Fort Lauderdale Medical Malpractice Attorney

SURGICAL MISTAKES

The though of a surgeon operating on the wrong body part may sound like the plot of a horror movie. Nevertheless, nearly 2,500 patients experience this event as their reality each year in the United States. An additional 200 to 300 patients each year receive medically unnecessary surgeries as a result of the surgeon operating on the wrong person. Performing an unnecessary procedure as a result of mistaken patient identity and operating on the wrong body part are examples of more common surgical errors and mistakes. Nearly 75 percent of surgical errors occur during the patient’s surgical procedure while the remaining percentage takes place during the preoperative or postoperative care periods. The deadliest errors often involve misuse of anesthesia, which may result in brain death before healthcare staff are able to take action to provide curative treatment. Other examples of surgical errors and mistakes include:

• leaving surgical instruments and other foreign objects in the patient’s body;
• damage to Nerves;
• punctured organs;
• infections.

Example: If a patient is admitted to the hospital to have a surgical procedure performed and he or she develops a staph infection as a result of medical staff not properly cleaning and dressing the patient’s surgical wound, the patient may sue for malpractice. Secondary infections are not uncommon in hospital settings; however, in this case, there is a direct connection between the medical staff’s failure to perform their duty of providing proper postoperative care to the patient and the patient developing an infection.

DEFECTIVE OR BAD DRUGS

Some drugs and medical devices may have known side effects. Nevertheless, patients are entitled to a reasonable expectation that a prescribed treatment will help the patient more than cause harm. However, manufacturers are sometimes able to bring drugs and devices to the market without properly testing to determine the potential for long-term complications. The result may be severe patient side effects or even death in some cases. Injured patients, or in cases that result in a patient’s death or becoming otherwise incapacitated, certain surviving family members may file a claim to receive compensation for the patient’s injuries. In order to prevail in an action against a drug or medical device manufacturer, a personal injury lawyer for the injured party must establish a link between the defective drug or device prescribed by the patient’s doctor and the severe side effect the patient experienced.

Example: Sometimes, doctors may mass prescribe new drugs that are touted as medical breakthroughs, and patients later discover the drug has severe, undisclosed side effects. for example, patients who are prescribed a drug to treat migraines may later file suit if it is discovered that the drug exposes users to a heightened risk of developing melanoma. Those who develop melanoma may receive compensation for damages and expenses including treatment and lost wages. If the resulting melanoma causes the death of some patients, their family members may file a claim to be compensated for other damages, including loss of companionship.

LABOR / DELIVERY NEGLIGENCE

In some cases, a medical professional or facility may deviate from providing an acceptable standard of care and cause injury to a mother or child during labor or delivery. Common mistakes during labor and delivery include:

• inaccurately assessing risk to the mother and/or child;
• failure to recommend C-section when appropriate;
• causing nerve damage to the mother due to improperly inserting an epidural needle;
• failure to adequately monitor an unborn child for signs of stress or asphyxia;
• causing shoulder dystocia or brachial plexus injury as a result of tugging on a baby’s shoulder during birth.

Parties who are injured as a result of labor and delivery negligence may sue for medical bills, special equipment and housing, loss of income, future medical expenses, child’s disability, and pain and suffering. A personal injury lawyer for the injured party must prove the doctor caused the patient’s injury by breaching a duty the doctor owed to the patient.

Example: Medical technology has advanced to prevent a mother from passing certain infections on to her child during delivery. Examples of these infections include strep, e. coli, and a variety of sexually transmitted diseases with which the mother may have been diagnosed prior to conceiving the child. If the hospital fails to take proper precautions to identify or treat the infection in the mother and the child is infected as a result of exposure during birth, the mother may file suit on the child’d behalf to receive compensation for the injury to the child’s health.

SPINAL CORD & BRAIN INJURIES

Medical malpractice may result in a brain or spinal cord injury in several different ways. In some cases, medical staff may fail to properly monitor a patient who may be especially susceptible to slipping and falling due to age, injury, or medication that causes dizziness. Misdiagnose may cause a delay in treating a condition that may negatively affect the central nervous system if left untreated. A surgical error such as accidentally injuring the brain or spinal cord while performing surgery in an adjacent area may cause injury to the central nervous system.

Example: If a patient has a tumor that is operable, but the medical provider unnecessarily delays the procedure, the tumor may spread and affect other parts of the body. Tumors in or near the neck and head may spread to the neck and head, causing injury to the central nervous system. If a patient experiences a spinal cord injury or brain damage due to an operable tumor that is left to spread, the patient may file suit for his or her injury, additional treatment, lost wages for additional time off work, and possibly for other limitations imposed by his or her disability.

DIAGNOSIS & TREATMENT ERROR

Many medical malpractice lawsuits allege a medical professional or healthcare facility misdiagnosed a condition or delayed treatment to the extent that the delay resulted in injury to the patient. In these cases, a doctor’s decision may lead to incorrect diagnoses, delayed diagnosis, or no diagnosis at all, which may result in severe injury or even death if the patient’s condition remains mismanaged or untreated. Diagnosis and treatment errors are especially common in emergency room settings as patients often visit emergency rooms in pursuit of immediate answers in urgent situations. The fast pace of the emergency room setting also lends itself to a greater likelihood for mistreatment and misdiagnosis. While a diagnosis and treatment errors does not necessarily automatically constitute a legal cause of action, patients may receive compensation if they are able to establish their doctor behaved in a manner that was negligent and caused injury to the patient.

Example: A doctor may prescribe a new drug to a patient because he or she, in his or her trained, informed medical opinion, believes the drug is better suited than others to treat the patient’s condition. However, if, for example, the doctor fails to inform the patient, who happens to be a smoker, that the new treatment has a risk of causing severe hypertension in patients who smoke, the patient may file a claim if he or she develops high blood pressure and and has a stroke after taking the medicine.