The Complex Nature Of A Medical Malpractice Lawsuit

On Behalf of | Feb 23, 2022 | Medical Malpractice

Everyone who goes to a healthcare facility expects to be examined, diagnosed, and treated. However, it doesn’t always go smoothly and you may end up further hurt. Some healthcare professionals might be negligent or lax in their responsibilities, which can have serious consequences for the patient. It might lead to a more complicated medical problem and greater injuries. If this happens, you may be obligated to file a medical malpractice suit in order to recover your expenses and heal from other damages.

People may be unaware of the fact that medical malpractice occurs more often in the United States than they’d expect. Some situations have severe results like lasting health issues or even death. Every year, about 251,454 people die in the United States because of medical errors, according to a study. This accounts for 9.5% of all deaths in the country each year.

Doctors must maintain the duty of care they have to their patients, according to the ethical standard. To put it another way, doctors should perform their responsibilities to the best of their abilities, utilizing any and all resources at their disposal.

There are a variety of reasons medical negligence or malpractice occurs. Inexperience and gross negligence are two common examples. It might be difficult to determine if a doctor or other medical expert has treated you improperly and caused damage that has the elements of medical malpractice, which is why it’s best to work with a medical malpractice lawyer who can assist you.

Medical Negligence that Causes Harm

Medical malpractice or negligence are terms used to describe the situation when a healthcare provider fails to adequately fulfill his or her duty of care to a patient, resulting in further injury or death. These scenarios often have consequences that can be catastrophic, and this is why they should be handled with diligence and care. What sorts of situations might result in medical malpractice?


The majority of medical malpractice suits are filed by people who have been treated or diagnosed incorrectly, or not at all. When a doctor misses or delays a diagnosis, patients may miss treatment chances that might have prevented significant damage or death.

If a doctor diagnoses a patient incorrectly, it could lead to the prescription of treatments that are not significant or beneficial to the patient’s condition, or worse, that could harm them. In filing a medical malpractice case lawsuit due to misdiagnosis, you need to prove that the doctor or other healthcare provider was wrong.

You can do this by showing how a competent doctor would have diagnosed the condition correctly. If another competent medical professional would not have made the same mistake under the same circumstances, then the person who misdiagnosed you may be liable for medical malpractice.

Medication Mistakes

Medication errors happen when the doctor prescribes the wrong drug, gives you a drug that is not supposed to be taken with other drugs, or does not notice that two drugs might not mix well. When a doctor gives the incorrect medicinal therapy for a critical illness or injury, it might result in deadly consequences. This also applies to physicians who fail to give treatment for a patient’s condition. Sometimes, the wrong medication is given to the wrong person. The most common mistake, though, is giving too large or too little a dose of what a patient needs.

Anesthesia Errors

Anesthesia mistakes are rather uncommon, but they can be more deadly than surgical blunders in some medical malpractice cases. For example, a single mistake by the anesthesiologist might result in long-term disability, brain damage, or death.

Some common causes of medical malpractice by anesthesiologists include not investigating a patient’s medical history for possible problems and not telling the patient about necessary pre-surgical procedures or requirements.

Giving too much anesthesia to the patient is another common example of an anesthetic mistake. Anesthesiologists may also be sued for failing to monitor the patient’s vital signs, improper intubation, or making use of incorrect equipment in the anesthetic procedure.

Failure to Prevent or Treat Infections

People often get infections while they are in the hospital. Although they are thought of as sterile facilities, hospitals are actually filled with infectious agents at their strongest state. These infections can be dangerous for elderly people or people with a weak immune system. For this set of vulnerable people, infections can become lethal. In addition, many of today’s infections cannot be treated with traditional antibiotics.

Neglect, such as unclean conditions or tools, can cause infections. Patients may also become ill owing to staff members’ failure to follow infection prevention techniques like hand-washing and usage of masks.

Surgery Errors

Sometimes surgeons make mistakes during surgery. These mistakes can be things like operating on the wrong part of the body or leaving surgical equipment inside the patient’s body. There have been a few procedures where surgeons have inadvertently punctured a body organ or blood vessel during surgery. All of these makeup for medical malpractices.

Nursing professionals might be negligent in post-surgical; care, mistakenly or unintentionally failing to give the correct medicines that are critical for post-surgical recovery. They may also employ unsafe treatment methods that could lead to an infection.

What Should You Do After a Medical Malpractice?

Medical malpractice litigation can be complicated and you’ll need the assistance of a medical malpractice lawyer to navigate the complexities of a medical malpractice case. It is imperative you have someone on your side who understands how medical malpractice law works and can fight for your rights. Many victims of medical malpractice are left feeling angry, dissatisfied, confused, and seeking justice. You’ll need a lawyer you can rely on to guide you through making the right decisions when medical malpractice occurs.

For example, a medical malpractice lawyer will make you aware that you have a time limit to bring your case. Each state has enacted a statute of limitations that prevents you from bringing a medical malpractice claim after a certain amount of time has passed. In the State of Florida, the statute of limitations for medical malpractice cases is two years.

Medical malpractice laws vary from state to state. It is important to contact an experienced lawyer as soon as possible after you are injured or receive subpar medical care to make sure you have enough time to file a case.

Other Reasons For The Complex Nature of a Medical Malpractice Lawsuit

Signs of Medical Malpractices Delay

One reason medical malpractice lawsuits may be a little complicated is that the effects of the mistake might not be evident right away. The symptoms indicating that there has been medical malpractice might not manifest until much later.

In the context of a misdiagnosis, for example, you may not be aware of the actual cause of your symptoms until after you’ve been provided with a proper diagnosis. You should contact an attorney as soon as you realize that a medical professional has been negligent or careless.

Settlements May Take a While

Medical malpractice cases can be long and complicated. For example, in these cases, a medical expert must be involved to demonstrate how the medical professionals should have acted and how their negligence has caused you damages. Experts, too, will be called to the stand to describe the cause and extent of your injuries as well as establish the compensation you are owed. All of these factors, without a doubt, add to the length of the case.

However, it’s vital to remember that being dissatisfied with a medical result does not always lead to a medical malpractice lawsuit.

Patients who were dissatisfied with the care provided by their health care providers have filed medical malpractice lawsuits, only to have their claims rejected in court. If you are hurt because a doctor’s actions were not up to the standards for medical care, then an attorney with experience in medical malpractice law can review your case and help you determine if you should file a malpractice claim.

How to Make a Medical Malpractice Claim

If you’re thinking about bringing a medical malpractice claim, having a basic idea of what to anticipate can be beneficial. Your selected legal counsel will evaluate your story and determine whether it contains any elements of medical malpractice, sufficient enough for you to continue with your claim.

Your lawyer will carry out a thorough examination if you decide to take legal action. They’ll gather paper records, medical records, employment records, and other relevant evidence to show that you were harmed.

Your lawyer also will bring in expert witnesses after they gather enough proof. These individuals will explain how your doctor should have responded and why their conduct should be deemed careless.

Get More Information on Your Legal Rights

Kaire & Heffernan, LLC has a team of the greatest medical malpractice lawyers in Miami, Florida. We consult with medical professionals and are well-versed in medical malpractice law so we can educate clients, juries, and judges about how the doctor was irresponsible or guilty of medical negligence. Our staff is dedicated to helping our clients get the compensation they deserve.

Our injury attorney team is prepared to assist you in learning about your legal rights and choices and will do everything we can to help you get a favorable outcome. Our law firm can explain how medical negligence claims work and whether you have a viable medical malpractice case.

We offer an initial consultation, which is completely free of cost or any obligation. To get a free consultation, call us at 305-376-7860 or contact us online.