Medical mistakes are one of the leading causes of death in the US. Some studies have suggested it is the third leading cause of death following heart disease and cancer. More than 250,000 people in the US die every year because of medical errors, according to a study by Johns Hopkins. Other studies suggest that medical mistake deaths could be as high as 440,000. This discrepancy is due to inconsistent data collection methods, as human error and medical system failure are rarely noted on death certificates. Moreover, hospitals and other medical providers are not required to report medical errors to the public.
Types of Common Medical Errors
- Failure to Monitor: Proper monitoring post-surgery or treatment is crucial. Lax monitoring can lead to unrecognized adverse reactions, drops in heart rate, or decreased breathing.
- Delayed Treatment: Immediate treatment is essential for pregnant women, stroke victims, heart attack sufferers, and others. Delays, such as waiting for hours before conducting necessary tests, can result in avoidable tragic outcomes.
- Medication Errors: These can occur in hospitals, long-term care facilities, and outpatient clinics. Errors might involve administering the wrong medication or dosage, with up to 400,000 injuries in hospitals and 800,000 in long-term care settings annually.
- Technical Errors: Preventable mistakes during surgery, such as accidentally nicking an artery, can cause irreversible damage.
- Misdiagnosis: When a patient is treated for the wrong condition, often due to inaccurate tests or misinterpretation of results. Commonly misdiagnosed conditions include heart attacks, strokes, cancer, cardiovascular disease, and infections.
- Failure to Obtain Medical History: Before any treatment, medical professionals must review the patient’s history, including medication reactions and underlying conditions. Failing to do so can lead to serious harm.
Additional Common Medical Errors
- Diagnostic Errors: These occur due to negligence, oversight, or defective equipment, leading to severe harm.
- Communication Errors: Clear communication, or a lack of communication, among medical providers is essential. Failing to do so can result in critical mistakes.
- Surgical Errors: Include operating on the wrong patient or body part, failing to monitor patients, leaving instruments inside the patient, and anesthesia errors. Such errors can occur in any medical facility.
- Secondary Complications and Infections: Poor sanitation and inadequate monitoring can lead to infections and other complications. Ensuring cleanliness and close monitoring before and after procedures is vital.
- Labor & Delivery Errors: Errors during labor and delivery can result in the death or permanent disability of the mother and child. Common errors include failing to monitor vital signs, not ordering timely C-sections and misusing instruments.
How to Prove Medical Malpractice When an Error Occurs
Filing a medical malpractice claim involves several crucial steps to establish that the healthcare provider’s negligence directly caused harm to the patient. To successfully prove medical malpractice, the following elements must be demonstrated:
The Doctor Owed You a Legal Duty of Care: This means that there was a recognized relationship between the patient and the healthcare provider. When you seek medical treatment, the doctor or healthcare provider has a legal obligation to provide care within the appropriate standard of care. This duty of care exists the moment a doctor agrees to treat a patient.
The Doctor Breached This Duty by Not Meeting the Acceptable Standard of Care: A breach occurs when the healthcare provider fails to act in accordance with the standard of care that is expected in the medical community. Section 766.102(1) of the Florida Statutes defines the prevailing standard of care to 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.” Examples of breaches include failure to communicate a change in the patient’s condition, misdiagnosis, surgical errors, and failure to obtain informed consent. Medical experts are needed to establish that standard of care and whether that standard was breached.
The Breach Caused Your Injury: Medicine is not a perfect science. Bad results sometimes happen and not all outcomes that are less than ideal result because of medical malpractice or medical negligence. Accordingly, it must be shown that the breach in the standard of care directly resulted in harm to the patient. This is often the most challenging element to prove, as it requires demonstrating a direct link between the provider’s negligence and the injury suffered. This is another area where medical experts come into play, providing testimony to establish causation. For instance, if a surgical error led to an infection or another health complication, it must be proven that the error was a contributing cause of this outcome.
