Doctors Hospital of Sarasota was founded in 1967. It is a full-service private medical facility that can house up to 155 patients. They were actually the first in the region to offer advanced robotic spine surgery options for their patients. They are well-known for their hip replacement and spine surgery services. While all of these positive assets may incline a patient to select their hospital, there is always a risk at any medical facility that one plans on being treated at because medical negligence can always come into the picture.
At our medical malpractice Law Firm of Percy Martinez, our skilled attorneys in Miami understand that medical malpractice can happen unexpectedly and to any individual. Although women tend to become victims of malpractice more often than others, anyone can suffer damages due to a medical negligence.
We have seen the two concepts of ‘medical negligence’ and ‘medical malpractice’ being used above, aren’t these two the same?
While they are often used interchangeably, they are not the same.
Medical negligence refers to the act or omission committed by a medical provider that falls below the standard of care and something another health care professional studied in their same area would have prevented from occurring. Medical negligence is the idea that a medical professional makes an error that they should not have done that can eventually rise to a medical malpractice lawsuit. In contrast, once the medical negligence performed has damaged the patient substantially, then that is when that medical negligence turns into the actual act of medical malpractice. A viable medical malpractice claim cannot simply come from the action of a medical negligence; the victim of the medical negligence must have been injured.
Now, let’s see the services offered by Doctors Hospital of Sarasota where a medical malpractice lawsuit can come to life:
We expect to be well taken care of and provided with the best care when we seek professional help for our sickness, injury, or condition. We never expect to be further harmed by a medical provider while they are attempting to treat our current issue. Sadly, medical malpractice occurrences are all too familiar to the competent Miami lawyers of Percy Martinez Law Firm that focus on medical malpractice. In fact, it is so common that it has risen to become the third leading cause of death amongst Americans. That is a crazy thought, isn’t it? If you suspect medical malpractice has come to you or a loved one while you were at Doctors Hospital of Sarasota, come see if you can file a medical malpractice lawsuit.
Victims of Medical Negligence: The “How”
Remember, as mentioned above, substantial damages must have come to the victim of the medical negligence in order for them to be able to file a successful medical malpractice lawsuit. Miami medical malpractice lawyers at our firm have found that patients become victims of medical malpractice most often in the following areas:
- Medical malpractice during surgery lawsuit: On an annual basis, an average of 48 million surgeries are being performed across the US. Did you know that surgeons are the professionals that are most often sued for medical malpractice? That can contribute to the fact that medical negligence occurs a lot during surgeries. Whether it is cutting into the wrong site, operating on the wrong patient, performing unnecessary surgery, or even leaving a surgical instrument inside the patient after concluding the surgery, any surgery that you undergo is tied with immense risks. Some more than others, but these risks need to be addressed prior to the operation. If they fail to address these risks, they could be liable for a malpractice due to the lack of informed consent.
- Medical malpractice misdiagnosis lawsuit: Complications with diagnosis play a major role in medical malpractice. In fact, about one-third of medical malpractice claims are due to a diagnostic error. They can either diagnose you with a more severe condition than you really have, fail to diagnose you with your actual condition, not diagnose you at all, or delay your diagnosis. These are all medical negligence’s that can lead to a medical malpractice, particularly if the condition you have requires swift treatment. This is often seen in patients with cancer. They are not diagnosed in time, and their cancer progresses or spreads to other areas to their body, leaving them with a low rate of survival.
- Medical malpractice in emergency room lawsuit: Emergency rooms get filled with many individuals that come in for a wide variety of troubles. Some can be trauma patients, while others may come in for some simple pain they might be feeling. Whatever the cause for their visit is, emergency rooms are known to commit many medical negligences. One can conclude that that is due to the environment that the ER physicians and nurses are constantly faced with. They are pressed with time and might have to care for many individuals at once—it can be chaotic. It is stressful, but even in all that stress, they must treat each patient with extreme care and attention. Some common medical errors that are seen in ER’s include lack of informed consent, giving the patient incorrect drug, operating on the wrong patient, misdiagnosis, and more.
