Articles Posted in Medical Malpractice

The decision to pursue a Florida medical malpractice lawsuit is a difficult and painful decision. It also usually occurs at a very difficult time. Usually, these legal actions occur after a loved one has been misdiagnosed or has received the wrong treatment at a medical care facility. Both misdiagnosis and medical malpractice can devastate families. They can lead to death, permanent injury, or serious complications. In many cases, a medical practitioner’s negligence or recklessness can cause immense pain as well as considerable medical bills, lost income, and other costs. When dealing with these challenges, it can be difficult to decide whether to seek legal action. In general, patients ask themselves the following questions before deciding:

1) Did the misdiagnosis or negligence lead to a serious injury or condition which resulted in lost wages, medical bills, and other damages? In most cases, Florida medical malpractice suits can move forward only if the patient has suffered due to a misdiagnosis or due to negligence.

2) Was there negligence or recklessness involved? In a Florida medical malpractice case, the plaintiff’s attorney must often show that a medical professional acted in a reckless or negligent manner, rather than simply making an honest mistake. A qualified Florida personal injury attorney will often investigate the case thoroughly in order to find any evidence of negligence.

3) Would another medical professional reasonably have acted differently? In many cases, a good Florida medical malpractice attorney will strive to show that a reasonable medical professional would have acted differently than the defendant, thus proving that negligence may have taken place. An attorney may call expert witnesses to the stand in order to prove this.

Often, it can be difficult to decide whether negligence or recklessness has taken place. In some cases, medical facilities attempt to minimize or hide possible problems and patients may not know enough about medical practice to be able to identify negligence. Often, discussing a suspected case of Florida misdiagnosis or medical malpractice with a qualified Florida personal injury attorney is the best option. A qualified Florida attorney is experienced enough to know whether a case is strong and meets the requirements for legal action. A good attorney can also advise a victim of their rights and ensure that a victim of medical malpractice does not inadvertently sign away any rights.

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Veterans and sometimes their families may choose to be treated by VA hospitals and facilities, which are managed and overseen by the Department of Veteran Affairs (VA). As with any medical facility, there is the risk of medical negligence or injury at a VA hospitals. Sometimes, veterans and their families sustain serious or permanent disability due to an incorrect diagnosis, incorrect medication dosage, and other errors. These medical errors and this type of medical negligence can lead to fatalities, brain injuries, paralysis, and other complications.

When veterans or their families are injured as a result of possible malpractice, there is a federal law in place to offer protection. This law, the Federal Torts Claims Act (FTCA), allows veterans and their families to US government in a malpractice suit. It is a good idea for veterans affected by possible malpractice to contact a qualified personal injury attorney after an injury at a VA medical facility. While the FTCA protects veterans and their families, the requirements for filing under the FTCA are quite complex.

Before a veteran can file a claim under the FTCA, he or she must make an administrative claim against the VA clinic, hospital, or facility which caused the injury. This claim must state in full the amount of damages being sought. To make this claim, you need to complete Standard Form 95, available through an attorney or some government agencies.

Deciding to pursue a medical malpractice suit is often a very difficult decision. In these situations, there is often a strong sense of betrayal because we all trust medical professionals to make us better and when we sustain injuries or harm at the hands of a doctor or health care professional, there is usually a host of conflicting feelings involved. As well, the physical pain and suffering caused by a medical mistake or malpractice can often make it difficult to focus on legal matters.

When deciding whether to pursue a medical malpractice suit, it is a good idea to consider liability, damages, and payment. Liability refers to whether someone is legally responsible for your injury and whether their negligence caused your injury or current condition. To determine liability, you need to determine what the standard of care is in cases such as yours and whether that standard was followed. If that standard was not followed, you need to show that that omission lead to your injury.

If you can prove that negligence caused your injury and that someone is liable, you will need to determine what damages you are entitled to. You may seek damages to cover lost income, pain and suffering, and medical costs. How much in damages you can seek will depend on how much your injury affects your quality of life and your job. You also need to determine who will pay the damages and whether they can pay. Usually, an insurance company for a doctor or hospital will take care of damages.

