Articles Posted in Medical Malpractice

For many families, Tamarac medical malpractice legal claims result from catastrophic mistakes and negligence in health care settings. From Tamarac birth injuries to misdiagnoses and medication mix-ups, these healthcare setting mistakes can result in a lifetime of injury, serious financial distress, and even fatalities. In many cases, medical mix-ups and mistakes can be prevented. Ideally, healthcare facilities, clinics, and hospitals should have policies in place to help protect patients. However, experts agree that there are several things that patients can do to reduce their risk of Tamarac personal injury resulting from medical mistakes and negligence in a healthcare setting:

1) Have a good medical support team. Working with qualified health care practitioners can help improve your chances of success in a healthcare setting. It is a good idea to carefully research and consider who you want your general practitioner or family doctor to be. One doctor who oversees your overall health care and becomes familiar with your health conditions and situation is a powerful advocate for you in any healthcare setting.

2) Avoid situations where medical malpractice is more likely. Mistakes and recklessness are more likely in settings where there is understaffing, poor policies in place, and a rushed environment. Avoiding clinics, hospitals, not their health care settings during the evenings and during weekend rushes is one way to avoid medical mistakes. Of course, if you have a medical emergency you may not be able to choose when you seek medical care. However, choosing your clinics, hospitals, and healthcare practitioners when possible may reduce the risk that you will be affected by a medical mistake.

3) Visit with a friend. Visiting a healthcare practitioner can be stressful, especially if you’re dealing with a medical emergency or a chronic condition. Bringing along a friend or family member to your appointment can ensure that the two of you can ask questions about your condition, clarify information, and remember more about the appointment after the fact. Having a healthcare advocate is also important as it provides you with emotional support while you deal with healthcare issues.

4) Keep written track of instructions and details about your condition. If a doctor explains a medical condition, concept, or medication or treatment option to you, consider asking them to write it down. Get a copy of test results or write down information yourself and ask the doctor to verify the information. Often, in the doctor-patient relationship a lot of information is exchanged and patients afterwards may only remember a small portion of what a doctor has told them. Keeping written track of information can help you remember more.

5) Ask questions and verify information with each healthcare practitioner who comes into contact with you. Asking questions about dosages, medication, treatments, and your condition is important. When speaking with a nurse or new healthcare practitioner, you may also wish to quickly verify dosages, any medications you’re on, any allergies or pre-existing conditions, and any other information related to your condition. In some cases, Tamarac misdiagnoses and medication errors occur simply because a new healthcare practitioner does not adequately review the information. Asking doctors to review the information with you may help prevent this type of mistake.

Continue reading →

Patients trust healthcare professionals to provide a good standard of care, but in some cases preventable Hallandale Beach medical mistakes result in catastrophic complications, permanent injuries, and even fatalities. In cases where a medical mistake, surgical mistakes, or other mistake in a healthcare setting was preventable and was caused by recklessness or negligence, the patient may pursue a Hallandale Beach medical malpractice claim in order to seek compensation for lost income, medical costs, and other damages resulting from the mistake. No matter what your health situation, Hallandale Beach medical mistakes and medical malpractice claims are a concern for a number of reasons:

1) Medical malpractice is prevalent. According to a 2010 article in USA Today, 195,000 patients die each year as a result of preventable medical errors. Medical errors are third leading cause of death in the US. The fact is that most patients will be affected by a medical error or mistake at some point in their lives. Mistakes can range from minor to fatal mistakes. Understanding how medical mistakes can happen – and how they can be prevented – is an important part of being an educated patient.

2) It is hard for victims to get justice. Unfortunately, victims who suffer due to negligence in a medical setting often have a hard time getting the fair compensation and the justice that they deserve. In many cases, patients are not told about medical mistakes and hospitals as well as physicians do not advertise mistakes which have occurred. In addition, medical facilities as well as physicians and medical professionals are protected by powerful insurance companies who work hard to protect their clients against legal claims. Experts estimate that only a tiny percentage of qualified victims seek and receive compensation in Florida medical malpractice lawsuits. Even in cases where a victim has a strong legal claim, it is often difficult to prove that a Hallandale Beach slip and fall accident, surgical mistakes, or Hallandale Beach misdiagnosis has occurred in a medical setting due to negligence and recklessness. It often requires working with a qualified and experienced Hallandale Beach personal injury attorney in order to get expert testimony as well as a thorough investigation into the case.

