Medical Malpractice Attorney in Hialeah
Types, Damages, and Liability of Florida Medical Malpractice Explained by Our Medical Malpractice Attorney
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 . This is unacceptable.
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.
Causes of Florida Medical Malpractice
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 injuries
Common Injuries Due to Medical Malpractice in Florida
Whether 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
- Many other injuries to seek help from a medical malpractice attorney in Hialeah
Birth Injury Attorney
One 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 above
It 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 . 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 (HIE) Attorney
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.
Brachial Plexus Nerve Injury Attorney
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 Error Attorney
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:
- 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 help
Surgical Error Attorney
Even 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.
Proving Medical Malpractice in Florida
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  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” . 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.
Ask Our Medical Malpractice Attorney in Hialeah to Fight Back for Your Rights
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.
- 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 ↩
How We Handle Cases
- Your attorney will aggressively investigate your case. Schlacter Law will compile all necessary evidence needed to maximize the value of your case. Which includes but is not limited to photographs, police reports, security camera footage, witness statements, medical bills and medical records.
- You will remain in constant contact with Schlacter Law about the progression of your case.
- Your attorney will present your case to the insurance company and will attempt to resolve your case before the case goes to court for maximum compensation.
- Your attorney will make every effort possible to resolve the case as quickly as possible for the most amount of money you may be entitled to. You will be actively involved in the negotiation process with your attorney. Schlacter Law understands that this is your one opportunity to get justice for your loss.
- If settlement negotiations are unsuccessful, Schlacter Law will be fully prepared to bring your case to court to fight for the justice you deserve.
- At no cost to you, Schlacter Law will hire any experts and professionals needed to maximize your recovery and present your case in the strongest form possible.
Frequently Asked Questions
How long do I have to file a medical malpractice lawsuit in Florida?
Two years from the date of discovery . The date of discovery is the date that the injury was actually discovered or should have been reasonably discovered. These time periods are known as the statute of limitations. A lawsuit must be filed within this time period or the case may be dismissed by a court. It is always best to have a medical malpractice attorney review a malpractice claim because, even if it appears that a time period expired, there are some extensions or tolls that may apply. This is particularly true for birth injury cases.
Are there caps on damages in Florida medical malpractice cases?
No, the Florida Supreme Court found the caps on medical malpractice damages to be unconstitutional in North Broward Hospital District v Kalitan . This is an important victory for patient rights, especially newborns suffering from birth injuries who easily would meet the cap of the medical malpractice damages. If you have questions, please ask our Hialeah malpractice attorney and law firm for assistance.