10 most common types of medical malpractice in Florida
Posted By Darrigo & Diaz
Preventable medical errors are the third leading cause of death in the United States—just behind heart disease and cancer. Each year, more than 200,000 hospitalized patients in the United States die due to mistakes in care. This amounts to a third or more of all people who die in the hospital.
When a hospital, physician, or clinic causes harm to a patient due to errors in judgment, treatment, or inaction, it is known as medical malpractice. In the state of Florida, healthcare providers must meet a certain standard of care when treating patients. If this standard of care is not met, legal action may be warranted.
Medical malpractice can happen in any healthcare setting and can involve physicians, nurses, staff, and administration. However, medical malpractice often goes unnoticed or is purposely hidden in an effort to protect an organization or clinic from lawsuits. Therefore, it’s important to recognize the signs of medical malpractice in the event you suspect something has gone wrong with your treatment or care. In this article, our Tampa Bay personal injury attorneys share the 10 most common types of medical malpractice in Florida.
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10 common types of medical malpractice: What to look for
Below, we provide the 10 most common types of medical malpractice in Florida. However, if you suspect you or a loved one are a victim of medical malpractice, the best thing you can do is contact an experienced medical malpractice attorney in your area. At Darrigo & Diaz, our attorneys specialize in medical malpractice cases throughout Tampa Bay and the west coast of Florida. If you are concerned about the recent care you received or believe you have a medical malpractice case, contact us immediately at (813) 774-3341 or through our secure online form to request a free consultation.
1. A missed or incorrect diagnosis
A missed or incorrect diagnosis is the most common type of medical malpractice in Florida. According to a new report released by the Johns Hopkins Armstrong Institute Center for Diagnostic Excellence, an estimated 371,000 patients die and 424,000 are permanently disabled each year because they are incorrectly diagnosed across a range of medical care settings.
A missed or incorrect diagnosis can be considered medical malpractice if the doctor should have identified a condition or disease that a competent doctor would have recognized. Examples of a missed or misdiagnosis are misinterpreting test results, failing to order appropriate tests, or ignoring or dismissing a patient’s concerns without further investigation.
2. Surgical errors
In a recent report, Fierce Healthcare found that surgical errors account for one-quarter of all claims against negligent care providers. Surgical errors are serious indicators of medical malpractice and can include operating on the wrong body part, leaving surgical instruments inside a patient, or making mistakes that lead to excessive bleeding, infection, or complications.
3. Medication errors
Medication errors are also a common type of medical malpractice in Florida. These errors can include being prescribed the wrong medication or receiving an inappropriate dose. It can also occur if a healthcare provider fails to check for drug allergies or interactions or if a healthcare organization gives the medication to the wrong patient. Signs of medication errors can be adverse reactions, allergies, worsening of a condition, or death.
4. Anesthesia errors
Anesthesia errors are dangerous and can lead to serious injury or death. Common types of anesthesia-related medical malpractice include administering too much or too little anesthesia, failing to monitor the patient’s vital signs during the procedure, or failing to consider the patient’s medical history as it relates to the specific type or amount of anesthesia used.
5. Failing to obtain informed consent
In the state of Florida, all healthcare providers must obtain informed consent from a patient before administering treatment or performing medical intervention or surgery. Note, in some emergency situations, if the patient is unable to give consent, a hospital may be permitted to administer life-saving care if deemed necessary and appropriate.
However, as it applies to routine care or procedures, a healthcare provider should inform you of the risks, benefits, and alternatives. This is known as “informed consent.” If you were not made aware of the potential risks of a procedure or were given misleading information, and you suffer harm as a result, you may have a medical malpractice case.
6. Unexpected medical outcomes
It’s important to understand that not all negative or unexpected medical outcomes are indicative of medical malpractice. However, some situations may suggest medical negligence or errors. For example, if you undergo a surgery intended to resolve an issue and the condition worsens, this may be a sign of medical malpractice. Another example is if you develop symptoms or adverse reactions that are unrelated to your initial treatment.
7. Inadequate follow-up care
After procedures, hospitalizations, and medical interventions, healthcare providers have a responsibility to provide adequate follow-up care. This includes monitoring your conditions, providing clear after-care instructions, and addressing any complications that arise in a timely manner. If your healthcare provider fails to provide appropriate follow-up care and your condition worsens or new issues arise, you may have a medical malpractice case.
8. Hospital negligence
In Florida, hospitals can be held liable for medical malpractice if their operations and conditions fall below an appropriate standard of care. Common signs of hospital negligence include understaffing that leads to neglect, unsanitary conditions that result in infections, or lack of proper training of healthcare personnel that leads to patient harm or injury.
9. Delay in treatment
If your healthcare provider delays treatment and your condition worsens, you may have a medical malpractice case. Examples of this include emergency room delays that lead to adverse outcomes, failure to refer a patient to a specialist in a timely manner, or making a patient wait an unreasonable amount of time for a critical procedure or test.
10. Lack of communication
Effective and consistent communication between healthcare providers and patients is critical. Poor communication can lead to mistakes in care, such as failing to convey important test results, failing to adequately explain treatment plans, or ignoring patient concerns or symptoms. If you feel like your healthcare provider is not listening to you or delivering clear information, and you incur harm, you could have a medical malpractice case.
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Do you believe you are a victim of medical malpractice?
Call the Florida Medical Malpractice Attorneys at Darrigo & Diaz for a free consultation at (813) 774-3341
Medical malpractice can be challenging to identify, but being aware of these common signs can help you protect yourself or a loved one from further harm. If you suspect that you’ve been a victim of medical malpractice, it’s essential to seek a second opinion from another medical professional and consult with an experienced medical malpractice attorney.
At Darrigo & Diaz, our personal injury attorneys specialize in medical malpractice cases throughout Tampa Bay and the west coast of Florida. Senior Trial Attorney Andy Steingold recently joined Darrigo & Diaz, bringing over 37 years of experience in medical negligence, nursing home abuse, and wrongful death cases. His expertise in these types of cases enables our team to thoroughly investigate abuse claims, protect clients from retaliation, and fight for the compensation and justice you deserve.
Contact us immediately through our secured contact form. Or call our office at (813) 774-3341 to schedule your free, no-obligation consultation and connect with an experienced and knowledgeable Florida injury lawyer.