3) Medical malpractice can lead to catastrophic consequences. One reason why patients need to be aware of medical malpractice rights as well as medical mistakes is that they can have such a profound effect. Hallandale Beach birth injuries, for example, can deprive the family of a child or can cause a lifetime of injury for a baby. Hallandale Beach misdiagnosis can cause a cancer patient or other seriously ill patient to not receive adequate care in time and can literally cut short a life. Surgical mistakes as well as medication mix-ups can result in serious and even fatal complications.

4) Medical malpractice hurts the doctor-patient relationship. When patients are affected by medical mistakes or negligence in a healthcare setting, it can become difficult for them to trust doctors and healthcare practitioners again. This can affect quality of care as well as the doctor-patient relationship, making it harder for the patient to get quality care and timely care in the future.

5) Not enough is done to prevent medical malpractice. In many cases, facility and hospital policies create conditions that can lead to medical malpractice. Some facilities, for example, may put undue pressure on physicians and healthcare practitioners to work long hours, resulting and tired practitioners who are more likely to make mistakes. In other cases, facilities do not have adequate policies to ensure that healthcare practitioners double check medication dosages, surgical sites, tests, and other healthcare information. Research has shown that in many hospitals, quality of care declines in the evenings and on weekends, when hospitals have less staff and are therefore less able to deal with emergencies and patients.

Continue reading →

Researchers from Johns Hopkins recently published a report in the Journal of Surgical Research suggesting that older patients admitted to the hospital with traumatic brain injuries on the weekend are more likely to die than patients admitted with similar injuries during the work week. Researchers examined over 38 000 patient records to determine the disturbing trend. Previously, other research studies have concluded similarly worse outcomes from patients admitted during the weekends for stroke, aneurisms, heart attacks, and other serious ailments. Some researchers call this the “weekend effect.”
There are many reasons for the weekend effect, according to Johns Hopkins researchers. Many hospitals have reduced staff levels during the weekend. Many specialists are also not available during the weekends. According to study leader Eric B. Schneider, these were the main factors contributing to weekend fatality rates for head injury patients. According to Schneider, there is no medical reason for the weekend effect. Rather, it is caused by how hospitals operate during the weekend. Costs of care, types of injuries, and age of patients remained the same between weekend and weekdays, yet patients admitted to the hospital with head injuries during the weekend were 14% more likely to die from their brain injury than patients admitted during the week. This 14% figure remained the same, even when other factors that could have contributed to the fatalities was eliminated.

According to the study, almost 1.4 million people across the country each year require a hospital visit due to a head injury. About 235 000 of these patients require hospital care on an inpatient basis while 50 000 die of their injuries. Those who are over 75 years of age have the highest rate of hospitalization for this type of injury.

The research suggests that helping Miami head injury patients requires a 24/7 approach. Hospitals and clinics may need to change their policies to ensure that staffing levels and access to specialists remains the same, even during the night, on holidays, and during weekends. After all, Fort Lauderdale truck accidents and car accidents leading to serious head injury can occur at any time. Some research studies have suggested that Level 1 trauma centers may not have a weekend effect when it comes to head injury patients, since these centers have a specialized staff available around the clock. Taking patients to Level 1 trauma centers rather than local hospitals that may be understaffed during the weekend may be one way to reduce the risk of complications for Fort Lauderdale brain injury patients.

Continue reading →

Miami medical malpractice claims often result from devastating injuries, but one of the most devastating claims results from birth injuries. The birth of a new baby should be a time of celebrating for all families, but for families affected by negligence, the moment can quickly become tragic.

One of the most common situations leading to a Miami medical malpractice claim occurs when the oxygen to a baby’s brain is interrupted either before, during, or after the birth itself. This is known as birth asphyxia. Also known as hypoxia, the problem can become serious if it is not detected and treated at once. In cases where negligence occurs and a baby does not get immediate attention the result can be a serious Miami brain injury or serious damage to the baby’s heart, kidneys, lungs, or other organs. In cases where the problem affects the baby’s brain, the result can be a lifetime of developmental delays and serious brain injury that can prevent the child from leading a normal life. In some cases, birth asphyxia proves fatal.

According to experts, medical professionals use a fetal heart rate monitor, which can detect if there is a problem that could result in a baby’s brain not getting enough oxygen. In cases where an injury occurs and there is a Miami medical malpractice claim, the medical staff may not be paying attention to the monitor. In some cases, this is because the mother fails to get timely care during labor, while in other cases there is simply not enough attention paid to the monitor. In some cases, the data from the heart rate monitor may be misrepresented or the medical staff in charge may not respond quickly enough to help the infant. In all of these case, parents may have a Miami medical malpractice claim.