When medical mistakes happen, the consequences can be dire. Fatalities, head injuries, burn injuries and other serious personal injury can occur when medical practitioners make errors. When health professionals are negligent or reckless, causing mistakes, victims can seek help. The law provides redress in these cases that can be vital in giving a victim the resources to seek medical attention and help for the complications caused by the error.

Unfortunately, many victims are not aware of their rights and, in fact, are not always certain when medical malpractice has taken place. Some red flag signs of medical malpractice and error include:

1. A worsening of your condition. It may take some time for your condition to improve with treatment. However, health care professionals should give you a sense of how long you may need to wait to see improvement. If within that timeframe you have not seen improvement or if you have gotten worse, seek a second opinion.

Although the medical industry often claims that medical mistakes are not very frequent, research suggests otherwise. According to one Harvard University study, 95 000 people are killed across America each year due to medical malpractice in hospitals. This does not take into account the many people who sustain head injuries, unnecessary amputations, permanent injury, brain injuries, burn injuries and other permanent or serious injuries due to medical mistakes and recklessness. According to a U.S. government study, 10% of physicians need discipline dues to recklessness or negligence, although only six-tenths of one percent of physicians are actually disciplined. This means that the vast majority of unsafe medical professions are still allowed to treat other patients. Often, it is only a tragedy that takes a life that results in discipline.

Although many instances of medical malpractice cannot be prevented because they happen outside of the control of patients – in labs, for example – there are many warning signs that patients can observe. Florida personal injury attorneys with experience in medical malpractice suggest that patients can prevent problems by:

1. Selecting their family doctor carefully. Do research and ask medical professionals as well as friends or family for referrals. Talk to previous patients of your doctor and schedule an interview before you select your doctor. Ask lots of questions about experience, education and procedures. Look for a doctor who is caring, experienced, honest, and board certified. Your family physician will be making many care decisions and will also be in a position to notice medical errors and possible red flags when you are referred to someone else. Look for a doctor who has a clean and organized office and an affiliation with a hospital. This will ensure that medical treatment runs smoothly and will cut your risks of injury and medical mistakes. Also, contact with local court record and the state medical board to determine whether your physician has been sued for malpractice. While everyone can make a mistake once or twice – or be the target of a frivolous lawsuit — multiple suits are a definite warning signs.

2. Taking charge of your own health. Health care service providers are there to provide a service – you are still in charge. Despite this, many patients willingly surrender all their medical care decisions because they assume that doctors are more educated or know more. This can increase the chances of mistakes. Always ask plenty of questions and do your own research into your health conditions and your medication. If your own research uncovers something that gives you pause, ask your doctor about it right away. Consider writing all your questions down and brining a copy of these questions with you to appointments – that way, you won’t overlook anything.

3. Being proactive about lab results. Many people assume that if they don’t hear back from their doctor about test results, that means that there was no problem. Some doctors even tell patients that they will only be contacted in the event that something is wrong. This is a troubling practice, because it can mean that human error – someone forgetting to make a phone call – can postpone diagnosis and treatment. Always schedule a follow-up to discuss test results. Also, do not be shy about asking that tests be sent to a hospital or certified lab. These tend to offer more reliable results than doctors’ laboratories. Most important of all, if you continue to have symptoms even though a test result came back negative, request a second test be done. Many tragedies happen due to lab error.

4. Being careful about surgeries and treatments. If you need surgery, a medical treatment or any other procedure, get lots of information before agreeing. Ask about the procedure, recovery times, risks, benefits and alternative treatments. If your doctor does not have the time to answer all of your questions, find another doctor. Unnecessary treatments and surgical mistakes are a key cause of medical malpractice. Be sure to learn as much as you can about your surgeon and about the staff who will be helping him or her. If you are not comfortable with the surgeon or doctor who will be performing the procedure, do not hesitate to request another professional. If you need surgery, have the surgeon mark the area that will be operated on with pen shortly before the procedure. Wrong-site surgeries are a very common – and very preventable – problem at many hospitals.

