical malpractice lawsuit can be filed in Miami with a knowledgeable malpractice lawyer if the child has suffered substantial injuries or death as an aftermath. Cancer is a disease that cannot be brushed to the side because it requires immediate treatment to ensure that it does not go to other areas of the body.
- Failure to perform necessary tests lawsuit: This medical negligence can refer back to the example given above. A physician is required to perform all necessary tests in accordance with the symptoms that the patient is experiencing. When they fail to do so, and they either fail to diagnose the patient, delay their diagnosis, or provide them with a diagnosis that is not valid, the patient can experience additional damages. Even if the doctor did not perform a certain test because the patient was not expressing specific symptoms, if a medical expert finds that the doctor “should have” known, they could be held liable for the medical malpractice.
- Emergency care lawsuit: Emergency care units within a hospital are known for the places where the most medical malpractice happens. There are obvious reasons for that: the high-stress levels that the ER doctors are faced with, the multiple patients at one time that they must care for, and even the lack of informed consent that happens quite frequently. Within this type of setting, many medical errors can happen. An ER physician might mistake a patient for another and mistakenly amputate a leg on the wrong patient (it has happened), the ER doctor might not be able to provide informed consent to the patient because they might be unconscious, in addition to other medical negligence’s.
- Birth injury lawsuit: Baptist Children’s Hospital is a medical facility that is made for children. With relationships, come pregnancies. Whether you are a first-time mom, or a recurring mother, learning that you are pregnant brings extreme joy in anyone’s life. Birth injuries can happen during the prenatal care of the mother, while the mother is giving birth/C-section, and even after the child is already in this world. A doctor may have failed to test the mother for gestational diabetes, the delivering physician may have pulled too hard on the baby’s head causing the baby to suffer from Cerebral palsy, or the premature child may not have had the oxygen tube properly installed causing them to suffer from hypoxia. There are various medical negligences that can lead to birth injuries.
Becoming knowledgeable about the types of medical malpractice situations that a child can come into contact with is the first step in avoiding the occasion altogether. If your child has suffered an injury or died after their care at Baptist Children’s Hospital, seek an experienced Miami medical malpractice lawyer from Percy Martinez Law Firm to guide you down the right path.
Medical Malpractice: Figures, Facts, Other
Here is some information more closely related to birth injuries:
- About six to eight children that are born out of 1,000 will suffer from a birth injury
- Male babies are more prone to birth injuries that females
- One out of 9,714 babies born in the US acquire a birth injury
- Public hospitals are responsible for 6.11/1000 birth injuries; hospital with less than 100 beds are responsible for 5.53/1000 birth injuries; and hospital with 100 to 200 beds were responsible for 5.45/1000 birth injuries
- Birth injuries affect most commonly mothers that give birth by a doctor using birth-assisting tools
- 50% of all birth injuries are preventable
- Cerebral palsy has been linked with birth trauma, lack of oxygen, unnecessary use of vacuum, and infection during pregnancy
- 35% of OBGYN’s are sued for medical malpractice during their residency
- 89% of male obstetricians have been sued
- 81% of female obstetricians have been sued
- At least one sue has occurred to 85% of obstetricians
Below chart demonstrates the nature of obstetrics medical malpractice cases
Suffered an abnormal injury | 36% |
Failure to diagnose | 22% |
Failure to treat | 15% |
Poor Documentation | 5% |
Failure to follow safety procedures | 3% |
Administrative errors | 2% |
Other | 17% |
*Info provided by paperblog
We Are Here For Your Children
If your infant or child has endured a birth injury, misdiagnosis, surgical error, or other medical negligence that has caused them severe damages from a medical malpractice at Baptist Children’s Hospital, contact our Miami team of medical malpractice lawyers at Percy Martinez Law Firm. We promise to compile all of the evidence that will demonstrate the negligence that was committed by the hospital/physician. Your child’s voice needs to be heard, and justice must be sought for the pain and suffering that is currently taking place. Let’s work together–Call us today.
References:
- https://baptisthealth.net/en/facilities/baptist-childrens-hospital/pages/medical-services.aspx
- https://www.nolo.com/legal-encyclopedia/what-the-medical-standard-care-malpractice-case.html
- https://www.google.com/search?q=baptist+children%27s+hospital+florida&source=lnms&tbm=isch&sa=X&ved=0ahUKEwjZiL-r0oDdAhVM2FMKHZLbDT4Q_AUIDCgD&biw=1906&bih=924#imgrc=A7grlQYdomCNUM: – image
- https://corporate.findlaw.com/litigation-disputes/failure-to-diagnose-cancer.html
- https://www.nolo.com/legal-encyclopedia/medical-malpractice-informed-consent-29872.html
- https://www.nytimes.com/1995/09/17/us/doctor-who-cut-off-wrong-leg-is-defended-by-colleagues.html
- https://www.birthinjuryguide.org/birth-injury/statistics/
- https://www.google.com/search?q=birth+injury+malpractice+statistics&source=lnms&tbm=isch&sa=X&ved=0ahUKEwiA9bnB2IDdAhUNslMKHSiZAmMQ_AUICygC&biw=1906&bih=924#imgrc=y1NR4rvd2Xz5EM: – image