With the discoveries of new medical technology and advances in medicine, individuals who have obtained an injury, disease, or sickness have been relying on medical providers in order to provide them with treatment. For the vast majority of cases, most people get better, but in some cases, they do not. The term medical malpractice has been one that has been facing the headlines in recent years. On average, almost half a million people will die each year due to a medical error that is committed by a healthcare provider. The irony of it all is that these individuals who died at the hands of the medical provider were trying to get cured by those same hands. Unfortunately, that is a reality that the law firm of Percy Martinez’s medical malpractice attorneys in Miami, FL know clearly. As each year passes, more and more patients are either suffering an injury or dying due to medical malpractice. Even the hospitals that have been ranked as top quality are capable of committing medical negligence.
Medical malpractice best lawyers in Miami, FL understand this reality all too well. We know that at Kindred Hospital, despite its low bed capacity of 88 patients, could be named as a defendant for a medical malpractice lawsuit. These are some services offered at this hospital where medical malpractice can occur:
- IV Antibiotic Therapy
- Pulmonary Care
- Wound Care
- Diabetes Management Services
- Post-Intensive Care Syndrome
- Geriatric Services
- Intensive Care
- Pain Management
These are some of the following damages that you must have sustained by the facility or health care practitioner due to the medical negligence that they performed which can result in a medical malpractice lawsuit such as:
- Loss of income
- Pain and suffering
- Loss of future income
- Medical bills
- Loss of consortium
- Loss of services
- Funeral Costs
- Burial Costs
There is even a possible recoverable damage called “punitive” that is awarded at the discretion of jury and judge. It depends on the severity of the negligence that the medical provider committed. Just note that if there is no pain, there is no gain, even if medical negligence happened. You must have suffered some type of way.
Discovering Paths to Medical Malpractice
An important aspect that our expert Miami, FL medical malpractice attorneys at Percy Martinez Law Firm advise their clients is to gain knowledge. The notion of ‘knowledge is power’ definitely coincides with medical malpractice. The more you know, the better it will be when you file your medical malpractice lawsuit. For starters, it is imperative that you understand certain situations that can amount to a medical malpractice including:
- Improper treatment malpractice lawsuit: When a patient endures an injury or becomes aware that they have a certain condition, their doctor will tell them of the options they have in order to contain the issue. Improper treatment can be given to a patient if a physician lacks knowledge of that specific condition, does not diagnose the health issue properly, disregards symptoms of patient, just to name a few medical negligences. An improper treatment can be deadly, particularly for a patient that is suffering from a chronic medical condition that requires immediate treatment and most importantly, the proper one.
- Delaying C-section medical malpractice lawsuit: An expectant mother might already be scheduled to undergo a C-section, or it might be an emergency one. There are certain circumstances like fetal distress that will enable a physician to perform an emergency C-section, but if that action is delayed, the baby can suffer numerous consequences. Their oxygen supply can be cut off for some time prompting hypoxia which can lead to brain damage. Physicians cannot delay cesarean sections because that can add up to a medical malpractice lawsuit. The longer the infant is inside, the more damage will come to them. It only takes a few minutes without enough oxygen to endure brain damage. Consequences of that include Erb’s palsy, cerebral palsy, and more.
- Failure to prevent infection malpractice lawsuit: When you are in a medical setting, you assume that no harm will come to you. Acquiring an infection at a hospital is possible through a variety of situations such as improper sterilization of medical equipment, lack of hygiene practice by medical staff, poor follow-up on patient, failing to order tests to determine the presence of an infection, and more. Physicians must ensure that after any procedure that you undergo, that there is no sign of infection due to the procedure. A patient could suffer from sepsis, which is an infection that can potentially take the patient’s life. It happens when the body fights itself and overprotects the body.
