Medical Malpractice Lawyer Serving Jupiter
Anyone who has ever undergone a medical procedure, especially one that involves surgery, will understand how this situation can elicit a certain amount of anxiety. With surgery, the first thing that may come to mind is the idea that a doctor is going to “cut open” your body while you are completely unaware of what is going on. This feeling of helplessness can be quite profound and then there’s always the chance that something may “go wrong”.
This could lead to a medical malpractice hospital errors and even death that could affect you for the rest of your life. If something like that happened, how would you be able to support you and loved ones or be useful to your family in other ways?
While invasive medical procedures, such as surgery, may lead to a physical disability later on, there are many other medical procedures that can also carry a great amount of risk. Just the fact that the wrong type of prescription can be given may lead to serious consequences and even death in some circumstances.
The hard truth behind these fears is that, indeed, medical mistakes happen on a regular basis. While it’s true that doctors and other medical personnel are generally highly trained professionals, mistakes can happen. Dealing with these medical errors can be extremely complicated and confusing – especially if you’re suffering the negative effects of a medical error. The truly tragic part is that many of these medical errors can be easily avoided by following correct procedures that were somehow overlooked.
If you have become injured due to a medical error, then you should receive the proper damages that may mitigate some of the after effects. This is the reason why it is essential that you seek the advice of a medical malpractice attorney, serving Jupiter, who can assist you in understanding what your available options are when it comes to seeking the compensation that you deserve.
An experienced medical malpractice injury attorney could possibly have the resources needed in order to obtain the evaluation of a board-certified physician when it comes to evaluating your case. Should there be a need to file a medical malpractice lawsuit, then the attorney can handle the necessary paperwork and legal obligations. This will allow you to focus on getting better rather than dealing with a large number of legal requirements.Ask A Jupiter Injury Lawyer: Do I have a claim for Medical Malpractice?
A with most circumstances involving medical procedures, each situation can be different. But, there are set guidelines that indicate whether or not medical malpractice has been committed. These guidelines include:
- Medical procedures, along with drug prescriptions, can carry the risk of negative effects for the patient. Just because a person might experience a bad reaction to a procedure or prescribed drug doesn’t mean that things were done incorrectly. If it’s determined that the correct procedures were followed, then there may not be a reason for filing a lawsuit, even if there was a poor outcome.
- The first thing that needs to be shown, when deciding whether or not a medical malpractice lawsuit is appropriate, is that the medical procedure in question directly resulted in the harm that is/was experienced by the patient.
- It also needs to be shown that the doctor and/or supporting medical personnel acted in a manner that is considered negligent, which led to the harm inflicted on the patient. These negligent actions could be; anesthesia errors, surgical instruments that were left inside the patient, improperly sterilized instruments, etc.
- There was no formalized doctor-patient relationship in which the effects of the medical procedures were outlined properly to the patient.
Some of the most common medical malpractice errors include:
- An incorrect diagnosis that would be considered obvious by the medical community. As a result of the incorrect diagnosis, the wrong procedure/medication was assigned to the patient, resulting in harm. One example of this can be a situation in which an obvious cancerous tumor was overlooked during imaging diagnosis and the patient was sent home. By the time that the cancer had revealed itself, further, it was too late to be effectively treated.
- Incorrect medications were prescribed that would have obvious negative effects on the patient due to preexisting conditions documented in the patient’s medical records. Due to the fact that the medical record information was overlooked, the patient suffered adverse reactions to the prescription that was given.
- The wrong surgical procedure was performed due to the medical team not verifying the correct patient just prior to surgery. This has occurred more times than you might think. For example, there have been occasions in which the incorrect limb was amputated. Of course, things of this nature could easily be attributed to a tired, overworked staff. But this would be an incorrect assumption. That’s because there are definite procedures in place in order to keep these types of things from happening, no matter how fatigued medical professional might be at the time. They just didn’t follow the correct procedures. You can read here where the wrong foot was amputated.
- Medical equipment that was incorrectly sterilized can lead to serious infections with dire consequences.
