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Medical Malpractice

Victim of Malpractice? | Medical Malpractice FAQ

Medical Malpractice

Medical malpractice occurs when doctors or other medical personnel fail to provide acceptable care, leading to a patient’s injury. Medical malpractice and negligence can occur in any clinical or hospital setting, and early intervention is key. The breadth and complexity of medical malpractice law requires outstanding legal knowledge. The guidance and representation of an experienced Florida medical malpractice attorney are indispensible to malpractice and negligence victims.

Malpractice law serves a specific purpose: legitimate medical malpractice claims help to maintain consistent, high-quality medical care, by holding those in the medical community accountable for their actions. Doctors, pharmacists, and other medical staff have immense responsibility to their patients, whose lives are often in their hands. Medical malpractice law gives patients the right to fight back when these professionals do not take that responsibility seriously resulting in negligence or misdiagnosis. At John Bales Attorneys, we strive to maintain high standards of healthcare by defending the rights of malpractice victims and getting them the compensation they deserve.

If you believe that you are the victim of medical negligence or malpractice, take action as soon as possible. Contact a Florida medical malpractice attorney immediately. Our attorneys and client managers at John Bales Attorneys will begin work right away, gathering a detailed medical history and investigating your case. We take swift legal action if necessary, and support you through the entire process, whether your medical malpractice case is settled out of court or goes to trial. Our law firm is paid only if you receive compensation for your injuries.

In the event that your case goes to trial, an expert witness will testify on your behalf. An expert witness is a doctor who specializes in the same medical field as the person who is accused of malpractice. The expert witness in your medical malpractice case may testify in court, regarding the mistakes made in your treatment that caused your injury. We also enlist expert witnesses to help us review potential medical malpractice claims and determine whether malpractice actually occurred.

If you are the victim of medical malpractice, contact a John Bales medical malpractice injury attorney today. Complete a FREE Online Consultation Form or call us toll free 1-800-CALL JOHN (1-800-225-5564) 24 hours, 7 days a week.

Medical malpractice can occur in a variety of situations, and cause a broad spectrum of injuries, disabilities, misdiagnosis or medical conditions.

Birth Injuries, Defects, and Obstetrical Malpractice

During pregnancy and delivery, doctors make countless choices that have the potential to cause birth injuries and defects. Known as obstetrical malpractice, these choices can lead to serious, lifelong conditions like cerebral palsy, or even the death of the infant. Examples of obstetrical malpractice include failure to plan or perform a cesarean section; overly slow response to a mother’s changing medical conditions like toxemia or high blood pressure; failure to recognize conditions like a prolapsed cord; or improper use of medical tools like forceps. Common conditions that result from obstetrical malpractice include the following:

Cerebral Palsy: Cerebral palsy has been linked to botched emergency delivery using cesarean section, forceps, or vacuum extraction. Infants who required CPR or oxygen immediately after birth, had seizures within the first 3-4 days of birth, or spent time in the neonatal intensive care unit may have acquired cerebral palsy as a result of a medical mistake.

Erb’s Palsy: Erb’s palsy results in brachial plexus paralysis, which is caused by the infant’s shoulder being wedged in the mother’s cervix. Symptoms of Erb’s palsy in infants include paralysis in the face, arm, hands, or fingers; inability to sit upright at a developmentally appropriate age; loss of muscle control; or restricted range of motion. While these symptoms may not seem severe, they can lead to lifelong disabilities.

Brain Injury and Damage

Traumatic brain injuries (TBI) are caused by drastic injury to the brain from an external force. They may occur as a result of a slip and fall, sports injury, car accident, medical errors, construction injuries, or violence. If a TBI victim receives improper care, the victim may suffer from short- or long-term brain damage. Consequences of this medical malpractice may include memory loss, paralysis, or limitation of other mental faculties.

Surgery/Surgical Malpractice

Surgery malpractice occurs when the doctor, surgeon, or other medical personnel fails to properly perform a surgery or related medical procedure. Common instances of surgical malpractice include performing the incorrect surgical procedure; performing surgery on the wrong patient or the wrong site; failure to remove foreign objects from the surgery site; and failure to fully inform the patient of the potential damage or side effects of a surgical procedure.

Anesthesia: Every person reacts differently to anesthesia, based on age, health, and individual ability to process the medication. In some cases, a patient may react strongly to anesthesia, which can result in lung or heart problems, toxic shock, or nerve damage. The short- and long-term injuries caused by anesthesia can be debilitating and dangerous.

Failure to Diagnose or Misdiagnosis

Failure to diagnose or a misdiagnosis often presents added complication to a medical malpractice case, because it could be the fault of either the doctor or the insurance company. The leading cause of medical malpractice suits in the United States, failure to diagnose occurs when the doctor fails to recognize a medical condition that threatens the health or well-being of a patient. The insurance company may also be responsible for failure to diagnose, if the company refuses to authorize treatment or provide adequate financial support for necessary tests and procedures.

Aneurysms: If a doctor fails to recognize the signs of an aneurysm, the result could be the ballooning and rupture of a blood vessel in the brain. The bursting of an aneurysm can result in massive internal bleeding, brain damage, coma, or death.

Cancer: Early detection of cancer is critical to a patient’s successful treatment. Failure to diagnose cancer quickly can limit a patient’s treatment options or allow the cancer to spread throughout the body, rendering effective treatment virtually impossible.

Dental Malpractice

An often-overlooked form of medical malpractice, dental malpractice includes not only injury, but also failure to diagnose dental and oral symptoms or conditions. For instance, failure to diagnose oral cancer constitutes dental malpractice. Other examples of dental malpractice may include damage to the tongue or taste buds; injury due to anesthesia during a dental procedure; or complications due to overlooking a heart condition or other relevant medical history.