Medical Malpractice Attorney – Stuart, Florida Personal Injury and Workers' Compensation Attorneys

Understanding Doctor Malpractice: What You Need to Know in Florida

Medical malpractice is a complex area that includes instances where a healthcare provider fails to maintain the standard of care, resulting in harm to the patient. Florida has specific laws and regulations for medical malpractice claims. Understanding these laws is vital for anyone considering a medical malpractice lawsuit in Florida. At Ehrlich & Naparstek, we specialize in dealing with these complexities to help our clients seek justice.

What constitutes medical malpractice?

Medical malpractice occurs when a health care provider, such as a doctor, nurse, or hospital, fails to provide care that meets the accepted standards of the medical profession and that failure results in harm to the patient. This may include errors in diagnosis, treatment, aftercare or health management.

Florida Medical Malpractice Laws

Florida has special laws that apply to medical malpractice cases. These include statutes of limitations, which set the time limit for filing a lawsuit, and caps, which limit the amount of compensation a plaintiff can receive. Our team at Ehrlich & Naparstek is very familiar with these laws and can guide you through the legal process.

Medical malpractice evidence in Florida

To prove medical malpractice in Florida, a plaintiff must prove that the health care provider owed a duty of care to the patient, that the provider breached that duty by failing to maintain a standard of care, that that breach resulted in injury to the patient and that the patient was injured as a result. Our experienced attorneys can help you gather the necessary evidence and build a convincing case on your behalf.

The role of Ehrlich & Naparstek in medical malpractice cases

At Ehrlich & Naparstek, our attorneys play a critical role in medical malpractice cases. We help our clients understand their rights, gather evidence, navigate the legal system and represent them in court. Our goal is to help our clients get the compensation they deserve and hold negligent healthcare providers accountable. If you believe you may have been a victim of medical malpractice in Florida, contact Ehrlich & Naparstek for a consultation.

Claims handled by our Florida medical malpractice attorneys

At Ehrlich & Naparstek, we understand the complexities and challenges associated with medical malpractice cases. Our team of experienced Florida medical malpractice attorneys offer extensive experience and in-depth knowledge of the intricacies of medical malpractice law. We fight for the rights of people who have been affected by medical negligence.

With our thorough understanding of medical malpractice law, we are equipped to handle a variety of claims. Our expertise extends to various aspects of medical torts, enabling us to provide our clients with comprehensive legal support. We know that every case is unique and we tailor our approach to the specific circumstances and needs of our clients.

Here are some of the types of claims we handle:

pharmacy error
Treatment failure
misdiagnosis of cancer
Misdiagnosis of a heart attack
Misdiagnosis. wrong diagnosis
Radiological misdiagnosis
Misdiagnosis of stroke
Missing consent statement
Dealing with Negligence
Error leading to brain damage
anesthesia error
birth injuries
amputation injuries
surgical errors
emergency department
Negligent medication errors
Nursing home or assisted living facility

Types of medical malpractice: Common forms of medical malpractice

surgical errors

Surgical errors can occur in different types of surgery, from minor outpatient surgeries to complex and extensive surgeries. These mistakes can have serious consequences for patients, resulting in longer recovery times, additional surgeries, and sometimes permanent damage. Understanding the types of surgical errors that can occur is critical to identifying potential risks and supporting patient safety.

Examples of surgical errors

Performing an operation on the wrong part of the body
Surgery on the wrong patient
Leaving surgical instruments or sponges on the patient's body
Giving too much or too little anesthesia
It causes nerve damage during surgery
Accidental cuts or punctures to organs or tissues
Bleeding during surgery is not properly controlled
Injury to adjacent organs or tissues during an operation
The patient's vital signs are not monitored during the procedure
Failure to provide appropriate post-operative care, such as B. preventing infections or blood clots

Negligence in the ER: When Immediate Care Fails

Negligence in the emergency room is a serious problem that can have devastating consequences for patients who need it urgentlyItimely and appropriate medical care. This form of medical malpractice occurs when health care providers in emergency rooms fail to provide patients with the care they need in a timely and appropriate manner. One of the leading causes of negligence in the emergency department is misdiagnosis. This occurs when a healthcare provider misjudges a patient's condition or fails to diagnose a serious illness or injury. A misdiagnosis can lead to inappropriate treatment or a delay in receiving necessary treatment, which can worsen the patient's condition and potentially lead to further harm or even death.