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Of all medical malpractice cases, few are as tragic as those cases involving birth injuries or birth trauma. Some couples spend years planning for and anticipating becoming parents. When a health care provider’s negligence or recklessness causes a birth injury or birth trauma, parents are often faced with extreme grief at a time when they also have to deal with in the medical, financial, and legal consequences of the incident. Worse, birth injuries can lead to a lifetime of pain and difficulty. Some children who do not receive proper treatment at birth suffer lifelong disabilities or injuries. Some do not survive their first few weeks of life. In addition, some mothers experience severe complications when neonatal care is not adequate.

A birth injury or trauma is defined as an injury that occurs to an infant during birth. One of the most common birth injuries occurs when a delay in delivery deprives the unborn child of oxygen. When this occurs, a child may sustain brain injuries or may suffer from cerebral palsy, erbs palsy, or other injuries.

Besides delayed delivery, other common injuries at birth include:

1) Cephalohematoma. This occurs when the area between a bone and its covering starts to bleed. In most cases, a few hours after birth this is noticed as a lump on the infant’s head.

2) Caput Succedaneum. This injury occurs when the tissues of a baby’s scalp swell significantly. Usually, this injury occurs when babies are delivered by vacuum extraction. While in some cases, the swelling goes away and causes no further problems, some babies develop bruising in the area and may even suffer permanent injury.

3) Forceps marks. When forceps are used incorrectly, they can leave marks or bruises on a baby’s head and face. In some cases, they can cause birth trauma as well.

4) Facial Paralysis. In some cases, the facial nerve can be injured during delivery, especially in cases where forceps or vacuum extraction are used. Usually, this injury is evident at once because a crying baby with facial paralysis cannot close his or her eyes and cannot move one side of his or her face. Where a facial nerve has been torn, an infant may need surgery to correct the problem.

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There are many types of medical malpractice cases quite common in Florida: prognosis misdiagnoses, surgical negligence, birth injury, anesthesia malpractice, contaminated blood, and injury from prescription drugs. Injuries resulting from these cases can lead to fatalities, brain injuries, permanent disability, spinal cord injury, and many other types of serious ailments.

By definition, medical negligence, or medical malpractice, as it is sometimes known, occurs when a health-care provider does not act responsibly or reasonably, causing harm or injury to a patient. Unfortunately, medical malpractice is widespread. According to the Institute of Medicine, up to 90,000 people die every year in US hospitals because of medical mistakes. This makes medical mistakes a leading cause of death among Americans. More than 1.3 million patients are injured each year because of medication errors alone.

One problem that occurs when victims try to fight back against medical malpractice is that medical mistakes are sometimes posited as simply mistakes. Also, strong insurance policies for medical practitioners as well as a health-care providers’ determination to stick up for one another sometimes makes it difficult for victims to find out exactly what happened when a loved one sustained a serious injury or even died as a result of negligence.

In Florida, as well as other states, malpractice lawsuits often stem from the fact the patient is given the wrong medicine. Doctors giving patients the wrong medicine, according to the National Coordinating Council for Medication Error Reporting and Prevention, is a very preventable but one can cause patients incredible harm. Thousands of people, especially older persons and minors, suffer from serious personal injury every year as a result of medication errors. Mistakes with medication can cause complications, infections, and can even make some people less resistant to superbugs. Large doses of incorrect medication can even kill.

Because of the large numbers of medical errors in this country, the Food and Drug Administration has instituted rules to reduce medication errors. One of the initiatives of the FDA is to install bar codes on medicines in order to make them easier to identify. More careful documentation has also been helpful. Many pharmacies now automatically double-check a patient’s records and dispense pamphlets of information about specific drugs to help patients make the right decisions about their care.

