medical malpractice lawyer in florida

Claims Our Florida Medical Malpractice Attorneys Handle

At Ehrlich & Naparstek, we understand the complexities and challenges that arise in medical malpractice cases. Our team of seasoned Florida medical malpractice attorneys brings extensive experience and in-depth knowledge of the intricacies of medical malpractice law. We are dedicated to advocating for the rights of individuals who have suffered harm due to medical negligence.

With our comprehensive understanding of medical malpractice law, we are equipped to handle a diverse array of claims. Our expertise extends to various facets of medical malpractice, enabling us to provide comprehensive legal support to our clients. We recognize that each case is unique, and we tailor our approach to address the specific circumstances and needs of our clients.

Here are some of the types of claims we handle:

Pharmacy Errors
Failure to Treat
Misdiagnosis Cancer
Misdiagnosis Heart Attack
Failure to Diagnose Misdiagnosis
Radiological Misdiagnosis
Stroke Misdiagnosis
Lack of Informed Consent
Negligence Treatment
Error Resulting in Brain Injury
Anesthesia Errors
Birth Injuries
Amputation Injuries
Surgical Errors
Emergency Room
Negligence Medication Errors
Nursing Home or Assisted Living Facility

Types of Medical Malpractice: Common Forms of Medical Negligence 

Surgical Errors 

Surgical errors can occur in various types of surgical procedures, ranging from minor outpatient surgeries to complex and extensive surgeries. These errors can have significant consequences for patients, leading to prolonged recovery times, additional surgeries, and sometimes permanent harm. Understanding the types of surgical errors that can occur is crucial in recognizing the potential risks and advocating for patient safety.

Examples Of Surgical Errors

• Performing surgery on the wrong body part
• Operating on the wrong patient
• Leaving surgical instruments or sponges inside the patient’s body
• Administering too much or too little anesthesia
• Causing nerve damage during surgery
• Making incisions or punctures in organs or tissues unintentionally
• Failing to properly control bleeding during surgery
• Injuring nearby organs or tissues during surgery
• Failing to monitor the patient’s vital signs during surgery
• Failing to provide appropriate post-operative care, such as preventing infections or blood clots

Emergency Room Negligence: When Immediate Care Fails

Emergency Room Negligence is a serious issue that can have severe consequences for patients who are in dire need of immediate and appropriate medical care. This form of medical malpractice occurs when healthcare providers in emergency rooms fail to deliver the necessary care to patients in a timely and appropriate manner. One of the primary ways that emergency room negligence can occur is through misdiagnosis. This happens when a healthcare provider incorrectly identifies a patient’s condition or fails to diagnose a serious illness or injury. Misdiagnosis can lead to inappropriate treatment or a delay in necessary treatment, which can exacerbate a patient’s condition and potentially lead to further harm or even death.

Examples Of Emergency Room Negligence

• Failure to conduct appropriate diagnostic tests
• Failure to properly assess a patient’s condition
• Failure to provide timely treatment
• Misdiagnosis or delayed diagnosis of a medical condition
• Medication errors, such as administering the wrong medication or dosage
• Failure to order necessary medical interventions or procedures
• Failure to identify and address potential complications or adverse reactions to treatment
• Neglecting to obtain informed consent from the patient or their family members
• Discharging a patient too soon or without adequate follow-up care instructions
• Failing to properly train or supervise emergency room staff.

Navigating the Challenges of Medication Errors 

Medication errors pose a significant risk to patient safety and can occur at various stages of the medication process, encompassing prescribing, dispensing, and administering medications. These errors can result in serious harm to patients if not identified and addressed promptly. Understanding the context of medication errors is crucial in implementing preventive measures and ensuring patient well-being. Medication errors can begin at the prescribing stage, where healthcare providers make decisions regarding the type, dosage, and frequency of medications to be administered.

Common errors in prescribing include prescribing the wrong medication, where the healthcare provider mistakenly selects an incorrect medication for the patient’s condition. This can occur due to factors such as illegible handwriting, similar drug names, or inadequate verification processes. Another prevalent error is prescribing the wrong dosage, which involves inaccurately determining the appropriate amount of medication needed. This can result in underdosing, leading to ineffective treatment, or overdosing, which can cause adverse effects and potential harm to the patient.