Examples of negligence in the emergency room

Failure to perform appropriate diagnostic tests
A patient's condition is not properly assessed
Failure to timely treat
Misdiagnosis or delayed diagnosis of a disease
Medication errors such as B. the administration of wrong drugs or doses
Failure to order necessary medical procedures or procedures
Failure to recognize and address any potential complications or side effects of treatment
Failure to obtain informed consent from the patient or family members
Discharge of patient too early or without proper follow-up instructions
Failure to properly train or supervise emergency department personnel.

Addressing the challenges of medication errors

Medication errors are a significant risk to patient safety and can occur at various stages of the medication process, including prescribing, dispensing, and administering medications. These errors can cause serious harm to patients if not detected and corrected in time. Understanding the relationships between medication errors is crucial to implementing preventive measures and ensuring patient well-being. Medication errors can start as early as the prescribing stage, when healthcare providers make decisions about the type, dosage, and frequency of medications to administer.

One of the most common prescribing errors is prescribing the wrong drug when a healthcare provider mistakenly selects the wrong drug for a patient's condition. This may be due to factors such as illegible handwriting, similar drug names or insufficient verification procedures. Another common mistake is prescribing an incorrect dose, meaning not accurately determining the correct amount of medication required. This can lead to underdosing, resulting in ineffective treatment, or overdosing, which can lead to adverse effects and potential harm to the patient.

Examples of medication errors:

Giving the wrong medication
Providing incorrect dosage instructions
Filling the prescription with the wrong dose or form of medicine
Giving medication to the wrong patient
Mislabeling of medications
Possible drug interactions or contraindications are not recognized
Failure to identify patient allergies or other conditions that could affect drug safety
Providing incorrect or insufficient information about the drug to the patient or health care provider
Medicines are not stored or handled properly
Failure to comply with any applicable law, regulation or industry standard relating to the practice of pharmacy

Examples of pharmacy errors:

Giving the wrong medication
Providing incorrect dosage instructions
Filling the prescription with the wrong dose or form of medicine
Giving medication to the wrong patient
Mislabeling of medications
Possible drug interactions or contraindications are not recognized
Failure to identify patient allergies or other conditions that could affect drug safety
Providing incorrect or insufficient information about the drug to the patient or health care provider
Medicines are not stored or handled properly
Failure to comply with any applicable law, regulation or industry standard relating to the practice of pharmacy.

Misdiagnosis– A failed diagnosis occurs when a health care provider fails to recognize a medical condition in time. This can lead to delayed treatment, which can lead to serious health complications or even death.

Examples of medical failure to diagnose:

Misdiagnosis
Delayed diagnosis
Failure to pass appropriate examinations
Improper test execution, leading to inaccurate results
Mishandling of test results
No second or third opinions are obtained for complex diagnoses
And other related issues

Treatment failure– Treatment failure occurs when a health care provider does not provide appropriate treatment for a diagnosed condition. This can worsen the condition or become life-threatening.

Examples of medical malpractice in treatment:

Failure to timely diagnose a medical condition
Delaying any necessary medical treatment or procedure
Failure to provide appropriate medical intervention or treatment
A patient's condition or progress is not properly monitored
Failure to refer a patient to a specialist or other health professional when necessary
Discharge of patient too early or without proper follow-up instructions
Failure to initiate appropriate medication management or dosage adjustments
Failure to obtain informed consent from the patient or family members for any necessary treatment or procedure
Possible complications or side effects of the treatment are not recognized and not treated
Failure to properly train or supervise health care workers.

Misdiagnosis– A misdiagnosis occurs when a health care provider misdiagnoses an illness. This can lead to delayed, inappropriate or no treatment.

Examples of misdiagnosis medical errors:

Misdiagnosis of medical condition
Delay in correct diagnosis
It fails to diagnose a medical condition at all
Misinterpretation of diagnostic test results
The necessary diagnostic tests are not ordered
Don't take a complete medical history or a thorough physical exam
Failure to consider all possible medical conditions that could explain the patient's symptoms
Relying too much on initial assumptions or preconceptions when making a diagnosis
Do not seek a second opinion if the diagnosis is unclear or complicated
Failure to properly train or supervise medical personnel.

Misdiagnosis of cancer- A misdiagnosis of cancer can lead to delayed treatment, which can lead to serious health complications or even death. Some of the most common misdiagnoses of cancer include misinterpreting diagnostic imaging, misidentifying a tumor as benign, or not performing the necessary tests or biopsies.

