Common Types of Medical Malpractice in the United States

The specific definition of medical malpractice varies from state-to-state. Generally medical malpractice is defined as an act or omission by a health care providers, such as a physician or hospital, in which medical care departs from recognized standards of practice in the medical community where the patient was treated, which results in injury or death to the health care provider’s patient. According to a recent government study, preventable medical errors, during or after surgery, cause 10 percent of surgery-related deaths, and cost employers nearly $1.5 billion a year. Below are the most common types of malpractice cases involving medical practitioners.

Misdiagnosis or failure to diagnose is a common form of malpractice among health care providers throughout the United States. If a health practitioner misses a diagnosis or gives a wrong diagnosis to a patient, which results in a failure to properly treat, the provider has committed medical malpractice. An example would be a radiologist failing to diagnose an obvious tumor.

Surgical errors often result in medical malpractice. When a surgeon incorrectly performs a surgery, thus deviating from the standard of care, the patient is all too often injured or killed. About 100,000 hospital patients die each year because of surgical errors. Examples of surgical errors include leaving instruments inside patients, which cause serious infections, or operating on the wrong leg.

Anesthesia errors occur when anesthesiologists give a patient the wrong dose of anesthesia. An error in administering anesthesia can result in brain damage or death. Errors during the administration of anesthesia often occur as the direct result of a physician’s negligence, or carelessness. An example of an anesthesia error is administering anesthesia to an allergic patient.

Medical malpractice in the United States is a very alarming issue. Insurance companies falsely pain a picture that there is a medical malpractice crisis and that doctors are leaving the state of Florida. This is a myth. The facts show that there is no such medical malpractice crisis in Florida, doctors are not leaving the state of Florida and that the medical malpractice insurance companies are raking in record profits at the expense of physicians and hospitals.

For every medical malpractice case, insurance companies hire an attorney right away. If you are a victim of medical malpractice, you should consult with an attorney before you speak with anyone else about the incident. The sooner you retain an experienced medical malpractice attorney, the better your chance of protecting your rights as an injured victim of malpractice. Also, in Florida, the statute of limitations is only two years from the date of malpractice, or when you were aware of, or should have been aware of, the malpractice.

Timothy C. Nies leads a firm’s personal injury, maritime injury, civil litigation, and commercial litigation practice groups. He has spent the past 10 years, first defending well-funded insurance companies and large corporations in complex personal injury cases. If you you are looking for a Stuart personal injury lawyer, a reputable Stuart personal injury attorney at Van Riper & Nies Attorneys, P.A. is ready to serve you today!

Seven Things to Do, and Seven Things Not to Do if, You Sustain an Injury Due to the Negligence of Carelessness of Another

If you, or a family member, suffer an injury due to the negligence, or carelessness, of another, abiding by these seven things to do, and seven things not to do, will help protect your legal rights and compensation for your harms and losses.


Seven Things to do After a Personal Injury

1. Go to an ER, urgent care center or your physician right away if your injuries warrant immediate treatment. Your health is more important than anything else.

2. Call 911 and advise them that you need an ambulance and a police officer in the appropriate case.

3. If the incident involves a fall in a store, document what caused you to fall. Point it out to a manager, and have someone take a picture of condition of the floor, especially if there are any slippery substances on the floor, such as fruit or water. A camera phone will do. If the incident is a car accident, copy down the names, telephone numbers and addresses of all witnesses. If you can, take photographs, or have someone take photographs of the scene. If you are attacked by a dog, obtain the dog owner’s name, address and telephone number.

4. Contact your health insurance company, or car insurance company, and advise them of the incident and your injuries.

5. Document your injuries and property damage. If you have bruising, take photographs and/or video. If your car is damaged, take photographs as soon as you can. If you are prescribed medications, keep the bottles. If you are unable to work, advise your employer in writing that you are unable to work because of your injuries and keep a journal not only containing the days you missed work, but also notes on medical appointments and how the injury is affecting your life. For example, if you were unable to attend your son’s t-ball games, or daughter’s soccer games, document that in writing with dates.

6. Make sure you keep up with all your appointments with your medical doctors. If you have to miss an appointment, advise your doctor right away. Having notations that you missed multiple appointments does not help your case.

7. Speak to friends, relatives or colleagues to obtain a referral to an experienced and skilled attorney and make an appointment right away. Oftentimes, attorneys will visit you at your home.

Seven Things Not to do After a Personal Injury

1. Do not argue with the at-fault party, including the other driver in a car accident, or with a manager at a store where you fell. Try to remain calm as best you can.

2. Do not move your car after a crash unless directed by a police officer or unless if will be unsafe to you or others to leave it where the crash occurred, or the law requires you to move the vehicle. If you must move your car, before doing so, take, or have someone take photographs of the scene of the crash. Again, a camera phone will do.

3. Do not discard or alter evidence that will help you with your case. For example, if you fell on spilled wine at a supermarket, do not throw out, or clean stained clothing. Or, do not have your car repaired until you have spoken with an attorney, or at a minimum, take photographs and video, if possible, of the damage to your car.

4. Do not speak with the insurance company of the person or business, which caused your injuries, without first consulting with an attorney. In fact, you should not speak with anyone prior to speaking with an experienced attorney. You definitely should not say you are sorry, or apologize in any fashion, to the at-fault person or company. If you do, it will be used against you later.

5. Do not skip any appointments with your doctor or physical therapist, as mentioned above. Your medical providers are very important to your case and you do not want them feeling bitter that you have missed appointments. Further, the author of this article is a former insurance company attorney, and when defending those accused of negligence, would scrutinize medical records and note each and every missed appointment. The author, as will all effective insurance company attorneys, will lead the jury to believe that the injured party did not care about getting better, and could have recovered quicker and/or fully if appointments were kept.

6. Do not hire an attorney who sends a “runner” or an “investigator” to initially meet with you instead of meeting with you in person. An experienced and skilled attorney will meet with you at your home or hospital. The author of this article prefers to meet his clients at the scene of the crash or incident so he fully understands the case. All too often clients do not even meet with their attorney until months into the case.

7. Do not engage in settlement discussions without first speaking with an attorney. Many do not know that they are responsible for paying back their health insurance company for the money they paid out to your doctor or hospital above any PIP insurance paid. A skilled attorney will remember to take this into consideration during settlement negotiations and, in fact, will work hard after a case is settled to reduce the amount of the health insurance liens.

Disclaimer: The information contained in this article is general information provided to you “as is”, it does not constitute legal advice and the author is not acting as your attorney. No claims, promises or guarantees about the accuracy, or adequacy of the information contained in, or linked to this article or website, and its associated sites.

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Timothy C. Nies leads a firm's personal injury, maritime injury, civil litigation, and commercial litigation practice groups. He has spent the past 10 years, first defending well-funded insurance companies and large corporations in complex personal injury cases. If you you are looking for a Stuart personal injury lawyer, a reputable Stuart personal injury attorney at Van Riper & Nies Attorneys, P.A. is ready to serve you today!