According to a 2024 Forbes article, medical negligence causes 251,000 deaths annually in the United States. This makes it the third leading cause of death, following only cancer and heart disease. Not all undesirable medical outcomes constitute malpractice, but medical negligence should never occur.
If you or someone you love has been harmed by medical malpractice, the law provides certain remedies. Below, our Greenacres medical malpractice lawyer outlines common accidents, the resulting injuries, and damages you may be able to recover if you have been hurt due to a medical mistake.
Diagnostic Errors
Misdiagnosis is a missing or inaccurate diagnosis of a patient’s medical condition. Approximately one-third of all medical malpractice claims arise from misdiagnosis, which causes patients serious harm, including permanent impairments and even death.
Failure to diagnose or delayed diagnosis occurs when a healthcare professional fails to identify a condition after learning of the patient’s symptoms. Negligent medical providers may fail to investigate reported symptoms, refer the patient to a specialist, or order certain tests.
Delayed diagnosis and misdiagnosis can result in incorrect prescriptions, treatment, and tests. This not only worsens the condition but can also result in additional damage. By the time a healthcare professional realizes the mistake and accurately diagnoses the patient, it may be harder to treat the illness or injury. This can result in prolonged pain and treatment for the patient.
Failure to Treat
Doctors may provide an accurate diagnosis, but then fail to follow up with treatment or post-operative care. Discharging a patient from the hospital too early can also constitute a failure to treat. Failure to treat occurs any time a medical professional fails to provide the proper treatment according to standard practices. A medical expert can often testify regarding the standard of care for patients with specific conditions. When working with a Greenacres medical malpractice lawyer, they will often have a network of experts they can reach out to.
Pharmaceutical Errors
Pharmaceutical errors are common and involve patients not receiving the right type of medication due to physician or pharmacist negligence. For example, a doctor may write a prescription for a patient but fail to ask about other medications the patient is taking. The new prescription may cause a negative reaction with their other medications.
Patients who take the wrong prescriptions can experience a delay in the treatment they receive, causing their condition to become worse and more difficult to treat. Taking the wrong dosage may be ineffective at treating the condition or cause serious injuries such as coma and death. Pregnant women who take the wrong medication may give birth to children with birth defects.
Birth Injuries
Medical malpractice can also result in a number of birth injuries. These are often caused by the following:
- Inferior prenatal care
- Failing to inform parents of genetic defects
- Misusing birthing assistance tools such as vacuum extractors or forceps
- Failing to prepare for complications during birth
- Failing to monitor a child during labor or delivery
- Failing to perform a cesarean section in a timely manner
- Mishandling a newborn, such as dropping them
Many of the above negligent acts can cause serious birth injuries. Nerve damage, shoulder dystocia, brain damage, spinal cord injuries, paralysis, and cerebral palsy are just a few of these. Preventable mistakes can cause injury to children before, during, and after their birth.
Surgical Errors
Surgeons make grave mistakes when they operate on the wrong patient, on the wrong body part, or when they perform the wrong procedure. When surgery is unnecessary, it increases the risk of complications such as blood clots, infection, and needless suffering.
Surgical mistakes can cause damage to the tissues, nerves, and organs. In the most tragic of cases, surgical errors can result in death. Medical tools that have not been sterilized properly or forgotten inside a patient can result in prolonged medical treatment that causes more illness and may require additional surgeries.
It is well-known that most surgeries have inherent risks. Surgeons have a duty to inform patients of these risks before the surgery is performed so the patient can make an informed decision about whether to proceed.
Anesthesia Errors
Anesthesia errors made during surgery can result in brain damage or even death. These errors include failing to properly prepare a patient for an operation, failing to use the right medication, and administering inaccurate dosages. Failing to monitor the patient’s vitals and anesthesia effects is also considered medical malpractice.
Failing to Prevent Infection
The hygienic practices within a hospital setting are critical to infection prevention. Unsanitary environments, including unsterilized equipment and tools, can result in patients succumbing to infection. Failing to monitor a patient’s incision site for signs of infection may also constitute malpractice. Ineffective infection treatment and unsafe hospital conditions can cause severe illness and require patients to remain in the hospital for an extended period of time.
Damages Available for Medical Malpractice Injuries
If you have suffered injury due to medical negligence, you may be able to file a claim against the practitioner, hospital, or other party who caused you harm. The damages available in medical malpractice claims are meant to compensate you for any loss you suffered due to negligence. These may include your medical expenses, lost income, pain and suffering, and loss of enjoyment of life.
If a medical professional acted with gross negligence or recklessness, you may also be able to obtain punitive damages. These are meant to punish defendants and deter them from similar behavior in the future, and not to compensate you for your losses. Under Florida law, punitive damages are capped at three times the amount of compensatory damages or $500,000, whichever is greater.
Call Our Medical Malpractice Lawyer in Greenacres for Legal Help
Pursuing compensation through a medical malpractice claim can help you pay for your medical bills and more, but it is not easy to obtain. At Adolphe Law Group, our Greenacres medical malpractice lawyer can help you overcome the challenges these cases present so you can obtain the fair damages you are entitled to. Call us now at 561-786-5244 or fill out our online form to schedule a consultation and to get the legal help you need.