You Sustained Damages as a Result: Finally, it must be shown that the injury led to specific damages. Damages can be economic, such as additional medical bills, lost wages, and rehabilitation costs. They can also be non-economic, including pain and suffering, emotional distress, and loss of enjoyment of life. Documenting these damages comprehensively is crucial for a successful claim.
Steps in Filing a Medical Malpractice Claim
Initial Consultation with a Medical Malpractice Attorney: The first step is to consult with an experienced medical malpractice attorney who can evaluate your case and determine if it meets the criteria for a malpractice claim.
Gathering Medical Records: Your attorney will collect all relevant medical records, including charts, test results, and any other documentation that can provide evidence of the care you received and the subsequent harm.
Medical Expert Review: A critical part of the process involves having your medical records reviewed by a qualified medical expert who can attest that a breach of the standard of care occurred and that this breach caused your injury.
Preparing a Notice of Intent: Florida requires prospective Plaintiffs and their attorneys to conduct a presuit investigation followed by forwarding a notice of intent to initiate litigation for medical negligence prior to the filing of a complaint. A sworn affidavit corroborating that there are reasonable grounds to initiate medical litigation from an expert must be accompanied with the notice of intent. This then starts a 90 day presuit period where the parties to the pending litigation are supposed to investigate and review the allegations in the notice of intent. This investigation and review includes informal discovery such as submitted to unsworn statements, the production of documents, physical and mental examinations, as well as providing responses to written questions.
Filing the Complaint: Once the necessary evidence is gathered, your attorney will file a formal complaint with the court. This document outlines the allegations against the healthcare provider and the basis for the claim.
Discovery Phase: During discovery, both parties exchange information and gather further evidence through depositions, interrogatories, and subpoenas. This phase is vital for building a strong case.
Negotiation and Settlement: Some medical malpractice cases are settled out of court. Your attorney will negotiate on your behalf to reach a fair settlement that covers all your damages.
Trial: If a settlement cannot be reached, your attorney must be ready to go to trial. Both sides will present their evidence and arguments, and a jury or, in some circumstances, a judge will decide the outcome.
Types of Compensation
- Economic Damages: These include quantifiable financial losses such as medical bills (both past and future), out-of-pocket expenses related to the injury, lost wages from time off work, nursing care, rehabilitation therapy, and diminished earning capacity due to long-term or permanent disability.
- Non-Economic Damages: These compensate for subjective, non-financial losses, including physical pain, emotional distress, decreased quality of life, permanent impairments, and disfigurement.
Protecting Yourself Against Medical Mistakes
New tools and systems are being introduced in the medical industry to make treatment safer. However, errors still impact families every day. Experts recommend being vigilant about your medical care through these steps:
- Ask Questions and Take Notes: Gather as much information as possible from your healthcare provider. Ask about the benefits, side effects, and risks of new medications or procedures. Write down what your doctor tells you to aid your research later.
- Find an Advocate: Have a family member or friend accompany you to appointments to help document information and ask valuable questions.
- Use Technology: Keep medical information in a detailed note or app on your phone or computer. Secure apps can help you store and manage your medical records, aiding better conversations with your physicians and avoiding medical errors.
Conclusion
Holding healthcare providers accountable for medical errors is crucial to preventing further harm. By understanding common medical errors and taking proactive steps in your healthcare, you can better protect yourself and your loved ones. If you have been a victim of medical malpractice, seeking legal assistance can help you recover the compensation you deserve.
At Panter, Panter & Sampedro, we understand the life-changing effects a medical error can have on a family. Many of our attorneys are board certified in civil trial law. In other words, the Florida Bar has designated them to be experts in the area of civil trial law because they have shown to possess special knowledge, skill, and proficiency in the area of civil trial law. They have the experience and resources to handle medical malpractice cases. If you or a loved one is dealing with hardships resulting from medical malpractice or negligence, we urge you to contact our experienced team. With over 30 years of experience fighting to protect families, we are here to help. Call us for a free consultation at (305) 662-6178.