- Incorrect diagnosis medical malpractice lawsuit: Being told that you have a medical condition could be traumatizing, especially if it is one that can take your life like cancer. Now, what happens when you are told that you have a condition, but in fact, you do not really have that particular one? Yes. You are incorrectly being diagnosed. It happens more than you would think. In fact, errors with diagnosing medical issues come to about twelve million people each year. With an incorrect diagnosis, you will not receive the right treatment, meaning you will never get better, only worse. This is a critical medical error– delay in diagnosis, misdiagnosis, and failure to diagnose. Have you been misdiagnosed and injured as a result? Talk to best medical malpractice lawyers in Miami, FL.
Situations that can leave you a victim of medical malpractice can stem through various roads in addition to those already mentioned above:
- Failure to treat
- Lack of informed consent
- Cutting into the wrong body part
- Insufficient testing
- Improper administration of prescription
- Not obtaining patient’s medical chart; and
What Is Causing These Professionals to Make Such Mistakes?
That is a question that many individuals want answers to. How can someone who has been educated, trained, and studied in the medical field be the one who actually ends up doing more harm than good to their patients? Percy Martinez Law Firm Miami, FL expert medical malpractice attorneys have found numerous reasons as to why these medical negligences happen including:
- Inexperience physician
- Not ordering adequate testing for patient
- Being under the influence of drugs
- Miscommunication between the medical team
- Not going through the patient’s medical chart
- Not paying attention to patient’s symptoms
- Not properly reviewing their tests results
- Failing to notice a change in vital signs; and
A medical professional is a human just like you, and no one is perfect. Unfortunately, imperfection in the medical world could leave someone injured or dead. Mistakes cannot occur, but they do, and always will.
Exploring the World of Medical Malpractice
Cases of medical malpractice have been exponentially increasing over the years. It has risen to the point that more people are killed from medical malpractice than by car crashes each year. Crazy, isn’t it? Just review some of these numbers:
- About 400,000 individuals are killed each year by it
- Millions are injured each year by medical errors
- Problems with medications affect about 1.4 million people annually
- A little more than one-third of medical malpractice claims are related to diagnosis
- Surgeons are named in about 33% of medical malpractice claims
- The most common forms of malpractice include surgical errors, misdiagnosis, and birth injuries
- Failing to order emergency C-section and misusing birth assisting tools are common forms of birth injuries to mother and baby
This chart below will demonstrate the common reasons for medical malpractice lawsuits and the percentage that each category holds
|Failure to Diagnose||31%|
|Patient suffered an abnormal injury||31%|
|Failure to treat||12%|
|Poor documentation of instruction and education||4%|
|Errors in medication administration||4%|
|Failure to follow safety procedure||3%|
|Improperly obtaining/lack of informed consent||3%|
*Info obtained at Becker’s Hospital Review
Florida’s Cases of Medical Malpractice
Below are some cases that have occurred throughout Florida:
- A Florida couple was granted 33.8 billion dollars in compensation after their newborn baby was left with severe permanent brain damage. The delivering doctor was leaving the mother for periods of time to answer phone calls outside and neglected to respond to the fetal distress of the baby. This led to a delay in C-section causing the infant to lack oxygen. He is permanently disabled now.
- A mother seeking medical aid for her teenage son at an emergency room was told her son was fine. She took him home but he continued to be in crucial pain. She returned to the emergency room only to find out that her son’s appendicitis had busted. The infection was going through all of his body. He was hospitalized for ten days due to the delay in diagnosing what condition he had. This caused a domino effect on the teen, and he suffered other damages. The mother and teen were awarded 2.5 million.
Professional Medical Malpractice Lawyer for Kindred Hospital
Not only are our experienced medical malpractice Miami attorneys knowledgeable about medical malpractice, but they also have hearts. They understand the pain and suffering and devastating pain of loss of life that their clients are going through. They express compassion and understanding for their clients, in addition to the best legal representation possible. Their goal is to seek justice for all the damages that have been inflicted on their client. They rest at nothing to acquire the most compensation possible for the damages that have been caused by medical negligence. Don’t wait to pick up your phone today and give us a call.
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