Here at Schlacter Law, our medical malpractice attorney in Hialeah knows how physically, emotionally, and financially devastating it could be for a person and his or her family to suffer harm from a negligent healthcare provider such as a doctor, nurse, physician assistant, nurse practitioner, hospital, practice group, or other professional. We fight back against big insurance companies trying to blame you for the doctor’s failed treatment. We hire experts to prove liability and your damages due to the negligence of a healthcare professional in Florida, including your rights to pain and suffering, lost wages, medical bills (both past and future), lost future earnings, loss of consortium, and other damages. Learn how we can begin protecting your rights to compensation by calling (305) 999-1111.
We go to doctors and hospitals to heal us, not harm us. Generally, most medical professionals render the care and treatment we need to help us get back on our feet. However, far too many medical professionals cause reckless, careless, and downright negligent mistakes in the care and treatment of innocent people. This includes newborns even before they have been born. Most of these mistakes are avoidable with proper care and treatment. Some of these mistakes could be catastrophic and result in debilitating, permanent, and life-changing personal injuries that should be reviewed by a medical malpractice attorney. These medical errors could also result in a wrongful death. In fact, research statistics reveal that preventable medical mistakes are the third leading cause of death in the United States behind only heart disease and cancer [1]. This is unacceptable.
There are many possible causes of medical malpractice in Florida. Most of the common causes are due to inexperience, recklessness, or negligent conduct. Some causes are due to larger issues, such as inadequate staffing at nursing homes or hospitals, negligent hiring of unqualified staff, or sterilization issues at the facility. Any attorney knows that there is nearly an endless list of possible causes of hospital errors and physician mistakes which could constitute medical malpractice, but the most common causes include the following:
Surgical errors Birth injuries Anesthesia mistakes Nursing home errors Emergency department or emergency rooms errors or delays Failing to diagnose a condition like cancer, a heart attack, or a stroke Dental malpractice Wrong patient surgery Wrong site surgery Misreading test results Medication errors, including overdoses Delays in treatment Many other common causes to see an attorney for personal injuriesWhether you are in Hialeah or anywhere else in Florida, it is important to realize that medical malpractice could result in catastrophic personal injuries or the wrongful death of an innocent person. This includes the wrongful death of a child who has not even been born yet or an elderly resident who merely needs to be moved once or twice a day to prevent pressure sores. These simple failures could result in catastrophic personal injuries that a victim should always ask a medical malpractice attorney to review, including the following injuries:
Traumatic brain injuries (TBIs) Spinal cord injuries, including paralysis such as paraplegia, quadriplegia, or monoplegia Hypoxic injuries (deficiency of oxygen supply to the brain) Anoxic injuries (complete lack of oxygen supply to the brain) Broken bones Organ injuries Nerve injuries Infections, including hospital-acquired injuries (HAI) Sepsis due to improper wound care or infection protocol Cerebral palsy Hypoxic ischemic encephalopathy (HIE) Pressure sores Kernicterus Many other injuries to seek help from a medical malpractice attorney in HialeahOne of the most serious types of injuries due to medical malpractice in Florida are birth injuries. These injuries could occur before, during, or after labor and delivery. Most of the birth injuries are due to a lack of oxygen supply to the baby. This lack of oxygen supply to the baby could result in a deficiency (hypoxia) or a complete lack of oxygen (anoxia). Any birth injury should be reviewed by an attorney because even a short time without oxygen could result in catastrophic personal injury to a newborn. This is because the brain is rapidly developing and gaps in oxygen supply create lesions on the brain which will never fully develop. The longer the oxygen deprivation occurs, the more lesions that will develop. This translates into a worse brain injury to a newborn.
The most common birth injuries to seek an attorney include the following:
Also known as CP, cerebral palsy is a condition or group of conditions that cause a weakness in the ability to move. This is primarily due to lesion damage to the basal ganglia and cerebellum of the brain. The primary cause of CP is oxygen deprivation during the labor and delivery stage. There are four types of cerebral palsy, including:
Spastic CP – rigid muscle and restricted range of movement Dyskinetic CP or Athetoid CP – involuntary movements such as shakes, jerks, writhing movements, and other uncontrollable movements Ataxic CP – involuntary shakes or tremors when voluntary movement is attempted, particularly during fine motor movements like buttoning a shirt or writing Mixed CP – a combination of the aboveIt is important to always seek a malpractice attorney whenever your loved one has been diagnosed with cerebral palsy because the lifetime costs of CP are estimated by the CDC as totaling nearly $1 million [2]. This is an average cost that takes into consideration mild through severe injuries. This means families with a child with severe CP will likely spend significantly more over the lifetime of their child than the average projects.