Examples of cancer misdiagnoses are:

Misdiagnose cancer as a benign disease or vice versa
Delaying the diagnosis and treatment of cancer, leading to more advanced stages of the disease
Failure to order or not perform necessary diagnostic tests such as biopsies or imaging studies
Incorrect interpretation of the results of diagnostic tests such as mammography or pap smear
The possibility of developing cancer in patients who may not fit the typical profile, such as B. Younger patients or those without a family history of the disease are not considered
Failure to recognize atypical symptoms of cancer, which can vary depending on the type of cancer
The diagnosis does not take into account the patient's medical history, risk factors and symptoms
Relying too much on initial assumptions or preconceptions when making a diagnosis
Do not seek a second opinion if the diagnosis is unclear or complicated
Failure to properly train or supervise medical personnel

Misdiagnosis of a heart attack- A misdiagnosis of a heart attack can lead to delayed treatment, which can lead to serious complications or death.

Examples of mistakes in misdiagnosing a heart attack:

Misdiagnosis of a heart attack as a less serious condition such as indigestion or anxiety
Delay in diagnosing and treating a heart attack, leading to more severe damage to the heart muscle
Failure to recognize atypical heart attack symptoms, which may be more common in women and older adults
Incorrect interpretation of diagnostic test results, such as B. electrocardiogram (ECG) or blood tests
Failure to perform necessary diagnostic tests, such as B. a stress test or an angiogram
The diagnosis does not take into account the patient's medical history, risk factors and symptoms
The possibility of a heart attack in patients who may not fit the typical profile, such as those with diabetes or high blood pressure, is not considered
Relying too much on initial assumptions or preconceptions when making a diagnosis
Do not seek a second opinion if the diagnosis is unclear or complicated
Failure to properly train or supervise medical personnel.

Radiological misdiagnosis- A radiological misdiagnosis can occur when a health care provider misses or misinterprets medical imaging results, resulting in inappropriate treatment.

Examples of incorrect radiological diagnoses:

Incorrect interpretation of radiological images such as X-rays, CT scans or MRIs
No anomalies or alterations can be detected in the images
Mislabeling or confusing images of different patients
Failure to order or perform necessary imaging studies
The possibility of a rare or unusual disease is not taken into account when interpreting images
When interpreting images, a patient's medical history, risk factors and symptoms are not taken into account
Rely heavily on initial assumptions or preconceptions when interpreting images
Do not seek a second opinion if the interpretation of the images is unclear or complicated
Imaging equipment is not properly maintained and calibrated
Failure to properly train or supervise medical personnel performing and interpreting radiological examinations.

Misdiagnosis of stroke- A misdiagnosis of a stroke can lead to delayed treatment, which can lead to serious complications or death.

Incorrect strokes include:

Misdiagnosing a stroke as a less serious condition such as migraine or dizziness
Delay in stroke diagnosis and treatment, leading to more severe brain damage and possible long-term disability
Failure to recognize atypical stroke symptoms, which may be more common in women and younger patients
Incorrect interpretation of diagnostic test results, e.g. B. a CT scan or an MRI
Failure to perform necessary diagnostic tests such as carotid ultrasound or angiography
The diagnosis does not take into account the patient's medical history, risk factors and symptoms
Not recognizing the signs and symptoms of a transient ischemic attack (TIA), which is a temporary disruption of blood flow to the brain that can herald a stroke
Relying too much on initial assumptions or preconceptions when making a diagnosis
Do not seek a second opinion if the diagnosis is unclear or complicated
Failure to properly train or supervise medical personnel.

Missing consent statement– Patients have the right to make informed decisions about their medical treatment. Failure to obtain patient consent before a procedure is performed can lead to a medical malpractice claim.

Negligence due to lack of consent includes the following:

Failure to disclose to a patient the risks and potential complications of a medical procedure or treatment
Insufficient information about the benefits and alternatives of the proposed procedure or treatment
Failure to obtain informed consent from a patient before performing any medical procedure or treatment
Do not give the patient enough time to review the information provided and ask questions before agreeing to the procedure or treatment
Forcing or pressuring a patient to consent to a procedure or treatment
Failure to obtain consent from the patient's legally authorized representative, such as a family member or guardian, when the patient is unable to provide informed consent
Failure to disclose the identity and qualifications of the medical personnel performing the procedure or treatment
The patient is not informed of potential conflicts of interest, such as B. Financial relationships between the health care provider and the manufacturer of the device or drug used in the procedure or treatment
Failure to document the informed consent process in the patient's medical records
Failure to comply with state or federal laws and regulations regarding informed consent.

Nursing home or assisted living facility negligence– Negligence in nursing homes or assisted living facilities can include neglect, abuse or failure to provide appropriate medical care.