- Errors in anesthesia may lead to a number of different problems. For example, if the patient is given too high of a dose, their breathing rate may become too relaxed, which can lead to respiratory failure or there may not be enough oxygen provided to the patient’s brain. One of the more grim problems can occur when the patient suddenly becomes mentally alert during the operation, but is unable to signal the problem. Since they can feel everything that’s happening, it’s like being dissected alive!
- Damaged nerves and organs can occur when the surgeon has improperly utilized their scalpel or other medical tools. Situations such as these may lead to loss of feeling and mobility. In addition, major internal organs can also be affected.
- Surgical equipment left inside a patient can happen when a count is incorrectly performed during surgery. The result of this miscount can be internal blockages that may even lead to a fatality.
These occurrences all speak to a breach of the proper “standard of care” that is expected when it comes to medical diagnoses and procedures.Statute of Limitations for Medical Malpractice Claims in Jupiter
There are a number of Jupiter statutes which govern medical standards and what can be considered medical malpractice. These include:
- When an investigation is being conducted regarding medical malpractice surgical errors, all copies of bills, films, reports and pertinent records that are related to the surgery (defined in s. 456.001) must be made available, upon request, to the parent, spouse or child who is filing the lawsuit and the lawyer who is assisting them. (3)
- s. 766. 102 also indicates that malpractice may be declared if a personal injury was not within the scope of foreseeable surgical or medical procedure results (2) (a)
- s. 766, 111 states that health care providers that are licensed according to chapter 458, chapter 459, chapter 460, chapter 461, or chapter 466 are not allowed to; provide, procure, order or administer unnecessary tests for the purpose of diagnosis. These items must be in accordance with the reasonable calculation to assist the medical professional with the diagnoses of a patient’s medical condition.
- Medical negligence is outlined in s. 766. 102 in which the recovery of damages pertaining to the death or personal injury that has been defined in s. 766.202(4), must be evidenced by a break of the current professional standard of care.
When considering the medical profession, it’s clear that personnel who work in it are dedicated professionals who are known for strictly adhering to the procedures and standards that are set down by their industry. In any case, however, there are bound to be errors that surface from time to time. The causes that may lead to some of these errors can include:
- An inadequate amount of planning was performed before surgery. Needless to say, it’s a standard practice to review a patient’s medical history prior to performing surgery. This includes taking not of any type of medications that can cause negative reactions. Doing this will alert the physician to any potential risks that may be involved with the procedure.
- The necessary surgical skill is also a requirement. There are numerous years of schooling and careful observations prior to a doctor becoming certified to be a surgeon. Improper storage and sterilization of medical implements can lead to problems. If medical tools are not carefully sterilized, according to accepted standards, then they can carry germs that may lead to subsequent infections. These infections can require additional medical care and can even be life-threatening.
- Operating under poor physical conditions can compromise a surgical staff member’s ability. If a surgical staff member is trying to perform in a medical procedure, while under the influence of drugs or alcohol, devastating consequences can be the result. The same holds true for those who are too fatigued due to lack of staff members.
- The first thing that your need to do is to take care of yourself. This means that you should obtain medical help as soon as you can.
- Obtain all of you medical records to include bills and any follow up appointments that you may have had. Keep all of your medical records in one main location in your home in order to prevent having to look for them later. This is important, since hospital medical records have been known to “disappear” on occasion.
- Remember that the statute of limitations when it comes to filing for a medical malpractice lawsuit is just two years (with certain rare exceptions).
- Schedule a visit with an experienced medical malpractice personal injury attorney as soon as you can. The initial consultation is free and you could receive some valuable information regarding your options.
If you or a loved one become injured due to a Florida medical malpractice incident, it is advised that you seek medical care and the advice of a medical malpractice personal injury attorney. Discuss your case with a Medical Malpractice Personal Injury Attorney Serving Jupiter Today! Turn to Frankl Kominsky for comprehensive legal guidance. Call 561-800-8000 or use our Contact Form to set up a free consultation.