Hypoxic ischemic encephalopathy, or HIE, is a dangerous type of birth asphyxia which could cause conditions like cerebral palsy. HIE is brain damage caused by a restricted or decreased blood flow carrying oxygenated blood to the brain. Many of the causes of HIE can be easily avoided, such as basic fetal monitoring or ordering timely c-sections. Anytime a child is diagnosed with HIE, a malpractice attorney in Hialeah needs to be asked to review the records to determine whether preventable errors caused this type of birth injury.
The brachial plexus is a bundle of nerves that originate from the spine in the neck and extend down the shoulder and to the fingertips. These nerves govern sensation, motor movement, and other important functions. While these nerves are strong, they can be irreparably damaged if a doctor is pulling, yanking, or dragging the baby’s arm out of the womb. This could be due to shoulder dystocia which is when the baby’s shoulder and/or head get stuck in the birth canal (usually the pelvis). Ask an attorney at a medical malpractice law firm anytime a baby suffers a brachial plexus injury because the damages could result in a lifetime of disability and pain and suffering.
Anesthesia errors could cause catastrophic personal injuries and result in the wrongful death of an innocent person. This is because anesthesia is a very powerful cocktail of drugs meant to 1) paralyze the patient from moving, 2) block pain, and 3) sedate the patient to sleep. Any imbalance in this proportion of drugs or slight overdose could have profound results. The most common anesthesia errors that are likely to cause personal injuries which should be reviewed by a Hialeah attorney include the following:
Overdoses Failure to intubate a patient properly (provide oxygen into an airway) Improper nerve blocks, including damaging a nerve PCA pump malfunctions Failure to supervise and monitor patients in PACU (post anesthesia care unit) Many other causes to ask a malpractice attorney for helpEven routine surgery could cause debilitating personal injuries or the wrongful death of a patient. Some of the most common surgical mistakes include wrong patient surgery, wrong site surgery, and unnecessary surgery—all mistakes which simply can be avoided with basic common sense and without a medical degree. Yet, far too many healthcare providers cut corners and rush to be able to bill for more procedures. This only harms patients and their families. Anytime the result from a surgical error is not what it should be, ask a malpractice attorney at a personal injury firm for a record review.
Medical malpractice is more than when a doctor or other healthcare provider causes you an injury or fails to heal you. Under Florida law, medical malpractice is when a healthcare provider 1) owes you a duty of care, 2) breaches that duty, and 3) the breach causes you 4) damages or injuries. Determining whether the healthcare provider breached the duty of care is where most medical malpractice cases are fought over. To prove the healthcare provider breached the duty of care owed to a victim, his or her medical malpractice attorney will need to show that the healthcare provider failed to meet the prevailing standard of care.
The prevailing standard of care is defined under Florida Revised Statutes section 766.192 [3] which provides that “[t]he prevailing professional standard of care for a given healthcare provider shall be 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” [4]. Failing to satisfy this standard may be considered a breach of the duty of care.
Generally, an expert(s) is needed to prove that a defendant failed to satisfy the prevailing standard of care. Experts need to be the same or near-identical specialty with the skill and training as the defendant. An attorney will find, qualify, and request medical opinions from experts to determine whether the defendant(s) violated the prevailing standard of care.
Fight back at insurance companies who are protecting dangerous doctors and negligent healthcare providers with Schlacter Law. Our medical malpractice attorney in Hialeah represents victims of catastrophic medical malpractice who have been harmed due to the careless, reckless, or negligent conduct of healthcare providers. This is particularly true in birth injury cases where the most precious and vulnerable members of our society are harmed by egregious and preventable errors. Call to schedule a FREE consultation by dialing (305) 999-1111 to learn how our medical malpractice law firm can help you today.
References
https://www.cnbc.com/2018/02/22/medical-errors-third-leading-cause-of-death-in-america.html ↩https://www.cdc.gov/ncbddd/cp/data.html ↩https://www.cdc.gov/ncbddd/cp/index.html ↩http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/Sections/0766.102.html ↩http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0095/Sections/0095.11.html ↩https://law.justia.com/cases/florida/supreme-court/2017/sc15-1858.html ↩
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