The Types of negligence that can occur in a nursing home or assisted living facility:

Failure to provide adequate medical care or medication
Neglecting adequate nutrition and fluid intake leads to malnutrition or dehydration
It is not possible to prevent falls and injuries such as broken bones or head injuries
Inadequate support for daily activities such as bathing, dressing and personal hygiene
Neglect to prevent the development of subsidence or subsidence
Chronic conditions such as diabetes or high blood pressure are not properly monitored and treated
Failure to provide adequate mental health care or avoid abuse and neglect by staff or other residents
Neglecting to ensure a safe and clean living environment leads to the spread of infections and diseases
Failure to provide appropriate social activities and interactions to prevent social isolation and depression
Failure to comply with state and federal regulations regarding staffing, training requirements, and quality of care.

Medical error leading to brain damage– Medical errors, such as giving the wrong drug or the wrong dose, can lead to life-altering or even fatal brain injuries.

Medical negligence for medical brain injuries includes:

Administration of incorrect medication or dosage
Inadequate monitoring of vital signs during a surgery or medical procedure results in a lack of oxygen to the brain
Delayed diagnosis or treatment of conditions that can lead to brain damage, such as B. Stroke or traumatic brain injury
Inadequate treatment of diseases that can lead to brain damage, such as B. high blood pressure or diabetes
Surgical errors that result in damage to the brain or surrounding tissue
If anesthesia is not administered correctly during surgery, it can lead to brain damage
Adequate precautions are not taken to prevent infection or other complications during an operation or medical procedure
Misdiagnosis or delayed diagnosis of brain infections or tumors leading to worsening condition and possible brain damage
Inadequate treatment or management of seizures or epilepsy, resulting in brain damage from repeated seizures
Use of faulty or defective medical devices or equipment during surgery or medical procedures that result in brain damage.

Negligent mutilation injuries- Amputation injuries can result from surgical errors or failure to timely diagnose and treat a medical condition.

Negligence can lead to crippling injuries such as:

anesthesia error– Anesthesia errors can include giving too much anesthesia, not monitoring the patient's vital signs, or using faulty equipment.

Examples of medical anesthesia errors:

Dosing errors: Too much or too little anesthesia can lead to complications such as shortness of breath, blood pressure instability or even death.
Delayed anesthesia: A delay in the administration of anesthesia can cause the patient pain and anxiety during the procedure.
Failure to monitor: Failure to properly monitor the patient's vital signs during anesthesia can lead to serious complications such as respiratory or cardiac arrest.
Equipment failure: Equipment failure during the delivery of anesthesia can lead to underdosing or overdosing, which can harm the patient.
Inadequate preoperative assessment: Inadequate preoperative assessment may result in failure to recognize potential risks or medical conditions that could affect delivery under anesthesia.
Drug interactions: Anesthetics can interact with other medications the patient is taking, leading to side effects or ineffective anesthesia.
Failure to recognize complications: Failure to recognize complications during anesthesia can delay treatment and lead to serious injury or death.

birth injuries– Birth injuries can occur during childbirth and lead to serious, lifelong complications for both the child and the mother.

Negligence can lead to birth injuries such as:

Failure to monitor: Failure to properly monitor the mother and child during labor and delivery can lead to missed signs of stress, which can lead to serious complications.
Delayed C-section: Delaying a necessary C-section can lead to brain damage, cerebral palsy, or other permanent injuries to the baby.
Misuse of instruments: Misuse of instruments such as forceps or suction cups can cause physical injuries to the baby, such as skull fractures or nerve damage.
Medication errors: Incorrect administration of medications such as oxytocin or anesthetics can result in harm to the mother or baby.
Failure to recognize fetal stress: If there are signs of fetal stress, such as a drop in heart rate, for example, that goes undetected can lead to serious complications and injury to the baby.
Inadequate prenatal care: Inadequate prenatal care can lead to failure to recognize and address potential risks or conditions that could affect the health of the mother or baby during labor and delivery.
Poor communication: Poor communication between health care providers can lead to misunderstandings, delays in treatment, or inadequate care.

If you or someone close to you has been the victim of one of these medical malpractice cases, it is important to seek legal help from an experienced attorney. At Ehrlich & Naparstek, we have a team of experienced attorneys dedicated to helping victims of medical malpractice in Florida. We offer a free consultation to discuss your case and determine the best course of action. Contact us today to learn more.

Medical malpractice facts and statistics

Medical malpractice is a serious problem in the United States, and Florida is no exception. According to a recent study, medical errors are the third leading cause of death in the United States, causing approximately 250,000 deaths each year. In Florida alone, there were more than 3,700 medical malpractice claims in 2020.