- Medical malpractice birth injury lawsuit: A birth injury can occur at any moment during the time a mother conceives up until she gives birth. The expectant mother is seen for nine months for her prenatal care, and during that time, she may go through a series of tests in order to rule out any issues that the baby might have or any conditions that the mother might have that can affect the pregnancy. Yet, sometimes, doctors do not perform all the needed tests, and a mother can go undiagnosed with gestational diabetes or preeclampsia which can lead to the baby going in distress and possibly suffer from asphyxia. Even while the mother is giving birth, the physician might improperly use the vacuum on the infant’s head and cause them a brain injury, resulting in cerebral palsy.
This is just a detailed list of the fraction of all the possible medical malpractice situations that can come to a patient that visits Doctors Hospital of Sarasota. Consult your concerns with a professional medical malpractice lawyer in Miami if you plan on filing a medical malpractice lawsuit against Doctors Hospital of Sarasota.
When Medical Malpractice Happens in a Private Facility
A private hospital, just like a public one, can both be named in a medical malpractice lawsuit. Just because they are private, it does not exclude them from being named as defendants in a claim. Hospitals can be held “vicariously” liable for a medical negligence, or they can be held directly responsible. These are the differences between these two concepts:
- Vicariously Liable: Vicarious liability refers to the hospital being held responsible for the actions committed by one of their employees. This falls under the doctrine of “respondeat superior”. Under this doctrine, the negligent actions that are committed by an employee while they are under the scope of their job will fall on the shoulders of the hospital. The only time this doctrine is not applicable is when the person being accused of medical malpractice is an independent contractor like some doctors are.
- Directly Liable: A hospital is required to check any medical provider thoroughly before they hire them. If they fail to do so, they might be held negligent in under what is known as “corporate negligence”, especially if that professional they hired committed a medical malpractice. They could also be held liable if they allow a physician who is not competent to treat patients in their hospital. In addition, they must also make sure that there is sufficient staff on board. If they do not have enough medical staff present, and a patient suffers a medical malpractice due to the lack of staff, they will be held liable and can become a named defendant of a medical malpractice lawsuit.
When you go to a hospital, understanding who can be held liable for damages that come to you is extremely crucial. You want to know who can be sued for the damages that you acquired and that you will be compensated for the suffering you have undergone. At our Miami medical malpractice firm, we assure our clients that we work endlessly to ensure that all damages that came to the victim are covered.
Interesting Facts About Medical Malpractice
- Did you know that the majority of medical malpractice cases could have been prevented? In fact, 80% of medical malpractice incidents are due to human error.
- Medical malpractice kills more individuals a year than vehicle collisions
- Surgeons are most often sued
- From 1,000 infants that are born, about six to eight of them will become a victim of a birth injury
- About 15,000 to 20,000 of lawsuits for medical malpractice are filed every year
- Only 3% of victims of medical malpractice file lawsuits
- Most claims never reach trial because they are either settled before or dismissed
- $3.9 billion in compensation was given to victims of medical malpractice in 2015
Cases of Medical Malpractice at Doctors Hospital of Sarasota
There are actually a few cases tied to this hospital that can be viewed here that are of a different nature, but below will be an occurrence of medical malpractice:
- In 2003, a patient seeking medical aid at Doctors Hospital of Sarasota failed to treat acute chest pain that he was experiencing. As a result, the patient suffered from kidney damage and ophthalmologic disorder. This led to them suffering permanent damage, including deafness, loss of limb, loss of an eye, and loss of one kidney. $1,000,000 was given in compensation to the victim and was settled out of court.
Doctors Hospital of Sarasota Medical Malpractice Lawyers
At the Miami medical malpractice law firm of Percy Martinez, you can expect to receive the best customer service and knowledge from our team. As victims of medical malpractice, seeking a lawyer that understands medical malpractice and knows the expectations of these types of claims is a key asset in securing a viable medical malpractice lawsuit. We want our clients to receive the most they can through the justice that we will attain. No negligence committed by a healthcare professional should be disregarded. There is no better medical malpractice attorney out there for you.
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