However, there are also many things that Florida patients can do to help prevent Florida malpractice suits stemming from incorrect medication. In many cases, lack of communication is a key problem that leads to medical errors. It is important for patients to communicate well with their families, nurses, and physicians so that everyone has the information they need in order to make the right medication choices. For example, physicians always need to be reminded about any medication that a patient is currently taking. Physicians, nurses, and other health-care workers should be reminded always about allergies, doses, and about the height and weight of the patient. Many patients hesitate to questioning their health-care workers, but it is perfectly acceptable to confirm whether a specific dose of a specific medication is right for the patient and to check that a newly-prescribed medication will not interact with other drugs.

Florida patients should also communicate well with other health-care workers. They should always ask with the name of the drug they are being prescribed, the side effects possible with the drug, how often and in what manner the drug should be taken, and the purpose of the drug. Patients should never leave the doctor’s office without understanding exactly how the medicine should be used and what it is. If there are any questions, it is better to speak to pharmacist or make a follow-up appointment rather than risk an error. A good physician should take time to answer all patient questions and to clarify any concerns. If you have trouble interpreting your doctor’s hand writing, ask the doctor to print out or type out the information about your medication. Poor handwriting accounts for many medication errors.

When patients go to the pharmacy to pick up their prescription, they should bring along all the drugs they are currently taking. Have the pharmacist look over the medicines currently being taken and confirm that the new medication will not interfere with any of the current medications. When the medication is dispensed, patients should check to make sure that the name on the prescription matches the name of the drug on the bottle. If there are any questions or concerns, it is important that patients not hesitate, but instead contact a health professional right away.

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Medical errors caused by negligence or oversight are a common cause of serious injury and illness across the country. These errors can range from mistakes made in surgery to misdiagnosis to incorrect prescriptions. Medical errors cause fatalities as well as a host of serious personal injuries. In many cases, they lead to wrongful death suits or other lawsuits. There are many things that patients can do, however, to reduce the chances of medical error. Experts suggest that all patients:

1) Ask lots of questions. Patients should clarify the prognosis, diagnosis, and treatment for their condition with their physician. Doctors sometimes assume that patients understand more than they do, and this can lead to mistakes. Also, do not assume anything. If tests are being run or treatment being administered, ask for the details. Ask what to expect and why the treatment or tests have been chosen. Ask about alternatives and the pros and cons of each one. Finally, if you have tests run, be sure to follow up and ask what the results are.

2) Take extra precautions when having surgery. Discuss your surgery with your doctor and surgeon to ensure that everyone is clear on what procedures will be performed. The American Academy of Orthopaedic Surgeons goes so far as to suggest that surgeons sign their initials directly on the area to be operated on. This reduces the risk of wrong-site surgery and ensures that everyone knows what sort of surgery will be performed.

3) Ask to have one primary doctor in charge of care. In hospitals or in long-term care, many healthcare professionals are sometimes involved. While this can improve quality of care, it can also increase the chances of miscommunication or mistakes. Having one person in charge can ensure that one person you trust is in charge of major decisions.

4) Repeat information as often as necessary. Not every health care worker will read charts carefully or mark down information the same way. Always advise each new healthcare professional you encounter in your treatment about your allergies and conditions as well as the medications you are taking. Consider wearing a medical alert bracelet containing relevant information as well.

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Naples, Florida has been the site of a very involved medical malpractice case. Gastroenterologist Dr. Michael Marks is being sued by Melvin Dill. The case stems from the fact that Marks performed a colonoscopy on Judith Dill. Dill’s husband, Melvin Dill has launched a medical malpractice claim, alleging that Marks’ procedure caused complications that lead to Judith Dill’s death.

The charges stem from 2003. On April 4, 2003, Judith Dill went to what is now Downtown Naples Hospital but what was at the time known as Naples Community Hospital. Dill lived with her elderly father each winter in Bonita Springs, which is why she attended the Naples hospital.

On April 4, Judith Dill had a successful total knee replacement surgery. However, a few days later Dill was ill, vomiting and expiring nausea. Dill had a history of feeling ill after anesthesia. To address the symptoms, Marks, of Consultants in Gastroenterology, was consulted about the case on April 8. On April 9, Marks performed an endoscopy. On April 12, her performed a colonoscopy. After this second procedure by Marks, Dill aspirated and vomited repeatedly.