Medical Malpractice Lawyer in Fort Lauderdale FL
Medical malpractice happens when a health care professional or provider neglects to provide you with the appropriate treatment, omits to take appropriate action, or gives a level of sub-standard treatment that can cause harm, injury, or even death to a patient.
WHAT IS MEDICAL MALPRACTICE?
Medical malpractice or negligence typically involves a medical error. Whether that be in the form of a diagnosis, medication dosage, health management, treatment, or aftercare. If you or a family member has been a victim of medical malpractice that could mean that you have the chance to recover compensation for any harms that have been resulted from medical malpractice or negligence.
According to the Medical Malpractice Center, in the United States, there are between 15,000 and 19,000 medical malpractice suits against doctors every year. A hospital, doctor, and other health care professionals are expected to provide a certain standard of care. According to malpractice lawyers in the U.S., for medical malpractice to be considered there are a few factors that must be involved. And those are:
- Failure to provide a proper standard of care
- An injury that results from negligence
- The injury must have damaging consequences like suffering, hardship, constant pain, a considerable loss of income, and/or disability
Some types of errors and malpractice can include:
- Misdiagnosis or failure to diagnose
- Unnecessary or incorrect surgery
- Premature discharge
- Failure to order appropriate tests or to act on test results
- Not following up with patient
- Prescribing the wrong dosage or the wrong medication
- Leaving items inside the patient’s body after surgery
- Operating on the wrong part of the body
- The patient has persistent pain after surgery
- Enduring fatal infections that were acquired in the hospital
- Pressure ulcers, or bedsores
WHY SHOULD I HIRE A MEDICAL MALPRACTICE LAWYER?
Medical malpractice lawyers are trained and licensed in the area of medical malpractice. They deal with these types of cases daily and are experienced and skilled to handle all the technicalities that are required to navigate your case in the courtroom and to prepare the legal groundwork beforehand.
A medical malpractice lawyer will be able to correspond with insurance companies and complete paperwork with the precision that will be able to help accelerate your case through the legal process. Working with a lawyer could increase your chance of compensation.
A lawyer will be able to do what is necessary to negotiate the best settlement possible for you. Understanding the necessary legal and medical language to argue your case well is a skill that a medical malpractice lawyer will possess, which will make fighting for your case easy on you so you can focus on your or your family’s overall well-being. Consulting with a medical malpractice lawyer is the first step in understanding your next steps.
MALPRACTICE AGAINST CHRONICALLY ILL PATIENTS
A Fort Lauderdale FL medical malpractice lawyer knows that chronically ill adults are often overlooked or outright mistreated by the medical care system in the United States. However, because their needs are somewhat extraordinary, many physicians are held to have acted within the standard of care even if a negative outcome results in the patient. In other cases, it is held that chronically ill patients may require more effort to meet the ordinary standard of care. Either way, this does not change the fact that a physician can still be held liable for malpractice with regards to a chronically ill patient, despite their unique challenges.
PRONE TO EXPERIENCE MEDICAL ERRORS
Studies have shown that for a variety of reasons, chronically ill patients in the United States do not receive optimal care, at least not by standards in other nations. One major study found that patients in this country are the most likely to forego care due to excessive costs, and also to experience medical errors and badly managed or coordinated care (for example, duplicating tests or being made to wait long periods of time for appointments).
Approximately 34 percent of chronically ill patients reported medical errors or negligence in their care, compared to as low as 17 percent in Dutch patients and 19 percent in German patients in the study.
As a Fort Lauderdale FL medical malpractice lawyer can explain, access to care is also a problem for the chronically ill in the United States, and it can be argued that a lack of access to care may constitute a breach of duty in certain situations. In the above study, approximately 60 percent of patients reported visiting an emergency room for care they said would have been treatable by a regular physician if an appointment had been available. Only Canada reported a higher value, at 64 percent.
UNUSUAL THRESHOLD FOR INJURY
Another common way in which malpractice is committed against the chronically ill is when their potential susceptibility to injury or negative outcomes is misjudged. A pre-existing condition may be aggravated, or a new one may be created due to a misunderstanding of a person’s physical health. Legally, it is recognized that a chronically ill person may suffer an injury where a healthy person would not or suffer a worse injury. This is referred to as the “eggshell doctrine.”
In other words, if a chronically ill plaintiff experiences a negative reaction to a medication that a person of average constitution would not, it still means that the doctor may be liable for malpractice if it can be determined that they breached the standard of care. A doctor may not sit back on probabilities when a patient’s health is at stake; if harm is suffered, and it can be proven that it was directly related to the medical professional’s conduct, it is more likely than not that the doctor will be held liable. A skilled Fort Lauderdale FL medical malpractice lawyer can help a chronically ill patient that has been a victim of malpractice pursue damages for their injuries.
HOW TO CONTACT A MEDICAL MALPRACTICE LAWYER
Medical Malpractice Lawyer Fort Lauderdale FL
Having a baby is often an amazing journey, but if you suspect that your baby was injured during the birthing process, then reaching out to a medical malpractice lawyer in Fort Lauderdale, FL may be in your best interest. When things go wrong in the delivery room, despite the medical and technological advances, it can be devastating. A once healthy baby could have suffered a serious injury.
Sadly accidents do happen, and there is very little you can do to prepare yourself for them. There are normally various factors present in the pregnancy or the labor that would signal to the medical staff that something could go wrong during delivery. If these signs are missed, they could lead to several different types of birth injuries.
Common Types of Birth Injuries
There are five common types of birth injuries that can occur, and while this isn’t a full list it does cover the most common types. Here are the most common types:
The first type is brain injuries. There are various types of brain injuries that could happen, and they are:
- Bleeding in the brain
- Bleeding in the area where spinal fluids are produced. Often this is in babies whole are born early or have a low birth weight.
- Bleeding in the area between the arachnoid membrane and the brain cover
- Beeding between the skull and the skull cover, which can cause a bump on the head that can last for several months
- Lack of oxygen or blood to the brain during delivery which can result in mental and physical issues. The problems can range in severity depending on the amount of time the brain was deprived of oxygen or blood.
The second type of injury is damage to the peripheral nerve. This type of injury can prevent arm and hand movement. Typically this type of injury will improve over time but if the nerve was torn during the birthing process then it may never function correctly.
The third type of injury is damage to the rainal nerve and the spinal cord. This can result from improper rotating, pulling, and stretching of the baby during birth. This can result in facial paralysis or other spinal cord injuries.
The fourth type of injury during birth is bone fractures. This typically happens during breech births or when the infant is large in size. Babies are born with 300 bones that fuse together to make the 206 bones we have as adults. These bones are soft and can break easily, causing serious injury if not caught.
The fifth and most uncommon injury is an intra-abdominal wound. This is a blunt abdominal injury that can cause serious damage to the baby’s liver and other organs. If not treated and caught this can result in the death of the infant.
Most of these injuries can be prevented with proper care and attention from medical providers. If any of these injuries have happened to you and your baby, you should reach out to a medical malpractice lawyer in Fort Lauderdalel, Florida for help today.