What are the Most Common Types of Medical Malpractice Cases in Florida?

If you have a medical malpractice claim that you intend to bring to court, you will need to know the type of evidence that is required to make a successful claim. The following article will provide some of the most common types of medical malpractice cases, as well as the different types of evidence that you can obtain to make a stronger case.

Common Types of Medical Malpractice Cases

Medical malpractice is used to describe an occurrence where a hospital, physician, or other health care professional causes injury to a patient, either from negligence or omission. The following are some common examples of medical malpractice cases:

1. Misdiagnosis or delayed diagnosis. Many medical malpractice cases result from misdiagnosis or delayed diagnosis. In fact, these have accounted for about 33% of all medical malpractice cases from 2013 to 2017. A misdiagnosis can occur when a physician fails to:

1. Identify clinical signs and symptoms
2. Order required medical testing or complete necessary follow-up procedures
3. Refer the patient to the appropriate specialist

2. Failure to treat. Failure to treat a patient is a violation of a physician’s duty of care. Failure to treat can be exhibited in the following ways:

1. Releasing a patient too early from the hospital
2. Failing to provide necessary instructions for follow-up care
3. Failing to order required medical tests
4. Failing to consult a patient’s medical history before prescribing medication or treatment

3. Prescription drug errors. When health care providers make errors in prescribing drugs, it can be extremely detrimental to the health of the patient. These types of errors include:

1. Prescribing the wrong medication
2. Prescribing the wrong dosage
3. Failing to recognize potentially dangerous drug interactions
4. Neglecting to recognize signs of drug abuse in a patient

4. Surgical or procedural errors. If a physician makes an error while conducting surgery, it can literally put the patient’s life at risk. Some surgical errors include:

1. Performing surgery on the wrong part of the body
2. Performing surgery on the wrong patient
3. Incidentally leaving surgical tools inside the patient
4. Failing to adhere to proper surgical procedures before, during, and after the surgery

5. Childbirth injuries. Injuries that occur during childbirth as a result of a physician’s negligence can be devastating. Some of these types of injuries include:

1. Providing substandard prenatal care
2. Failing to provide a C-section when necessary
3. Mishandling a baby during or after birth
4. Improper use of forceps or using excessive force when removing a baby from the vaginal canal

Types of Evidence Required

The right type of evidence can make the difference between a successful medical malpractice case and an unsuccessful one. The following types of evidence (though this is not an exhaustive list) can help strengthen a medical malpractice case:

1. Medical bills and invoices
2. Any notices or letters from your healthcare provider
3. Any notices or letters from your health insurance company
4. Opinion testimony from medical experts
5. Any personal records or notations that you may have made in regard to your medical care
6. Any physical evidence, including prescription scripts and pill bottles
7. Any relevant scans, photographs, X-rays, and other medical images

Do You Have Questions about a Medical Malpractice Claim? Contact Our Firm

If you have questions about a potential medical malpractice claim, please contact The Rosen Injury Law, P.A. Firm. Our experienced Fort Lauderdale personal injury attorneys can help you build a strong medical malpractice case and ensure that you are fairly compensated for any damages you suffered.