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Medical malpractice involves medical mistakes by a health care provider, whether it is a doctor, hospital, nurse, dentist, medical/dental office or staff. When these professionals make a mistake that causes injury to a patient, this is what is commonly known as medical malpractice. This is exactly the time to contact an experienced Miami medical malpractice attorney or Orlando medical malpractice attorney.

In Florida, medical malpractice cases are governed by a series of complex statutes known as the Florida Medical Malpractice Act, under Florida Statutes section 766.

These laws form the basis for bringing medical malpractice cases but are just a small part of the law that is involved in malpractice in Florida. There is a short two year statute of limitations (legal deadline) for bringing malpractice cases in Florida.

There are complex laws and regulations that must be met before even bringing a medical malpractice case in Florida. It is essential that if you feel you might have a medical malpractice case you should immediately consult a qualified, experienced malpractice attorney in Miami or your area.

How big is the problem of medical malpractice in America?

Recent studies have found that as many as 440,000 people are killed each year because of preventable medical errors in the United States.

In a 2005 study of 39 million patient records, 241,280 deaths during Medicare hospitalizations were attributable to one or more common preventable medical errors. Interestingly, only 1 out of 10 medical mistakes end up being brought as a malpractice case. 

In May 2016 Johns Hopkins University reported the results of a study showing that medical mistakes are now the third leading cause of death in the United States.  That is astounding for an industry which claims to be here to heal the sick and injured.

How do you define medical malpractice?

There are actually several ways a medical malpractice event can take place. As a general rule, any medical doctor that conducts practices that are out of the ordinary and out of the standard of the medical field could be considered medical negligence or malpractice, if you have been in a situation where you feel your doctor conducted in a manner that could be considered malpractice, then you should contact a local lawyer to help you with your case. If you are based in Miami, then consult a Miami medical malpractice lawyer as soon as possible.

Most common medical malpractice examples:

  • Delay in diagnosis 

A delayed diagnosis malpractice is where a patient didn’t receive treatment on time and as a result his health condition got worse. When this happens the doctors and hospital are responsible in cases where the delay caused the patient permanent injuries or damage or is severe cases even death.

  • Medication error malpractice

It has been estimated that half of all hospitalizations result in a medication error. Medication errors frequently result in tragedy. For example, if a patient is given two medications that are not supposed to be given together, it can cause serious injuries.

Another example is if a patient is given too much of a commonly administered medication which can sometimes lead to severe bleeding.

  • Misdiagnosis medical malpractice 

This is one of the most popular examples of medical malpractice. When a patient visits the doctor the first thing that usually happens is that the doctor gives him a diagnosis of his condition. If for some reason the doctor gives an incorrect diagnosis or even just an improper one, the continued treatment could be wrong for the patient and in some cases can even cause real damage.

As you can see, the first step of the diagnosis is very important and a doctor who misdiagnose can be held responsible if any damage occurs to the patient as a result of misdiagnosis by his part.

If you have been misdiagnosed by a doctor in Miami and had damage as a result, be sure to get in touch with a Miami medical malpractice attorney.

  • Lack of staff

You might find this surprising, but many hospitals are severely under staffed. They work without enough medical staff in each shift that is required and the number of people being checked in is a lot of times much more than what they can really handle.

This leads to a situation where every staffer has too much responsibilities and not enough time to handle them all in a proper way, this leads to mistakes. When mistakes happen in a hospital the patients suffer and usually this will lead to a medical malpractice case being filled against the hospital.

  • Surgical errors 

Usually, the last thing you want is to have to go under the knife. Having surgery is a complicated procedure, and if you can avoid it by getting treatment in other forms like medicine or alternative ways, you would probably do that.

In the US and Miami, it’s quite common that surgical mistakes happen, and this too is considered a medical malpractice.

When errors like these happen they can cause serious damage and health problems like internal organ damage, infections and even cause death.

  • Problems during anesthesia administration  

Another form of medical malpractice is where problems occur during the anesthesia process before surgery. Anesthesia should always be admitted by a medical professional. There is an entire field in the medical world dedicated to this area and the person who is responsible for admitting it to patients is called an anesthesiologist.

The anesthesiologist will examine the patient medical history before starting the process, he will also take note and look at any medication and any allergies that the patient may have. There are many thing the anesthesiologist must do before admitting the patient with a combination of drugs that will put him under for the duration of the operation.

This person is also responsible to monitor the effects of the drugs given, if anything goes wrong during this whole event, in many cases will lead to a medical malpractice issue.