In cases where there is grounds for a claim, it is important for parents to contact a Miami personal injury attorney right away. An infant affected by birth asphyxia may require a lifetime of special medical care and home care. He or she may need additional help with school and may lose out on substantial income if they can never pursue a career due to their injuries. The cost of care for a child affected by birth asphyxia can amount to millions of dollars, and it is important for families to secure the best possible financial resources early on, so that they can provide their child with the best care possible. Florida law does allow families who have been affected by birth asphyxia to pursue a legal claim for medical costs and related expenses if the condition was caused by medical malpractice. A good Miami personal injury attorney will act quickly to gather evidence that the medical condition was caused by negligence.

Continue reading →

A recent report from the inspector general of the Department of Children & Families highlighted the dangers of medical negligence in cases where a patient is pregnant. The report highlights the case of a 34-year old woman being treated at Florida State Hospital in Chattahoochee. When the woman went into labor, medical staff ignored her because they falsely believed she was only 28 weeks into pregnancy. The staff even hung up on emergency personnel when the distraught woman managed to contact 911 herself. The inspector general of the Department of Children & Families found that the hospital where the woman was staying was understaffed, staff were not correctly trained to handle the situation, and the woman did not receive the care she needed. As a result, the woman’s child suffered severe birth defects.

Unfortunately, many pregnant women find that they and their families are devastated by birth injuries which are caused by negligence. There are many reasons why these situations happen:

1) Staff fail to listen to a patient’s concerns. In many cases, a woman’s claims that she is concerned about a symptom go unheeded. This can cause doctors to overlook that a patient is in labor or experiencing a complication. In most cases, when prompt help is not delivered in time the woman and the child may suffer permanent injury. In some cases, the child may not survive. In cases where medical staff should have investigated the symptom or should have been aware that something may be wrong, the surviving family may have a Miami medical malpractice lawsuit.

2) Miami misdiagnosis. In some cases, doctors are negligent and end up incorrectly diagnosing an underlying condition or possible complication. This can lead to fatalities or trauma to the unborn child or mother.

3) Incorrect medication or dosage. Women who are pregnant should not be given specific medication because it can cause harm to the unborn child. In cases where medication is needed, it is important for staff to check the safety of the medication as well as the correct dosage. When this does not occur, the patient may suffer serious injuries. In some cases, medication errors and negligence leads to fatalities.

Pregnant women rely on medical staff to help them deliver a child in the safest way possible. In cases where medical negligence or recklessness has caused an injury or a fatality, parents have the option of pursuing a Miami medical malpractice claim. This type of claim can help pay for medical costs related to the injury, lost income, and other expenses caused by the negligence. Miami medical malpractice claims are often necessary when a family has suffered this type of severe injury, since in many cases birth injuries cause a lifetime of medical expenses and care costs. However, proving a medical malpractice case is often complex and required an experienced Miami personal injury attorney. The attorney needs to investigate the situation, work with expert witnesses, and help the family evaluate the costs of the injuries. In addition, the attorney will need to prove that the injuries were caused by negligence or a wrongful act rather than just an accident.

Continue reading →

According to the Institute for Healthcare Improvement, an estimated 40 000 patients every day across the US are experiencing medical harm. In many cases, this medical harm comes from medical mistakes and preventable errors. According to one North Carolina study, there are 25.1 patient injuries in the US per 100 hospital admissions. According to a Health Grades study, nearly 200 000 Americans die each year due to preventable medical errors. This figure does not include drug interactions and side effects, which account for another 100 000 deaths annually, according to the organization.

Miami medical mistakes are common, simply due to the large number of people in the city. However, medical mistakes and misdiagnoses are also common throughout Miami-Dade county, Broward county, and across Southern Florida. There are many reasons for this:

1) Inadequate hand washing and hygiene. Hospitals and all health care settings are a perfect breeding ground for bacteria and infections. In fact, many superbugs and other serious infections develop or spread in hospital settings. While all medical professionals are taught about the importance of hand washing and hygiene, the actual practice of standards varies widely.
2) Incorrect medication or dosages. Medication in the wrong doses can lead to permanent injury or fatalities. Prescribing the wrong medication or pharmaceutical errors are also a leading cause of adverse effects in clinics and at hospitals.
3) Catheters. Catheters increase the risk of bladder and kidney infection. They should be used only if needed and should be removed as soon as they are no longer needed.
4) Lack of patient observation or monitoring. Miami slip and fall accidents occur to patients regularly, and can be especially dangerous for elderly patients. As well, bed sores and other symptoms of inadequate care are often reported by frustrated patients. If patients need to be in bed in the hospital for an extended period of time, they should be placed on an air flow mattress and their position should be shifted regularly. Bed sores can become large wounds and can even become infected, so it is important to ensure that they do not form.
5) Infections. Infections can easily occur after many medical procedures and surgeries. Proper monitoring, correct use of antibiotics, and frequent replacement of dressings can help reduce the risk.
6) Blood clots. Blood clots are a potentially serious complication which can occur after surgery or after a prolonged time of bed rest. Blood clots can be prevented by walking (where possible), pneumatic boots, and blood thinners. If a blood clot does develop, it can be fatal if it travels to the heart, brain, or lungs.
7) Cost considerations. In cases where doctors are overworked and facilities are understaffed, there is less time and fewer resources available for each patient. This can easily lead to mistakes as medical professionals rush to complete tasks that require a larger team of professionals.