Examples Of Medication Errors:

• Dispensing the wrong medication
• Providing incorrect dosage instructions
• Filling the prescription with the wrong strength or form of medication
• Giving medication to the wrong patient
• Mislabeling medication
• Failing to identify potential drug interactions or contraindications
• Failing to identify patient allergies or other medical conditions that could affect medication safety
• Providing incorrect or insufficient information about the medication to the patient or healthcare provider
• Failing to properly store or handle medication
• Failing to adhere to applicable laws, regulations, or industry standards related to pharmacy practice

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Examples Of Pharmacy Errors:

• Dispensing the wrong medication
• Providing incorrect dosage instructions
• Filling the prescription with the wrong strength or form of medication
• Giving medication to the wrong patient
• Mislabeling medication
• Failing to identify potential drug interactions or contraindications
• Failing to identify patient allergies or other medical conditions that could affect medication safety
• Providing incorrect or insufficient information about the medication to the patient or healthcare provider
• Failing to properly store or handle medication
• Failing to adhere to applicable laws, regulations, or industry standards related to pharmacy practice.

Failure to Diagnose – Failure to diagnose occurs when a healthcare provider fails to identify a medical condition in a timely manner. This can result in delayed treatment, which can lead to serious health complications or even death.

Examples Of Medical Failure To Diagnose:

• Misdiagnosis
• Delayed diagnosis
• Failure to conduct appropriate tests
• Incorrect performance of tests, leading to inaccurate results
• Mishandling of test results
• Failure to obtain a second or third opinion for complex diagnoses
• And other related issues

Failure to Treat – Failure to treat occurs when a healthcare provider fails to provide appropriate treatment for a diagnosed medical condition. This can result in the condition worsening or becoming life-threatening.

Examples Of Medical Failure To Treat:

• Failure to diagnose a medical condition in a timely manner
• Delaying necessary medical treatment or procedures
• Failure to provide appropriate medical interventions or therapies
• Failure to properly monitor a patient’s condition or progress
• Failing to refer a patient to a specialist or other medical professional when necessary
• Discharging a patient too soon or without adequate follow-up care instructions
• Failing to provide appropriate medication management or dosage adjustments
• Neglecting to obtain informed consent from the patient or their family members for necessary treatments or procedures
• Failing to recognize and address potential complications or adverse reactions to treatment
• Failing to properly train or supervise healthcare staff.

Misdiagnosis – Misdiagnosis occurs when a healthcare provider provides an incorrect diagnosis for a medical condition. This can lead to delayed treatment, inappropriate treatment, or no treatment at all.

Examples Of Medical Misdiagnosis Errors:

• Diagnosing the wrong medical condition
• Delaying a correct diagnosis
• Failing to diagnose a medical condition altogether
• Misinterpreting diagnostic test results
• Not ordering necessary diagnostic tests
• Not taking a complete medical history or conducting a thorough physical exam
• Failing to consider all potential medical conditions that could explain the patient’s symptoms
• Relying too heavily on initial assumptions or biases in making a diagnosis
• Not seeking a second opinion when a diagnosis is unclear or complex
• Failing to properly train or supervise medical staff.

Cancer Misdiagnosis – Misdiagnosis of cancer can result in delayed treatment, which can lead to serious health complications or even death. Common types of cancer misdiagnosis include misreading or misinterpreting diagnostic imaging, misidentifying a tumor as benign, or failing to perform necessary tests or biopsies.

Examples Of Cancer Misdiagnosis Include:

• Misdiagnosing cancer as a benign condition or vice versa
• Delaying diagnosis and treatment of cancer, leading to more advanced stages of the disease
• Failing to order or perform necessary diagnostic tests, such as biopsies or imaging studies
• Misinterpreting diagnostic test results, such as mammograms or Pap tests
• Not considering the possibility of cancer in patients who may not fit the typical profile, such as younger patients or those without a family history of the disease
• Failing to recognize atypical symptoms of cancer, which can vary depending on the type of cancer
• Not considering a patient’s medical history, risk factors, and symptoms when making a diagnosis
• Relying too heavily on initial assumptions or biases in making a diagnosis
• Not seeking a second opinion when a diagnosis is unclear or complex
• Failing to properly train or supervise medical staff

Heart Attack Misdiagnosis – Misdiagnosis of a heart attack can result in delayed treatment, which can lead to serious complications or death.

