The attorneys at our Florida offices handle cases stemming from back surgery; brain surgery; spine surgery; botched surgery; eye surgery; unnecessary surgery; and bariatric surgery. What Compensation Can I Recover in a Surgical Error Lawsuit?
As the largest plaintiffs’ law firm in America, we have the resources to take on virtually any medical malpractice case. Over the past few decades, we’ve recovered favorable verdicts and settlements time and again for our clients. We may be able to help you, too. Read on to find out how. What Is Medical Malpractice?
Our attorneys are well-versed in identifying instances of medical malpractice and achieving favorable results for our clients. We’re happy to review your incident in a free, no-obligation case evaluation and let you know if you have a claim for compensation.
If you've suffered an adverse outcome after cataract surgery, you might be wondering if you can or should sue your eye doctor for medical malpractice. This article discusses the most common risks of cataract surgeries, how to prove medical malpractice, and the challenges you will face in a cataract surgery medical malpractice lawsuit.
There's usually a time limit of three years for bringing a medical negligence claim. But, crucially, this can either be: Three years from the time the negligence occurred, or. Three years from when you first become aware that there was a problem (if this was later than the time at which the negligence occurred)
1: $216.8 Million for Justice A jury awarded Allan Navarro $216.7 million following his medical malpractice case against the Tampa University Community Hospital. They pursued the case after doctors misdiagnosed stroke symptoms for a headache.
applied to physicians and dentists, as "professional misconduct towards a patient which is considered reprehensible either because immoral in itself or because contrary to law or expressly forbidden by law ... it (malpractice) means bad, wrong or injurious treatment of a patient, professionally, and in respect to the ...
In order to succeed in a medical negligence lawsuit in the Province of Ontario, you must prove that: The offending health care practitioner(s) fell below the standard of care reasonably expected in your type of treatment; and.
Which Doctors Are Sued Most Often … And Why?Obstetricians/gynecologists — 85 percent.Surgeons — 83 percent.Orthopedists — 79 percent.Radiologists — 72 percent.Anesthesiologists — 58 percent.Internal/family medicine practitioners — 46 percent.Oncologists — 34 percent.
Top 10 Largest Medical Malpractice Lawsuit Settlements of All...$25 Million | Misdiagnosed Heart Condition.$23.2 Million | Oxygen Deprivation During Birth. ... $20.5 Million | Birth Injury. ... $15 Million | Breast Cancer. ... $11.4 Million | Cerebral Palsy Caused by Birth Injury. ... $11 Million | Foreign Objects in Man's Stomach. ... More items...•
Examples of negligence include:A driver who runs a stop sign causing an injury crash.A store owner who fails to put up a “Caution: Wet Floor” sign after mopping up a spill.A property owner who fails to replace rotten steps on a wooden porch that collapses and injures visiting guests.
Examples of professional negligence include, but are not limited to: An accountant who fails to provide services at the level expected of a reasonably competent accountant, and the client suffers damages as a result. An engineer or architect who is responsible for building a structure that proves to be unsafe.
Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.
This framework covers a trifecta of medical malpractice in Canada damages, which places a cap of $100,000 on 'general damages' for pain and suffering, loss of amenities, enjoyment of life and loss of life expectancy. This amount is pegged to inflation.
The first step to be taken in case of medical negligence is to file a proper complaint to the State Medical Council against the concerned doctor, practitioner or authority. The victim may file a complaint via the consumer court or a criminal court a per the nature of the negligence.
When a medical provider's actions or inactions fail to meet the medical standard of care, their behavior constitutes medical negligence. If their medical negligence causes their patient to suffer an injury, it becomes medical malpractice.
Medical malpractice takes place when a healthcare provider provides treatment that falls below the accepted standard of care in the medical communi...
Patients can be victims of medical malpractice in a variety of different ways. Below are some examples.Anesthesia ErrorsAnesthesia errors are one a...
You might be asking yourself, “How do I know if I have a medical malpractice case?” or “How Can I Prove a Medical Malpractice Case?” If you’re cons...
Although we touched on medical malpractice damages above, here is some more detailed information on the type of damages in a medical malpractice ca...
If you’ve determined that you might have a medical malpractice case, you probably have some questions: How do I choose a good attorney and what can...
Under laws in certain states, a statute of limitations limits the amount of time under which an injured patient may pursue a medical malpractice la...
Our attorneys at Morgan & Morgan have recovered millions of dollars for injured patients, because we’ve been doing this a long time. We know what t...
Some examples of negligence by an anesthesiologist include: Administering the wrong type of dose of anesthesia. Administering anesthesia too late.
They don’t feel any pain or remember the procedure afterward. Regional: Regional anesthesia numbs a specific part of the body , such as an arm or leg. Local: Local anesthesia numbs one small area of the body.
