Riviera Beach Medical Malpractice
Medical procedures, in general, can be a cause for a certain amount of stress and anxiety. There’s the procedure, itself, for one. The idea of having your body “cut open” by a doctor conjures up an unpleasant image for most of us. Then there’s the possibility that something might go wrong during the procedure. Other types of medical procedures can be just as stressful. This can even include the medications that have been prescribed. And, finally, the recovery period can bring numerous challenges. In addition, most of this is completely out of your control. Now add to this, the experience of having to deal with a Riviera Beach medical malpractice doctor error and you have a scenario that you would never want to encounter.
Unfortunately, the reality of a medical error is far more common than you may think. Of course, this is in no way indicative of poor training or incompetence on the part of a doctor and the supporting medical team. But accidents do happen and, sad to say, many of them are avoidable. This may lead to extensive suffering and pain for the patient, along with certain financial repercussions.
If you (or a loved one) have been the recipient of a medical malpractice doctor error, then compensation for your damages may be the only fair result of this situation. This is where a Riviera Beach medical malpractice physician can assist you in determining if there is a cause to file a lawsuit in order to compensate for any damages that have come about. An experienced medical malpractice attorney should have the resource of a board-certified doctor who can try to assist in the evaluation of your circumstances. In addition, a Medical Malpractice Attorney will be able to advise you on how to proceed should there be a need to file a lawsuit against a doctor or a hospital/clinic.What are Some of the Most Common Medical Errors That are Made?
Some of the more common medical malpractice doctor errors may include:
A blatantly incorrect diagnosis may have been given, which resulted in the wrong procedure/medication for the patient. For example, the patient may have been given a diagnosis that neglected to specify a cancerous growth that is easily seen in diagnostic imaging. By the time that the cancer was finally determined, it may have been too late for the patient.
A medication was prescribed that would clearly have adverse reactions based on the patient’s medical history. By not taking the medical history into account, the patient experienced a worsening of their condition.
An incorrect surgical procedure was performed due to not correctly verifying what procedure is scheduled. There have been cases in which the wrong limb was amputated. While overworked hospital staff may be the reason given for the mistake, the proper verification procedures are in place in order to prevent that from happening. This happens more than you might think! You can see here where the wrong foot was amputated.
Incorrectly sterilized medical equipment may lead to problems associated with infection and the infection’s after-effects.
Anesthesia errors can occur, leading to a number of problems. One of the worst ones is a situation in which the patient actually wakes up during the surgery. However, the patient is immobilized and can’t indicate that they are awake and feeling every bit of the surgery. The result can feel like one is being dissected alive! Another problem can occur when not enough oxygen gets to the patient’s brain due to a wrong anesthesia dose. This can lead to severe brain damage.
Damage to organs and nerves can be the result of incorrectly used medical tools such as a surgeon’s scalpel. The severing of a nerve or tendon can lead to devastating consequences that may affect internal organs as well as affect mobility, etc.
Surgical implements can be left inside a patient after surgery. This error can include sponges, swabs, tools, etc., which are left inside a patient resulting from an incorrect accounting of surgical implements. This can lead to internal blockages or it may even be fatal.
The laws in Riviera Beach will allow for an individual to file a lawsuit against; physicians, surgeons, hospitals, clinics and medical staff when there is a case which involves medical malpractice. However, disputes have arisen involving the definition of the “standard of care”. Part of the reason for this has to do with the fact that the law doesn’t require practitioners of medicine to be flawless. Some people might be surprised at this since the common thinking is that a surgery, for example, should have the desired outcome. If that procedure doesn’t, then it must be the fault of the medical practitioners involved. But, in truth, there are cases in which medical practitioners are not held responsible for negative medical outcomes or injuries.
It’s understood by legal authorities that each medical situation is made up of different factors. It is also understood that in order to evaluate a medical case, things such as how the doctor proceeds and the available medical equipment will need to be taken into account.What are the Riviera Beach Statutes Regarding Medical Malpractice?
There are a number of state statutes that govern medical standards and what can be deemed to be 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.
Generally speaking, professional medical personnel are known for strictly adhering to the accepted standards and procedures set down for medical care. Even so, errors will come about from time to time. Some of the things associated with these potential surgical errors may include:
The planning performed prior to the surgery was inadequate – It’s standard procedure to close review the patient’s medical history and note any known medication reactions. In addition, this will also reveal any potential risks associated with the procedure.
Surgical skill is lacking – While it’s true that doctors must go through years of school and subsequent evaluation in order to be certified as a qualified surgeon, it doesn’t mean that all surgeons are equal. There are some who don’t possess the amount of surgical skill needed in order to be considered “competent” for a specific procedure when compared to a surgeon who is considered to be “competent”.
Improper care of surgical instruments – This can relate to a failure to properly to correctly sterilize surgical tools or using tools that are considered defective. The results can include; infections and various life-threatening reactions.
Working under less than optimal physical conditions – Surgeons and other medical staff member can work for extended hours in a day. Some of these staff members have been seen to turn to drugs as a way to perform for those long hours. The problem rests with the fact that staying awake doesn’t mean that one’s judgment is still valid. In other cases, addiction to drugs and/or alcohol can also interfere with a team member’s performance.
Seek out assistance as soon as possible. Your health should always be you first priority. If pain is involved, immediately go to the hospital/clinic.
Request copies of all your medical records and keep all of your medical information in one file (including bills). You should also keep a personal journal of all your medical appointments and log down what the physician has said to you.
Keep in mind that the statute of limitations is usually only 2 years from the time of the malpractice. So you will want to seek the advice of a medical personal injury attorney as soon as possible. Their initial consultation/evaluation is free of charge and they can let you know how you should proceed.
Keep in mind that medical malpractice may evolve into a debilitating condition that may affect you for the rest of your life. There is also the possibility of lost income and further medical expenses that you may not have planned on. Before dangers to you current and future health get out of hand, take the time to speak with an experienced medical malpractice attorney, serving Riviera Beach. They can advise you how to seek restitution if the case should call for it.Enlist a Personal Injury Lawyer to Protect Your Rights
Seek the advice of a Medical Malpractice personal injury attorney, who can try to assist in obtaining the best care and compensation that you rightfully deserve. Therefore, when you or a loved one are injured due to medical malpractice, contact a dedicated personal injury attorney.
Discuss your case with a Medical Malpractice Personal Injury Attorney Serving Riviera Beach Today! Turn to Frankl & Kominsky for comprehensive legal guidance. Call (561) 800-8000 or use our Contact Form to set up a free consultation.