What is medical malpractice?

Medical malpractice occurs when a health care provider, such as a doctor, nurse, or hospital, fails to provide an appropriate standard of care, resulting in harm to a patient. Examples of medical malpractice include misdiagnosis, surgical error, medication error, and failure to diagnose or treat an illness. In order to prove medical malpractice, the plaintiff must prove that the health care provider violated the applicable standard of care and that that violation resulted in the patient's injury or death.

What is the applicable standard of care?

The standard of care is the level of care that a reasonable health care provider would provide under similar circumstances. In Florida, the standard of care is determined by the prevailing professional standard of care in the community of health care providers who have similar training and experience. A Florida medical malpractice attorney can help you determine whether your health care provider breached this standard of care and whether you have a valid medical malpractice claim.

Florida Medical Malpractice Pros and Cons: Important Considerations

First, it is important to realize that medical error occurs when a health care provider fails to provide the standard of care expected, thereby harming the patient. In Florida, the statute of limitations for medical malpractice cases is generally two years from the date of the injury or when the injury should have been discovered, with some exceptions.

Another important element is the burden of proof. To win a medical malpractice case in Florida, you must prove that the negligence of the health care provider caused your injury. This requires an expert opinion and evidence that the provider's actions were below the standard of care.

It's also worth noting that Florida has a cap on nonpecuniary damages in medical malpractice cases, which means there's a limit to the amount of compensation you can receive for pain and suffering, emotional distress, and other nonpecuniary losses.

When pursuing a Florida medical malpractice case, it is important to work with an experienced attorney who can guide you through the process and ensure that your rights are protected. With Ehrlich & Naparstek, you can hold healthcare providers accountable for their negligence and get the compensation you deserve.

Protect Yourself: A Patient's Guide to Medical Malpractice in Florida

As a patient, you trust your healthcare providers to provide you with the best possible care. Unfortunately, medical error can occur that can harm patients. If you or a loved one has been the victim of medical malpractice in Florida, it is important to know your rights and understand the steps you can take to protect yourself.

First, it is important to recognize the signs of medical malpractice. The most common examples include misdiagnosis, surgical errors, medication errors, and failure to diagnose a medical condition. If you suspect you have been the victim of medical malpractice, you should seek legal advice from an experienced solicitor. In Florida, medical malpractice cases have a statute of limitations, meaning there is a certain amount of time to file a lawsuit. It is important to act quickly and do not hesitate to seek legal advice if you suspect medical malpractice. If you are pursuing a medical malpractice case in Florida, it is important to work with an attorney who has experience in this area of law.

Your attorney will help you navigate the legal system, gather evidence, and build a convincing case to hold your healthcare provider liable for their negligence. It is also important to understand the potential consequences of a medical malpractice case. If you win your case, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.

Florida Medical Malpractice: How to Stay Informed and Protected

Medical malpractice occurs when a health care professional, such as a doctor or nurse, performs treatment that is below the standard of care, thereby harming the patient. Florida has enacted laws and regulations to protect patients from medical malpractice and to hold health care providers accountable for their actions.

To stay informed and protected, it's important to know your rights as a patient. In Florida, patients are entitled to medical care that meets a certain quality standard. If you believe you have been the victim of medical malpractice, you can file a lawsuit to seek compensation for any harm you suffer. As a patient, you can take steps to prevent medical error.

You can research health care providers before choosing them, ask questions about your treatment, and be proactive in your care. It is also important to keep detailed records of your medical history and any treatments you receive. In summary, Florida has laws in place to protect patients from medical malpractice, but it is important that patients remain informed and proactive in their care. By knowing your rights and taking steps to avoid medical malpractice, you can ensure you receive the best possible care and avoid potential harm.

Justice for Victims of Medical Malpractice: How Ehrlich & Naparstek Can Help

At Ehrlich & Naparstek, we are committed to helping victims of medical malpractice seek justice and fair compensation for their injuries. With years of experience and a track record of success, our team of experienced solicitors have the knowledge and expertise required to handle complex medical malpractice cases. If you or a loved one has been the victim of medical malpractice in Florida, don't hesitate to seek legal help.

Contact Ehrlich & Naparstek today to schedule a consultation and discuss your options. We recognize the physical, emotional, and financial toll that medical malpractice can take, and we're here to fight for your rights and hold healthcare providers accountable for their actions. We help you get the justice and compensation you deserve.

Medical Malpractice Attorney – Stuart, Florida Personal Injury and Workers' Compensation Attorneys | Ehrlich & Naparstek (2023)