Examples Of Heart Attack Misdiagnosis Errors:

• Misdiagnosing a heart attack as a less serious condition, such as indigestion or anxiety
• Delaying diagnosis and treatment of a heart attack, leading to more severe damage to the heart muscle
• Failing to recognize atypical symptoms of a heart attack, which can be more common in women and older adults
• Misinterpreting diagnostic test results, such as an electrocardiogram (ECG) or blood tests
• Not performing necessary diagnostic tests, such as a stress test or angiogram
• Failing to consider a patient’s medical history, risk factors, and symptoms when making a diagnosis
• Not considering the possibility of a heart attack in patients who may not fit the typical profile, such as those with diabetes or high blood pressure
• Relying too heavily on initial assumptions or biases in making a diagnosis
• Not seeking a second opinion when a diagnosis is unclear or complex
• Failing to properly train or supervise medical staff.

Radiological Misdiagnosis – Radiological misdiagnosis can occur when a healthcare provider misreads or misinterprets medical imaging results, leading to inappropriate treatment.

Examples Of Radiological Misdiagnosis:

• Misinterpreting radiology images, such as X-rays, CT scans, or MRI scans
• Failing to detect abnormalities or lesions that are present in the images
• Mislabeling or confusing images of different patients
• Failing to order or perform necessary imaging studies
• Not considering the possibility of a rare or unusual condition when interpreting the images
• Not considering a patient’s medical history, risk factors, and symptoms when interpreting the images
• Relying too heavily on initial assumptions or biases in interpreting the images
• Not seeking a second opinion when the interpretation of the images is unclear or complex
• Failing to properly maintain and calibrate imaging equipment
• Failing to properly train or supervise medical staff who perform and interpret radiology studies.

Stroke Misdiagnosis – Misdiagnosis of a stroke can result in delayed treatment, which can lead to serious complications or death.

Misdiagnosis Of Strokes Include:

• Misdiagnosing a stroke as a less serious condition, such as a migraine or vertigo
• Delaying diagnosis and treatment of a stroke, leading to more severe damage to the brain and potential long-term disabilities
• Failing to recognize atypical symptoms of a stroke, which can be more common in women and younger patients
• Misinterpreting diagnostic test results, such as a CT scan or MRI
• Not performing necessary diagnostic tests, such as a carotid ultrasound or angiogram
• Not considering a patient’s medical history, risk factors, and symptoms when making a diagnosis
• Failing to recognize the signs and symptoms of a transient ischemic attack (TIA), which is a temporary interruption of blood flow to the brain and can be a precursor to a stroke
• Relying too heavily on initial assumptions or biases in making a diagnosis
• Not seeking a second opinion when a diagnosis is unclear or complex
• Failing to properly train or supervise medical staff.

Lack of Informed Consent – Patients have the right to make informed decisions about their medical treatment. Failure to obtain a patient’s informed consent before performing a procedure can result in a medical malpractice claim.

Negligence Due To Lack Of Informed Consent Includes The Following:

• Failing to disclose the risks and potential complications of a medical procedure or treatment to a patient
• Not providing adequate information about the benefits and alternatives to the proposed procedure or treatment
• Failing to obtain a patient’s informed consent before performing a medical procedure or treatment
• Not giving the patient enough time to consider the information provided and ask questions before consenting to the procedure or treatment
• Coercing or pressuring a patient to consent to a procedure or treatment
• Not obtaining consent from a patient’s legally authorized representative, such as a family member or guardian, when the patient is unable to provide informed consent
• Failing to disclose the identity and qualifications of the medical personnel who will be performing the procedure or treatment
• Not informing the patient of any potential conflicts of interest, such as financial relationships between the medical provider and the manufacturer of a device or drug used in the procedure or treatment
• Failing to document the informed consent process in the patient’s medical records
• Failing to adhere to any state or federal laws and regulations regarding informed consent.

Nursing Home or Assisted Living Facility Negligence – Negligence in nursing homes or assisted living facilities can include neglect, abuse, or failure to provide appropriate medical care.

The Types Of Negligence That Can Occur In A Nursing Home Or Assisted Living Facility:

• Failure to provide appropriate medical care or medication management
• Neglecting to provide adequate food and hydration, leading to malnutrition or dehydration
• Failing to prevent falls and injuries, such as broken bones or head injuries
• Not providing sufficient assistance with daily living activities, such as bathing, dressing, and grooming
• Neglecting to prevent the development of bedsores or pressure ulcers
• Failing to properly monitor and manage chronic medical conditions, such as diabetes or hypertension
• Not providing appropriate mental health care or preventing abuse and neglect by staff or other residents
• Neglecting to ensure a safe and clean living environment, leading to the spread of infections and illnesses
• Failing to provide appropriate social activities and interactions to prevent social isolation and depression
• Not complying with state and federal regulations regarding staffing levels, training requirements, and quality of care.