There are many things you can do to help prevent Miami misdiagnosis and medical errors. Bring a trusted friend to medical appointments, for example, to act as an advocate. Ask plenty of questions and take an active role in your treatment. Write down instructions, the medications you have been given, and other details shared with you by medical staff.

Continue reading →

According to a report by the Office of Inspector General (OIG), every month one in seven Medicare patients hospitalized in the US experience a so-called “adverse event” because of preventable medical error. This amounts to 1.6 million Americans every year and 134 000 patients each month falling victim to medical mistakes. Some of these mistakes lead to permanent or serious injuries and in 180 000 thousand cases per year, the result of the mistakes is fatal.

Medical mistakes happen in every Miami-Dade county hospital, and they range from infections to incorrect medical prescriptions or doses, equipment failure, surgical mistakes, poor wound care, and other mistakes. Miami slip and fall injuries in hospitals and clinics also account for many patient injuries, especially among the elderly. According to the OIG and other experts, there are a number of things that patients can do to help prevent medical errors and adverse events when getting healthcare:

1) Maintain good health. Most doctors agree that the best way to avoid medical mistakes is to maintain good health so that less hospital care is needed. While Miami-Dade county hospitals take care to prevent errors and to provide safe environments, hospitals are by their very nature filled with germs and potential hazards. The less time you spend in them, the less likely you are to become a plaintiff in a Miami medical malpractice lawsuit.
2) If you do need medical or hospital care, go with a trusted friend or family member. This person can observe the care offered and help raise concerns as needed.
3) Insist that healthcare providers wash their hands or use a hand sanitizer and place fresh gloves on their hands before touching you. You should be able to observe this process. One of the fastest ways that infections spread in a healthcare setting is from healthcare providers to patients.
4) Ask lots of questions. Ask about tests, procedures, medications, and catheters. Make sure that they are required and ask about any side effects.
5) Make sure that any allergies you have are listed clearly on both your wrist band and your medical chart.
6) If you have dressings, make sure that they are not loose and do not emit a bad odor. If they do, you may have an infection or be at risk of one. Make sure that dressings are changed regularly.
7) Check the hospital’s rate of mistakes and complaints about the hospital before you check in. If you have the option, consider looking around for a Miami hospital with a good reputation for care.

If you have experienced an adverse reaction in hospital, you may need to seek medical redress. Even in cases where a medical mistake causes a longer hospital stay or expensive medical bills, patients and their insurers are often left with the bills. Florida law protects you. If the medical mistake in your case was caused by negligence or recklessness you can seek redress under Florida law in order to get a recovery that allows you to pay for the medical bills and lost income caused by the medical mistake. However, you will need a talented and aggressive Florida medical malpractice attorney to fight for your rights, as medical professionals and hospitals are protected by powerful insurance carriers. A good Miami medical malpractice attorney can gather evidence in your case and can ensure that you have a strong case.

Continue reading →

Just about everyone can make a mistake on the job, but when doctors make an error, it can lead to serious complications and even death. Each year, millions of Americans are affected by misdiagnosis and medical errors, and some of these errors cost lives. For families forever affected by a medical misstep, navigating the Florida legal system can be challenging.

Florida law does make provisions for patients who are affected by medical malpractice. This means that if a doctor or medical care professional has made a mistake caused by recklessness or negligence, the injured party has recourse to pursue a legal case against that professional. However, there must be proof that the misdiagnosis or error was caused by recklessness or negligence.

This can pose a challenge for a grieving family. In many cases, it is difficult to get proof of negligence or recklessness in cases of Florida misdiagnosis or medical error. Medical clinics and hospitals, worried about litigation, may not be willing to share records. Doctors may be unwilling to speak out about a colleague and many doctors are protected by medical staff, insurance carriers, and professional bodies who work very hard to keep doctors free from blame.

