Medical Malpractice litigation oftentimes presents cases that contain horrific injuries coupled with highly complicated factual patterns. Consequently, this article will try to simplify the issues that must be considered when deciding whether to prosecute an action for Medical Malpractice.
Medical Malpractice occurs when a doctor performs his or her job negligently and causes injuries that result from that carelessness. Florida Statutes set forth the standards that injured persons must prove in order to be successful in an action for Medical Malpractice. An injured party must prove that the doctor performed his work at a level lower than “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” In other words, you must prove that the doctor acted below the general standard of care in the community. It is no different than negligence by a motorist who does not pay attention while driving and rear ends your automobile causing an injury. We do not ask doctors to act in any manner differently than we are all required to act, namely in a non-negligent manner.
If you have been injured by the malpractice of a doctor, or hospital (medical facility), please do not delay in seeking legal advice. A statute of limitations is a time limit set by law which creates a deadline for filing a lawsuit. If you file your suit after the deadline, the suit will be dismissed by the court. In Florida the statute of limitations for medical malpractice is two years from when the patient (or sometimes a particular family member or guardian) either knows, or should know with the exercise of reasonable diligence, that the injury has occurred and there is a reasonable possibility that the injury was caused by medical malpractice. There are several exceptions to this rule, as well as additional notice requirements that must be filed, so DO NOT DELAY.
If you have any questions concerning Medical Malpractice, or any other topic discussed on this Website, please do not hesitate to contact our firm.
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Example of an area of potential malpractice:
Excessive anesthesia, or the wrong anesthesia, can have catastrophic results, including coma, brain damage, permanent injury, and even wrongful death.
Every year, about 1 person in 1,000 in the U.S. suffers complications from local anesthetic or general anesthesia during surgery. While American surgeons and anesthesiologists are the best trained in the world, anesthesia errors do happen, often with devastating consequences for both the patient and family members.
Administering anesthesia is a key factor or component of many types of surgeries, and it is also one of the most dangerous. Injuries from anesthesia complications may result from adverse reactions from a procedure as simple as having a tooth pulled. It is the responsibility of every doctor, anesthesiologist, and nurse anesthetist to ensure that every precaution has been taken to prevent complications to the patients under their care.
We can help people recover compensation for anesthesia errors and complications arising from:
- Airway obstruction
- Allergies to anesthesia drugs
- Misread medical charts
- Improper anesthesiologist or anesthetist training
- Failure to properly assess patient for anesthesia
- Failure to obtain informed consent from patient
- Improper positioning of the patient prior to surgery resulting in nerve injury
- Failure to properly set-up monitoring equipment such as electrocardiograms, blood pressure cuffs, etc.
- Improper placement of intravenous lines
- Waking during surgery ('anesthesia awareness')
- Failure to provide adequate post-operative care
- Failure to resuscitate resulting in permanent injury or wrongful death
If you feel you or a loved one has suffered injury from an anesthesia error, or if you have questions or concerns that you or a family member have been harmed as a result of medical negligence, we can help. If negligence was involved, we will endeavor to hold those responsible for your injuries accountable for their mistakes.