Local: Local anesthesia numbs one small area of the body. For example, it may be given to relieve a patient’s pain while a deep cut is sewn. Each type of anesthesia carries the risk of complications. One of the most common and serious complications is anesthesia awareness, also known as intraoperative awareness.
Postoperative care refers to the monitoring and subsequent care that a patient receives following surgery. Medical professionals are responsible for monitoring their patients for complications that might arise from surgery, preventing and treating infections, monitoring vital signs, providing detailed instructions for post-surgical care, and correctly prescribing medicine to aid in the healing process. If a doctor fails to properly monitor a patient or identify symptoms after surgery, they may be liable for malpractice.
Medical malpractice occurs when a healthcare professional provides treatment that deviates from accepted standards of care within the medical community, thereby causing injury to a patient. If a doctor, surgeon, hospital, or another party was medically negligent, they may be liable for any ensuing losses.
Causation: The patient must prove that the breach of duty was directly responsible for their injury. Damages: The injury must have caused economic or non-economic damages. For example, the patient may have incurred additional medical bills or endured emotional suffering.
Breach of Duty: The physician must have violated their duty to the patient.
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Cataract surgery involves removing a cloudy lens from the patient's eye and replacing it with a clear, artificial lens. Although cataract procedures have become fairly routine and rarely have serious complications, there are some risks still associated with the surgery. The most common risks are:
Although you may have experienced an unexpected outcome, even a severe injury, that does not mean medical malpractice is necessarily the cause.
In most states, some form of special procedural rules exist for medical malpractice cases, and these rules are specifically designed to make suing a health care provider more difficult, when compared with "ordinary" civil cases for personal injury.
Some examples and causes of surgical error include: Performing surgery on the wrong part of the body; Performing unnecessary surgeries; Negligent use of surgical tools; Negligent sanitary preparation for surgery; Misreading or ignoring laboratory results; Failing to follow up with a patient after surgery;
An attorney can help an injured patient show the three essential elements necessary in a successful medical malpractice claim: breach of duty, injury, and damages.
If a surgeon breaches the standard of care expected of medical professionals and the patient is injured as a result, the surgeon, staff or hospital may be liable for any resulting damages. If you or a loved one has sustained injuries due to a surgical error, you may have the option to collect compensation for your injuries.
The statute of limitations in Florida only provides injured patients a certain amount of time to bring a medical malpractice suit, so it is important to contact an attorney as soon as an injury is discovered.
Disregarding or not taking appropriate patient history. Unnecessarily delayed surgery, causing further complications; Negligently leaving surgical instruments, sponges, or towels in the patient; Failing to recognize symptoms, or misdiagnosing; Failing to advise a patient of all potential risks;
In 1989, the number of ophthalmologists insured by Ophthalmic Mutual Insurance Company (OMIC) was 1,027. By 2009, that number had grown to 4,107. Between 1989 and 2009, OMIC had a total of more than 2,800 medical malpractice claims with 937 claims related to cataract surgery and 117 claims related to cataract surgery complications due ...
It’s important to select a well-qualified surgeon through a trusted optometrist. Studies show that patients who undergo cataract surgery in a cataract surgery center owned and operated by the surgeon doing the procedure have fewer risks and complications from surgery.
Patients who have other eye conditions or diseases such as glaucoma, diabetic retinopathy, or eye injuries should see a physician who specializes in that condition before undergoing cataract surgery.
Hospital lawsuits are different from malpractice suits against an individual doctor, as proceeding in the lawsuit against a corporation is different than suing an individual. For example, when initiating a lawsuit against an individual, you may serve them directly with your lawsuit.
Medical malpractice refers to the negligence of a healthcare professional resulting in the injury of a patient with whom they have, or previously had, a professional relationship. Under the corporate negligence doctrine, the hospital itself may be held responsible for a mistake made by a doctor or other staff employed by the hospital.
In general, hospital lawsuits are personal injury lawsuits arising from injuries suffered by a patient. Those injuries are usually based on negligence, or a failure to use reasonable care which results in the damage or injury of another person. Negligence is based on a person’s failure to do something, rather than their actual actions.
Hospital negligence may be direct, such as: Losing, mishandling, or unlawfully transferring confidential patient records. Disregard of proper medical care standards. Due to the specific nature of a hospital environment, injuries that result in a lawsuit against the hospital often involve different areas of the law.
Lawsuits are filed against hospitals for a wide variety of reasons. As previously mentioned, negligence and malpractice are the most common. Some lawsuits may be for small or one-time incidents, while others are for larger or more far-reaching incidents.
Negligence is based on a person’s failure to do something, rather than their actual actions. However, lawsuits against hospitals may involve various legal claims and theories besides negligence. Lawsuits involving hospitals are most commonly related to some sort of medical malpractice.
Some common examples of a hospital lawsuit include but may not be limited to: Emergency room malpractice; Refusing to admit or treat a patient without adhering to proper denial protocol;