Treatment Error Resulting in Brain Injury – Treatment errors, such as administering the wrong medication or incorrect dosage, can result in brain injuries that can be life-altering or even fatal.

Medical brain injury treatment errors include:

• Administration of incorrect medication or dosage
• Failure to properly monitor vital signs during surgery or medical procedures, resulting in oxygen deprivation to the brain
• Delayed diagnosis or treatment of conditions that can cause brain injury, such as stroke or traumatic brain injury
• Inadequate management of medical conditions that can lead to brain injury, such as high blood pressure or diabetes
• Surgical errors that result in damage to the brain or surrounding tissues
• Failure to properly manage anesthesia during surgery, leading to brain injury
• Not taking appropriate precautions to prevent infection or other complications during surgery or medical procedures
• Misdiagnosis or delayed diagnosis of brain infections or tumors, leading to a worsening of the condition and possible brain injury
• Inadequate treatment or management of seizures or epilepsy, leading to brain injury from repeated seizures
• Use of faulty or defective medical devices or equipment during surgery or medical procedures, resulting in brain injury.

Negligence Amputation Injuries – Amputation injuries can result from surgical errors or failure to diagnose and treat a medical condition in a timely manner.

Negligence can result in amputation injuries such as:

Anesthesia Errors – Anesthesia errors can include administering too much anesthesia, failing to monitor the patient’s vital signs, or using defective equipment.

Medical Anesthesia Error Examples:

• Dosage errors: Giving too much or too little anesthesia can lead to complications such as respiratory distress, blood pressure instability, or even death.
• Delayed anesthesia: Delay in administering anesthesia can cause the patient to experience pain and anxiety during the procedure.
• Failure to monitor: Failure to properly monitor the patient’s vital signs during anesthesia can lead to serious complications such as respiratory or cardiac arrest.
• Equipment failure: Equipment failure during the administration of anesthesia can lead to inadequate or excessive dosages, which can cause harm to the patient.
• Inadequate preoperative evaluation: Inadequate preoperative evaluation can result in failure to identify potential risks or medical conditions that could affect the administration of anesthesia.
• Drug interactions: Anesthesia drugs can interact with other medications the patient is taking, resulting in adverse reactions or ineffective anesthesia.
• Failure to recognize complications: Failure to recognize complications during anesthesia can delay treatment and result in serious injury or death.

Birth Injuries – Birth injuries can occur during delivery and can result in serious, lifelong complications for the child and the mother.

Negligence can result in birth injuries such as:

• Failure to monitor: Failure to properly monitor the mother and the baby during labor and delivery can result in missed signs of distress, which can lead to serious complications.
• Delayed C-section: Delay in performing a necessary C-section can result in brain damage, cerebral palsy, or other permanent injuries to the baby.
• Incorrect use of instruments: Incorrect use of instruments such as forceps or vacuum extractors can cause physical injuries to the baby, such as skull fractures or nerve damage.
• Medication errors: Incorrect administration of medications such as oxytocin or anesthesia can result in harm to the mother or the baby.
• Failure to recognize fetal distress: Failure to recognize signs of fetal distress, such as a drop in the heart rate, can result in serious complications and injuries to the baby.
• Inadequate prenatal care: Inadequate prenatal care can result in failure to identify and address potential risks or medical conditions that could affect the health of the mother or the baby during labor and delivery.
• Lack of communication: Lack of communication between healthcare providers can lead to misunderstandings, delays in treatment, or inadequate care.

If you or a loved one has been the victim of any of these medical malpractice issues, it’s important to seek legal help from an experienced attorney. At Ehrlich & Naparstek, we have a team of skilled attorneys who are dedicated to helping victims of medical malpractice in Florida. We offer a free consultation to discuss your case and determine the best course of action. Contact us today to learn more.

Medical Malpractice Facts and Statistics

Medical malpractice is a serious problem in the United States, and Florida is no exception. According to a recent study, medical errors are the third leading cause of death in the US, responsible for an estimated 250,000 deaths every year. In Florida alone, there were over 3,700 medical malpractice claims in 2020.

What Qualifies as Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the appropriate standard of care, resulting in harm to the patient. Examples of medical malpractice include misdiagnosis, surgical errors, medication errors, and failure to diagnose or treat a medical condition. To prove medical malpractice, the plaintiff must show that the healthcare provider breached the applicable standard of care, and that this breach caused the patient’s injury or death.

