You went into labor. The baby is coming sooner than expected. You are rushed to the hospital by your family, and the medical staff reacts quickly to prepare you to enter the delivery room. Everything seems to be going fine. You are asked to push once the strong contractions start kicking in. The doctor tells you to push harder, but something suddenly seems to be very wrong. You are asked to push even more and still, nothing. You are then screaming begging to have a C-section, even though those were not your birth plans.
The doctor refuses and still tells you to push. Eight minutes pass and you are still having a difficult birth. Then, after 30 minutes of pushing, the doctor finally says to prep you for surgery. The Cesarean went fine, but for your infant, it was too late. They had already suffered brain damage as a result of the delay to perform the C-section. That is an example of medical malpractice that can be grounds for a lawsuit against the hospital and physician. Becoming a victim of medical malpractice is a possibility at any hospital or medical center that you go to, even those deemed to have a 5-star rating.
Palmetto General Hospital is located at 2001 W 68 Street, Hialeah, FL 33016 in Miami-Dade County. It was established in 1951 and services more than 150,000 people every year. They have received various designations for quality care, but despite that prestigious honor, there are many moments where medical malpractice can occur at Palmetto General Hospital. These are some of their services where a medical malpractice lawsuit can be established:
- Digestive Disorders
- Cancer Care
- Emergency Service
- Heart and Vascular
- Baby and Mother Care
- Robotic Surgery
- Sleep Center
- Behavioral Health
- Radiology and Diagnostic Services
Miami, FL expert Medical Malpractice attorneys at Percy Martinez Law Firm have represented many victims of medical malpractice throughout Florida. And with every case, they have seen patients undergo different services at different locations and come out substantially injured as a result of medical negligence by those they thought would cure them.
Mastering the Concept of Medical Negligence
When is negligence considered medical malpractice?
Medical negligence is the basis of all medical malpractice cases. In order for a medical malpractice lawsuit to exists, medical negligence must have absolutely been present. Medical negligence is when the care and services offered by the medical facility or health care professional falls below the accepted standard of care in medicine. Medical providers have a standard that they must abide by, and if they fail to do so, patients can be in the midst of a dangerous situation.
The way that the presence of medical negligence is determined is by a medical expert. They will either say whether they would have acted the same as the doctor, or they would have acted different taking into account the situation.
Now that you understand what medical negligence is, in order for medical negligence to result in a medical malpractice lawsuit, the victim of the medical negligence must have obtained some type of damage. A lawsuit cannot be filed just because a health care professional was negligent. The patient must have endured injuries or death as a result.
Possible Damages in a Medical Malpractice Lawsuit
Damages are the harms that have been inflicted upon the victim whether it is physically, emotionally, or financially. A victim of medical malpractice can be awarded three types of damages:
- Non-economic: Due to the vast disparity between cases, the court will be the ones who decide the amount that should be awarded in this category. These are damages that tie to the emotional state of the victim; it cannot have a definite price, but it is a damage that is real to the victim. For example, someone who has their leg wrongfully amputated can claim pain and suffering and loss of enjoyment of life. Those are damages that cannot be calculated but will be given a price in accordance with what the court believes that the victim should be entitled to receive.
- Economic: These damages are much simpler to award because they are expenses that can be accurately calculated. Where it gets a little fuzzy is when you calculate future work loss time. Medical expenses, loss of income, and so on, are damages that can have a number to them and are much more accurate than non-economic damages.
- Punitive: This is not awarded in all medical malpractice lawsuits. This is only provided when the named defendant has committed a medical negligence so severe that the court believes that the medical professional should be punished for it. There is a cap for this damage in the state of Florida.
Palmetto General Hospital Medical Malpractice
We comprehend negligence and the forms of damages we can receive through a medical malpractice lawsuit in Florida. Now, it is crucial to learn of different sorts of medical malpractice positions that you can run into at Palmetto General Hospital.
- Medical malpractice lawsuit for failure to treat: Receiving care and treatment are two essential aspects for the road to recovery from any type of injury or medical condition. When a physician does not treat a patient seeking help for whatever reason, the lack of treatment can severely impair the patient. If a physician does not treat a patient because they lack the knowledge with the condition they have, or they do not order tests to find out what the patient has, a failure to treat medical malpractice lawsuit can arise if the patient dies or suffers damages as a consequence. Even if the doctor cannot treat the patient, he or she has to refer them to someone who can.
- Medical malpractice lawsuit for early discharge: Did you know that if you are released too soon from the care of a hospital, and you suffer damages due to that negligence you can recover damages? Before being released from a hospital, a doctor has to ensure that everything is fine with you. They cannot just release you when you are half-good because they need more room to accommodate other patients. They must make sure that you are 100% prior to leaving the hospital and follow-up with you once you have left. They need to give you directions on what you should be doing and whether you need to see another doctor within a certain time frame.
- Medical malpractice lawsuit for failure to monitor vital signs: Whether it is during your stay at the hospital, or during your time while you are under anesthesia, the monitoring of your vital signs is the tell story of your current state. If a doctor fails to monitor any changes in your vital signs, severe damages can come to you. Just imagine that you are undergoing an operation and the anesthesiologist does not pay mind to your vital signs and you suddenly go into cardiac arrest, and none of them are even aware of it? The time that passes without them noticing can mean the difference between you living or dying. Carelessness cannot be an action that these medical providers adapt into their workplace.
- Medical malpractice lawsuit for failure to perform tests: When you go to a doctor with certain complaints and symptoms, the doctor is required to perform specific tests with respect to the signs you are expressing. They are also required to perform tests that are mandated for specific health situations that someone is in like a pregnant woman; she needs to be given the gestational diabetes tests. If a doctor fails to order some tests or does not take your symptoms into account, misdiagnosis can happen, and you can end up becoming a victim of medical malpractice. In addition, they must also review your medical history; this will be able to tell them if they should give you a specific test for a condition that your family may have a history of.
Moments of medical malpractice can result in numerous harms including:
- Wrongful death
- Temporary injury
- Permanent injury
Palmetto General Hospital Medical Malpractice Cases
In 2011, a woman sought help at Palmetto General Hospital for pain in her abdomen and blood in her urine. She has a bleeding disorder known as Factor VIII inhibitor. Despite her bleeding disorder, the medical providers failed to stop her internal bleeding during the surgery of removing some kidney stones. In addition, the lab results were delayed by two weeks, and by then, she had already suffered from a loss of oxygen. Her estate was awarded $2 million.
Failure to see patient
A family was awarded 2.88 million dollars after the mother of two twin boys went into Palmetto General Hospital seeking aid for severe adnominal pain. She received pain medication but wasn’t seen by a specialist until she was already at the hospital for over 50 hours. She went into cardiopulmonary arrest during preparations for exploratory surgery of a twisted bowel. She was resuscitated but never regained consciousness. Two years later, she died in a nursing home.
Need a lawyer for a Medical Malpractice at Palmetto General Hospital?
Skilled Miami, FL medical malpractice lawyers at Percy Martinez Law Firm know the critical results that a medical malpractice situation can place a victim in. They might never come out of it, or they might survive and live with debilitating injuries for the rest of their lives. Families might lose their loved ones, leaving children without their parents. These are all devastating scenarios that our compassionate medical malpractice attorneys are aware can happen. We have aided many victims and families through medical malpractice lawsuits. You will never see us give up on our clients. We do not stop until justice has been attained and damages have been awarded to the victims.