  • Unnecessary surgery medical malpractice 

Yet another common cause of medical mistakes are unnecessary surgery. When a doctor misdiagnoses his or her patient and orders an operation when it is not really needed, this may be a clear cut case of malpractice. Why? Because any surgery is a traumatic experience to the body and to your mental state. If the surgery was not truly indicated, you have been subjected to the trauma of an operation, anesthesia, infection and more. Plus there was an actual cost for the health care that was unnecessary.

There are many types of misdiagnosed surgery requests that end up being totally unnecessary and the patient pays a high price for the negligence of his doctor.

  • Lack of proper supervision

When you’re in a hospital or a clinic you are giving away your health and safety to those in charge. As a patient who most likely does not understand much about medicine, at least not like your doctor, so these places are expected to follow strict rules and regulations to keep you safe.

When someone drops the ball, or a workflow or system falls out of place and people get hurt, it is an obvious sign of negligence or malpractice.

What should I do if I was a victim of medical malpractice?

Well, if you’re based in Miami, you should definitely contact our law firm as a leader in the Miami medical malpractice attorney firms space. Together we will help you better understand your rights and needs and provide a comfortable environment to move forward.

What kind of medical malpractice damages can you recover?

It really is different with every case, but depending on the injuries you suffered as a result of a medical negligence or malpractice event, you may be entitled to economic, non-economic and punitive damages. Here are a few good rule of thumbs:

1. Cover of past and future medical expenses

This will usually include all past medical bills you paid or have, all current medical expenses you have and also future expenses that may come. ER visits, medical devices, doctor appointments and more.

2. Loss of earning capacity

If as a result of the medical negligence you suffered you are forced to take a leave of absence or worse unable to resume work completely, you may be entitled to compensation of the wages you would have earned before the injury.

3. Loss of consortium

This is the case where the spouse of the medical malpractice victim may be entitled to damages and compensation because of the loss of her partner and sexual relations. These are more common in case there’s a permanent or life-changing injury.

4. Pain suffering

Well, this will usually go without saying, this will be a compensation for your physical and mental pain you suffered as a result of the malpractice. They will be decided based on the nature and magnitude of your injuries, these will most likely include issues like stress, depression, fear and anxiety.

Why Leighton Law is the perfect Miami and Orlando medical malpractice lawyer to represent you

Miami medical malpractice attorney - john leighton

Medical malpractice requires negligence on the part of the health care provider.  Leighton Law specializes in representing victims of medical mistakes. Founding partner John Elliott Leighton is a board certified trial lawyer who is skilled at representing victims of medical mistakes in Miami.

He has won some of the largest verdicts in settlements in Florida in medical malpractice cases. He is a charter member of the Cooperative Association of Medical Malpractice Lawyers and is a member of the Association of Trial Lawyers of America’s Birth Trauma Litigation Group, Professional Negligence Section, and Medical Negligence Information Exchange Group. He regularly teaches other lawyers about how to handle and try medical malpractice cases, and has won some of the largest verdicts in Florida medical malpractice cases including a record-setting verdict for $24 million.  See our representative verdicts and settlements to get a better idea of the recoveries we have obtained for our clients throughout Florida and around the country.

Many families trust their cases to Mr. Leighton because of his combined understanding of the complex medical issues, his skill in the courtroom, and his status as a leader among Miami medical malpractice attorneys. Mr. Leighton regularly publishes articles on how to avoid being injured by a medical mistake and how to stay alive in the hospital.

As a result, defendants frequently choose to settle cases before facing a jury. Mr. Leighton recognizes that no two cases are the same, helping clients to determine the most appropriate course of action for their medical malpractice cases. For example, where an out-of-court settlement may be the most prudent choice for one client, a medical malpractice trial may be better for another.

Regardless of the nature of the malpractice, it is critical to review these matters promptly, since every case is governed by a statute of limitations. In Florida there is a short two-year statute of limitations for medical malpractice cases.

This means that if you have an ORMC malpractice, Florida Hospital malpractice, HCA, Tenet or Baptist Hospital medical malpractice case, the case must be brought within that time period or it may be forever barred. And those cases must be brought in the proper venue (location) and against the correct parties.

Interviewing and retaining Miami and Orlando medical malpractice attorneys early in the process is highly advised.

Contact us today to get started.

Disclaimer: The information about past verdicts and settlements of the firm’s cases are based on the unique facts of each case. These amounts reflect the gross recovery in each case (before attorneys fees, expenses and medical costs are deducted). Although these results were obtained by our firm, they may not indicate the success or value of any other case as each case is unique. By clicking on Verdicts and Settlements you are acknowledging that every case is different and each case must be evaluated on its own merits. The information contained here has not been reviewed or approved by The Florida Bar.