What is the Applicable Standard of Care? 

The standard of care is the level of care that a reasonable healthcare provider would provide under similar circumstances. In Florida, the standard of care is determined by the prevailing professional standard of care within the community of healthcare providers who have similar training and experience. A Florida medical malpractice attorney can help you determine whether the healthcare provider breached this standard of care and whether you have a valid medical malpractice claim.

Ins and Outs of Medical Malpractice in Florida: Key Considerations

First, it’s important to know that medical malpractice occurs when a healthcare provider fails to provide the standard of care expected of them, resulting in harm to the patient. In Florida, the statute of limitations for medical malpractice cases is generally two years from the date of the injury or when the injury should have been discovered, with some exceptions. 

Another critical consideration is the burden of proof. To win a medical malpractice case in Florida, you must prove that the healthcare provider’s negligence caused your injury. This requires expert testimony and evidence demonstrating that the provider’s actions were below the standard of care. 

It’s also worth noting that Florida has a cap on non-economic damages in medical malpractice cases, meaning there is a limit on the amount of compensation you can receive for pain and suffering, emotional distress, and other intangible losses. 

If you are pursuing a medical malpractice case in Florida, it’s essential to work with an experienced attorney who can guide you through the process and ensure that your rights are protected. With Ehrlich & Naparstek, you can hold healthcare providers accountable for their negligence and secure the compensation you deserve.

Protecting Yourself: A Patient’s Guide to Medical Malpractice in Florida

As a patient, you trust your healthcare providers to provide you with the best possible care. Unfortunately, medical malpractice can occur, and patients can suffer harm as a result. If you or a loved one has been a victim of medical malpractice in Florida, it’s essential to know your rights and understand the steps you can take to protect yourself. 

First, it’s important to recognize the signs of medical malpractice. Some common examples include misdiagnosis, surgical errors, medication errors, and failure to diagnose a condition. If you suspect that you have been a victim of medical malpractice, you should seek legal advice from an experienced attorney. In Florida, medical malpractice cases have a statute of limitations, which means there is a specific amount of time to file a lawsuit. It’s crucial to act quickly and not delay in seeking legal advice if you suspect medical malpractice. When pursuing a medical malpractice case in Florida, it’s important to work with an attorney who has experience in this area of law. 

Your attorney will help you navigate the legal system, gather evidence, and build a strong case to hold the healthcare provider accountable for their negligence. It’s also essential to understand the potential outcomes of a medical malpractice case. If you win your case, you may be eligible for compensation for medical expenses, lost wages, pain and suffering, and other damages.

Florida Medical Malpractice: How to Stay Informed and Protected 

Medical malpractice occurs when a healthcare professional, such as a doctor or nurse, provides treatment that falls below the standard of care, resulting in harm to the patient. In Florida, there are laws and regulations in place to protect patients from medical malpractice and hold healthcare providers accountable for their actions. 

To stay informed and protected, it’s important to know your rights as a patient. In Florida, patients have the right to receive medical care that meets a certain standard of quality. If you believe you’ve been the victim of medical malpractice, you can file a lawsuit to seek compensation for any damages you may have suffered. To help prevent medical malpractice, there are steps you can take as a patient. 

You can research your healthcare providers before choosing them, ask questions about your treatment, and be proactive in your own care. It’s also important to keep detailed records of your medical history and any treatments you receive. In conclusion, Florida has laws in place to protect patients from medical malpractice, but it’s important for patients to stay informed and proactive in their own care. By knowing your rights and taking steps to prevent medical malpractice, you can help ensure that you receive the best possible care and avoid potential harm.

Justice for Medical Malpractice Victims: How Ehrlich & Naparstek Can Help

At Ehrlich & Naparstek, we are dedicated to helping victims of medical malpractice pursue justice and receive fair compensation for their injuries. With years of experience and a track record of success, our team of skilled attorneys has the knowledge and expertise needed to navigate complex medical malpractice cases. If you or a loved one has been the victim of medical malpractice in Florida, don’t wait to seek legal help. 

Contact Ehrlich & Naparstek today to schedule a consultation and discuss your options. We understand the physical, emotional, and financial toll that medical malpractice can take, and we are here to fight for your rights and hold healthcare providers accountable for their actions. Let us help you get the justice and compensation you deserve.