Many people may hear the term “medical malpractice”, but what does it mean? It is an accident that can occur at any given moment when a person goes to a medical facility or a physician to seek health care. This occurs when a person is injured or experiences complications because of a negligence or error that was committed by someone in the medical field. This error typically leads to substantial damage, and can even result in death.
Medical mistakes and negligence happen on a greater scale than most people believe. Statistically speaking, it is the third leading cause of death that occurs yearly throughout the nation. Just imagine that medical errors that result in death are just below the deaths that occur due to cancer and heart disease. Along with these statistics, the US Department of Health and Human Services found that one out of seven Medicare patients suffers an injury every month due to a medical professional’s mistake. When a person analyzes the fact that only 15% of the population has Medicare, the rates of patients who suffer an injury is very high. From the 15% of Medicare patients, about 15,000 people die every year by medical malpractice.
The number of deaths that occur every year does not include the number of victims who have been catastrophically injured or developed a disability because of the injuries they sustained. These errors can bring financial burdens, psychological loads, and the worst being physical incapacities. These problems remain with a patient for the rest of their lives.
Conditions like cerebral palsy and hypoxia can leave a patient with permanent ill-health, just like a failure to diagnose or a misdiagnose can cause a delay in the correct treatment needed for a patient. These are all ways that a medical professional or facility can fail in providing the adequate standard of care that is owed to all of their patients. To see whether the ‘standard of care’ was executed, the Orlando Medical Malpractice Lawyers at Percy Martinez’s Law Firm hire medical professionals that are trained or experienced in the same subject area as the physician or medical professional who performed the mistake to determine whether that medical expert would have provided the same form of care given the same circumstance.
Negligence In The Medical Field
A vast majority of the people misinterpret medical malpractice with the term ‘medical negligence’. Negligence constitutes only a fraction of a malpractice claim, although these two terms are often used hand-in-hand. Just saying that a physician or medical facility was negligent is not enough evidence to build a case for the basis of a medical malpractice. To begin with, a victim must show how the person in question was negligent and that that negligence is what caused their injuries. An Orlando Medical Negligence Attorney can help the patient understand the terminology and medical laws associated with a medical malpractice claim.
The studies and discoveries that have taken place over the centuries are what has shaped the standard of care that is demanded by medical professionals. The treatment and diagnosis of patients are based on the standard of care which outlines how every procedure should be done. Once a doctor is unable to adhere to these standards or does not know how to treat a patient, then they must refer the patient to another physician who is capable of providing the patient with the appropriate treatment.
What are some examples of medical negligence that can be grounds for a lawsuit?
Orlando Misdiagnosis or delay to diagnose lawsuits
- Delayed diagnosis or misdiagnosis happens when a physician either is unable to determine the medical condition of a person or takes too much time to do so. This medical error can have fatal results for a patient that requires swift treatment for a medical condition like cancer. Many diseases share similar symptoms which can sometimes confuse a doctor. If a doctor feels they cannot conclude which medical condition a patient has, they must seek the opinion of another doctor. The physician cannot just claim that the person has a condition they believe when they are not 100% that that is the correct condition. An error in the correct treatment can come from this mistake. A physician must be held accountable when they do not properly diagnose a potentially deadly condition.
Orlando Surgical error lawsuits
- Surgical mistakes occur when a surgeon or staff member that is performing an operation makes a mistake during the procedure that either causes a patient to get injured, suffer a complication, and sometimes even death. Some of those errors include: scalpel cuts through vital tissue and other organs, forgetting a surgical instrument inside the body of the patient, performing a surgery that is not required for the current medical condition that the patient has, giving the incorrect blood type to the patient during a transfusion, performing the operation on the wrong site, among others.
Orlando Prescription error lawsuits
- Prescription mistakes can happen by different parties like physicians, pharmacists, and hospital staff members. A doctor might write the incorrect prescription, the pharmacists might incorrectly fill the medication, or the person in charge of administering the medication to the patient that is staying at the hospital does so inefficiently. Some medical errors include: writing the name of a similar medication and confusing it for the patient’s required one, not asking about other medications or any allergies that a patient might be taking or have, prescribing the incorrect medication due to a misunderstanding of lab results, not ordering the correct dosage amount, administering the drug at incorrect times, not properly administering a drug ( e.g. oral vs. injected), or writing a medication that is unable to be read by others.
Orlando Emergency room errors lawsuits
- With the high-stress levels that an emergency setting has, mistakes and lack of communication can often happen by ER staff members. Due to most patients suffering from an emergency when they visit the ER, a mistake done to a patient in the ER can be fatal. Some mistakes that occur in emergency rooms include: not properly sanitizing equipment, not ordering the correct examinations, not adequately testing a patient, failing to gather enough medical records, faulty medical equipment, and poorly trained staff.
Orlando Anesthesia Mistake lawsuits
- Anesthesia is often administered when a surgical procedure needs to be performed. Because of the sensitivity that anesthesia consists of, a medical professional has to specifically study in that area. Some anesthesia mistakes include: giving the incorrect amount of anesthesia, miscommunication, not correctly reading the patient’s medical chart, not monitoring the patient’s vital signs while under anesthesia, not administering anesthesia at the proper moment, and anesthesia that is incorrectly labeled, among others.
The Orlando Attorneys At Percy Martinez Law Firm
The firm has helped countless of victims of medical malpractice recover the damages that have been done to them. Sometimes it can be too late for a victim, but their families can also seek justice for their loved one. Medical mistakes happen more often than they should be occurring. How is it possible that medical malpractice is the third leading cause of death throughout the nation? A person that seeks medical assistance should not be leaving the hospital in a worse state than before entering the hospital. A person should be able to entrust their health with a medical professional and not fear for their lives. A medical malpractice legal professional in Orlando can help the victim of a medical mistake regain a piece of their life back.
Orlando Personal Injury Services