Most Common Types Of Medical Malpractice In Florida

When you go to a doctor, you expect them to help you with your condition. Sadly, this isn’t always the case as doctors are prone to making mistakes - which tend to have serious consequences.

In general, medical malpractice occurs when a healthcare professional provides care that falls below certain professional standards. The injuries stemming from this event can be either physical, financial, and more often than not, emotional. 

Fortunately, victims have the right to file a lawsuit to recover damages by consulting a qualified medical malpractice attorney.

The key question is whether the event you suffered falls into the category of medical negligence. In this post, we’ll explore the most common types of medical malpractice, and by the end of it, hopefully clear up some of the confusion you may have. 

What constitutes medical malpractice

Despite the common belief that surgical errors are the only form of negligence, malpractice is a broad term that encompasses a wide variety of mistakes by healthcare professionals. 

As such, there are also various common types of malpractice accepted in the state of Florida, including (but not limited to):

1. Misdiagnosis and failure to diagnose

In the US, misdiagnosis and failure to diagnose are the two most common types of medical malpractice. In simple terms, this happens when a medical professional provides you with a wrong diagnosis by determining you don’t have any disease or condition. Alternatively, it may also cover the circumstances where a doctor correctly recognizes an affliction but plays down its severity. 

As luck would have it, misdiagnosis cases have the highest chance of success. 

2. Failure to follow-up

When a physician fails to follow up on test results and you suffer injuries from delay in diagnosis and your condition worsens, you have the right to file a malpractice claim on the grounds of failure to follow up. 

3. Subpar post-op care

When a physician sends a patient home after surgery without first providing an adequate level of post-operative care and the condition worsens as a result, they’re guilty of medical negligence. 

Routine post-operative care can be tricky to monitor, so physicians are required to properly instruct patients on their recovery process and monitor them before releasing them from their care. 

If this aspect of the care is lacking, the court may find the defendant guilty of medical negligence. 

4. Negligent referral

As one of the most common types of medical malpractice, negligent referral is not mentioned all that much, despite its frequency. 

Negligent referral takes place when a healthcare professional refers their patient to another facility or health provider and some sort of damage is done to the patient because of the referral. 

Not every referral where the patient suffered an injury meets the marks of negligence. To win this type of case in court, you must demonstrate that the original physician lacked confidence in their expertise and was unsure of what action to take, which led to them referring you to another physician without legitimate reasons for doing so. 

5. Delayed diagnosis

In case a physician fails to treat you in a timely fashion which results in injury or harm, you have the grounds to file a malpractice claim. 

A delayed diagnosis often occurs when a medical professional overlooks some of the symptoms or prematurely dismisses the correct diagnosis when establishing a differential diagnosis. Alternatively, it’s also common for the doctor to fully evaluate a patient by failing to take in the medical history, ordering the right testing, or not consulting other specialists.

6. Failure to maintain medical records

When a doctor fails to maintain accurate medical records of treatment which later leads to you suffering severe consequences, they are guilty of medical malpractice.

A similar thing applies to circumstances where a doctor ignores, denies, or delays a patient's request for medical records.

7. Failure to resuscitate

It’s unfortunate that medical professionals sometimes fall short of upholding their lawful duties by failing to resuscitate a patient. In such circumstances, the family of the deceased patient can file a claim because the doctor didn’t live up to their duties as a healthcare provider.

What to do if you were a victim of medical malpractice

Now that you’re aware of the common types of medical malpractice, the next thing on your agenda should be taking action.

We can’t stress this enough, but experiencing such an event is physically and emotionally taxing. Even worse, the medical jargon and standards may leave your head spinning in confusion. This is why the best course of action is to contact a qualified medical malpractice attorney. 

An attorney will evaluate the facts of your case, ascertain its potential, advise you on what to do next, and help you by taking over the intricacies of filing a malpractice suit. 

It’s also important to seek the right treatment as soon as possible. This makes certain that your health is handled by a professional who can provide you with the right attention. It will also boost the chances of a successful claim, as seeking treatment demonstrates you’re not concerned primarily with recovering damages, but rather, getting your life back on track.

Lastly, keep a detailed record of everything related to your injury, including all the treatment you needed. Take note of all the communications with doctors, and write down how you felt following the various appointments. Doing so will make things easier moving forward and ensure you have all the evidence you need to substantiate your claim.

Seek the damages you deserve

All common types of medical malpractice are serious issues that can affect individuals of all walks of life. This is why it’s imperative to be familiar with the signs routinely present in instances of medical negligence.

If you or a loved one were injured due to a medical professional’s carelessness, feel free to contact an experienced Florida medical malpractice attorney. Sowell Chakour is one of the best medical malpractice law firms in the state, as we’ve successfully helped numerous victims of malpractice navigate this treacherous process and assisted them in recovering the full amount of damages.

Seek justice now - call (833) 633-6257 or fill out our contact form.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.