As well, the laws surrounding medical malpractice can be very confusing. For example, in April 2011, the Florida house approved a new bill which would make it harder to hold hospitals liable and would place the burden of evidence on plaintiffs in Florida medical malpractice cases. The bill would also place stronger punishments on doctors who give misleading or untrue testimony in court. Changes such as these to medical malpractice laws can also be confusing to those affected by medical errors.

It is for these reasons that it is important for families to consult a qualified Florida personal injury attorney if they feel they have a medical malpractice case. A good attorney can thoroughly investigate the claim, find doctors who are willing to act as expert witnesses, and can guide the family through the legal process. If you feel that you may have a Florida medical malpractice suit, it is important to speak with a qualified attorney. He or she can help you seek the support you need so that you can focus on recovering from the complication.

Continue reading →

Medical errors can happen just about anywhere. Each year, Florida personal injuries occur when healthcare professionals are negligent or when these professionals make an error. Medical malpractice suits are common when patients are injured at the hands of the medical professionals they trust. Patients have a great deal of power, however, when it comes to stopping negligence and mistakes:

1) Choose doctors carefully and work to establish good communication with your doctors. A good doctor or specialist is very important, so choose carefully. Ask for recommendations and make sure that your doctor or specialist is in good standing with a professional organization. Find out whether your doctor or specialist has any pending lawsuits against them. Interview a few doctors and specialists to find one who is caring and who is willing to listen to and answer your questions. Once you find the right doctor or specialist for your needs, work at maintaining good communication. Note down any medical history, any symptoms, and any medicine you are taking. If you have switched doctors, make sure that your medical records are forwarded so that your new physician has all the facts he or she needs to ensure quality care.

2) Review the basics. Often, medical mistakes happen because a health care professional does not review the basics – such as patient allegories, medical conditions, and medications. Each time you submit to a treatment or are given a new medication, be sure to ask whether the treatment or medicine is fine for you, based on your allergies, medications, and conditions.

3) Take good care of your health. A healthy lifestyle can help prevent many illnesses, ensuring that you need to rely on health care less.

4) Always get it in writing. If you get a diagnosis, test results, or instructions from a physician, write it down or get the doctor to write it down. That way, you can be sure you have your facts right.

5) Get to know your pharmacist and other health care professionals. Pharmacists can be crucial in helping you prevent medicine interactions and other problems. They can also offer an array of medical advice.

6) Get a second opinion. If you have been diagnosed with a serious illness or will need surgery, be sure to get a second opinion. This way, a second physician has a chance to notice any errors. Some Florida cancer misdiagnoses, for example, can be prevented with re-testing and a second opinion.

Continue reading →

Preventable medical errors are more frequent during holidays, weekends, nights, and during the winter and summer. While it is not always possible to decide when you will be in the hospital, if you have an elective procedure coming up, you will want to take precautions to minimize the risk of medical error and medical malpractice.

For example, in the medical profession it is known that medication errors and other preventable medical errors occur in academic hospitals across the country every July. This is known as “the July Effect” and occurs when new first year medical residents join academic hospitals during July. A study in the Journal of General Internal Medicine reports that when experienced hospital staff leave on vacation in July and are replaced by new residents, errors increase sharply. Locations without teaching hospitals, according to the research study, do not experience the same July effect.

Studies have shown that spring break, weekends, nights, summer vacation, long weekends, and holidays are among the worst times to be admitted to hospital. According to studies done, medical errors are more likely during these times because there is less hospital staff during these times and less experienced staff (staff with less seniority) are often on staff during these times. Some medical services may also not be available during these higher-risk times. These small changes can have a profound impact on patient results. According to research published in the CHEST, patients admitted on weekends to the ICU (Intensive Care Unit) at hospitals were 6% more likely to die than patients admitted during the week.

In addition to medical errors, patients need to be careful about Florida medical malpractice. Far beyond being just a mistake, Florida medical malpractice occurs when a doctor or health care professional is reckless or negligent in their duties, leading to personal injury or fatalities. Each year, Florida patients are killed or suffer serious Florida personal injuries and complications due to medical malpractice. However, Florida malpractice suits are very hard to prove, because it is often difficult to prove that a case involves negligence rather than simple error. A qualified Florida medical malpractice attorney is needed in these cases.

There are many things that patients can do to help prevent malpractice and medical error. Patients have rights in hospitals, for example, and should speak up to demand those rights. For example, patients should ask medical professionals to carefully explain all treatments, options, and diagnoses. Patients should also ask medical professionals to wash their hands and don new gloves when treating them. Many patients find it useful to bring a friend with them, who can jot down information and answers to questions.

Continue reading →