Medical Malpractice

Medical Malpractice
South Florida Medical Malpractice Attorneys

Doctors, surgeons, dentists, nurses, anesthesiologists and other medical professionals literally have your life in their hands when they do their work. Their jobs require the highest levels of care and diligence. When they make a mistake, it can cause tragic, painful, debilitating and even deadly results.

Yet doctors and medical professionals do make mistakes. They make oversights while performing procedures, miss diagnoses they should not, or give advice that causes more harm than good.

If you have been a patient who has suffered because of an error by a health care professional, then you deserve to be compensated for the harm you suffered as a result.

Delray Beach Medical Malpractice Lawyer
If you have suffered as the victim of malpractice, a dedicated trial attorney can take on the insurance companies and help get you the compensation you deserve. A skilled Delray Beach medical malpractice lawyer from McLaughlin Morris, P.A. will fight for justice for you.

We have years of experience in South Florida courtrooms, advocating for our clients to be made whole after mistakes from doctors and other medical professionals caused them great pain and suffering and cost them thousands of dollars in medical bills to reverse the errors made. Call us today at (561) 404-0529, 24 hours a day / 7 days a week, to schedule a free consultation to talk to our attorneys.

We represent people injured in Palm Beach, Miami-Dade and Broward Counties, including in Boynton Beach, West Palm Beach, Hialeah, Miami and Fort Lauderdale.

Medical Malpractice Issues in Florida
Duty of Care for Medical Professionals in South Florida
Common Medical Errors in the Palm Beach Area
Damages in a Malpractice Case in Florida
Finding the Best Medical Malpractice Lawyer in Palm Beach County

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Duty of Care for Medical Professionals in Palm Beach County
Most personal injury lawsuits are due to “negligence.” Negligence means the person failed to use reasonable care, or did something a person using reasonable care would not do.

Doctors, hospitals, nurses, surgeons and any type of health care professional, however, do not just use the reasonable care of any person. Their actions and practice must meet the standards of a reasonably careful and similarly situated health care professional. A dentist must act as a reasonably careful dentist, for instance.

Any action or decision a health care professional takes must be in accordance with the professional standards of care in their line of practice. It is a national standard, not just one for other South Florida-area professionals. Doctors and anyone upon whom you rely for medical attention must meet these stringent, high standards, or they could be found negligent in their care.

There is no guarantee of success for every treatment or procedure. The doctor or medical professional, however, is supposed to exercise every precaution and avoid any mistake when executing the treatment and procedure. When helping you make your decision, the doctor is also supposed to inform you of every plausible consequence.

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Common Medical Errors in the Palm Beach Area
Failure to Diagnose
When you come to a doctor complaining of discomfort, pain or any condition that may be caused by a physiological problem, it is the doctor’s duty to examine you thoroughly and consider every possible cause. This is especially critical because many health conditions become worse if left untreated, including strokes and heart attacks.

The doctor will be considered negligent if he or she was not sufficiently thorough in investigating the complaint. It is possible for a doctor to make a wrong diagnosis without being negligent. However, if a patient complains of a certain symptom, the doctor should look at all possible causes of that symptom and at least offer to perform the requisite tests. He or she should not merely treat the problem as if the most likely cause is the reason for it.

Failure to Treat Infection
Infection is extremely common after surgery and other invasive procedures. Surgery involves opening the body, which can expose it to bacteria and other microorganisms. These microorganisms attach to the body and can cause infection.

Surgeons and doctors are aware of this, and know to be on the lookout for any signs of potential infection in subsequent check-ups. If they miss an infection, it will fester and grow. It can even get into the bloodstream and become septic, which can make an infection fatal.

Missing signs of infection can be malpractice.

Prescription Drug Errors
There are mistakes a doctor can make when prescribing medication to patients. They can fail to  consider other medications the patient is already taking. Certain drugs can interact with very negative health consequences. They may not consider important factors, like age, body type or other medical conditions when prescribing a drug.

Pharmacists may also be liable for prescription drug errors. We trust pharmacists to give us the right drugs. Filling a prescription incorrectly with the wrong amount or the wrong drug can severely affect a person’s health.

Retained Surgical Instruments
There are a great many tools surgeons use in surgery: scalpels, forceps, retractors, clamps, sponges, swabs, suction tips, dilators, occluders, needles and more. Medical staff are supposed to keep careful track of everything going in and out of a person, and make sure nothing is intentionally left inside a patient.

If an instrument is left inside a person, it can cause infection, internal bleeding and other complications. Noting everything that goes in and out of a body during surgery is standard procedure, and a retained surgical instrument is a strong sign of medical negligence.

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Damages in a Malpractice Case in Florida
The purpose of any personal injury lawyer is to make you whole after another person causes you harm. In a medical negligence case, there are different types of damages you might experience.

You may need surgery or other procedures to correct the damage done.  Physical therapy may be required. You may have to miss work, and/or you may have lost the ability to work. These are all economic damages, where there is hard evidence of exactly how much you’ve lost,in the form of hospital bills, doctors’ bills, lost paychecks, etc.

However, some damages are less tangible, like pain and suffering, mental anguish and loss of capacity for enjoyment of life. The caps on these types of damages, called noneconomic damages, were recently tossed out by the Florida Supreme Court and being in violation of the State Constitution.

In most cases, you will be dealing with the malpractice insurance company. They may offer you a settlement. Don’t accept it, and don’t believe anything they say, without consulting with your own attorney. Your South Florida personal injury attorney may be able to negotiate a settlement that more truly meets your needs, or can take them to court.

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South Florida Med Mal Resources
McCall v. U.S.: This is an important decision by the Florida Supreme Court that tossed out caps on noneconomic damages for medical malpractice cases. The court found the caps to be unconstitutional.

Medical Negligence: This report by the American Association of Justice details the true cost of preventable errors in the health care system.

FSU Center on Patient Safety: This division of Florida State University’s College of Medicine focuses on studying and reducing preventable medical errors.

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Finding the Best Medical Malpractice Lawyer in Palm Beach County
Doctors and medical professionals should be required to pay for your injuries when their negligence causes you to suffer more. A Delray Beach medical malpractice lawyer from McLaughlin Morris, P.A. will fight for you to recover your losses due to the mistakes and errors of doctors, nurses and surgeons.

We are proud to serve people throughout the Palm Beach area, including Boca Raton, Delray Beach, Miami-Dade and Broward County and surrounding areas. Call us at (561) 404-0529, 24 hours a day / 7 days a week, to schedule a free consultation.