Orlando Hospital Liability Attorneys
Most Americans operate on the assumption that our healthcare system is among the best in the world. At a bare minimum, we expect the care we receive in a hospital to be safe and effective. Unfortunately, that is not always the case. According to Harvard Business Review, an estimated 1.2 million people are harmed each year by a medical error made in a U.S. hospital. Figures vary widely regarding the number of lives lost because of hospital errors. Conservative estimates put the number of deaths at over 250,000 each year, making medical errors the third leading cause of death in the U.S. If you were injured because of a hospital error, or you lost a family member because of one, the hospital may be held liable and required to compensate you for your injuries or loss.
A hospital error may amount to medical malpractice; however, the complex nature of medical malpractice law can make it difficult for injured victims or surviving family members to know how to proceed when a hospital error causes injury or death. The Orlando hospital liability attorneys at Bailey Fisher can help. Our practice focuses entirely on the pursuit of justice for injured victims and their families. We have the experience, resources, and dedication to successfully litigate your hospital medical malpractice claim and recover the compensation to which you are entitled to for all your injuries or loss. Contact the team at Bailey Fisher today by calling 407-628-2929 or submit our online form to find out how we can help you.
What is a Hospital Error?
Whether you receive care at a hospital for a scheduled procedure or because of an emergency accident or illness, you expect the hospital to use the utmost care when diagnosing and treating your condition. Shockingly, one in seven Medicare patients in hospitals experiences a medical error, according to the Agency for Healthcare Research Quality. Moreover, the likelihood of being injured by a hospital error can vary greatly depending on the hospital. Patients are twice as likely to die in the lowest-performing hospitals and the top 10 percent of hospitals are 10 times safer than the bottom 10 percent, according to the Harvard Business Review.
When an error occurs during your hospital stay, the ramifications can be serious and often life-changing. Hospital errors can be broadly divided into two types. Errors of omission are errors that occur as a result of actions that are not taken. Errors of commission happen because of negligent or wrong actions that are taken.
When Does a Hospital Error Constitute Medical Malpractice in Florida?
Medical malpractice law allows patients to recover compensation from a healthcare professional, including a hospital, when a medical error causes injury. Not all mistakes, however, amount to medical malpractice. Hospitals and other healthcare providers are held to the standard of care found in Florida Statute 766.102(1) defined as “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.”
When an error occurs at a hospital, the hospital may be held liable if the error was made by an employee of the hospital. This is another area of complication in a hospital error medical malpractice lawsuit because doctors are often not employees of a hospital. Instead, they have “privileges” at the hospital; however, in some cases, even an error made by a non-employee doctor can subject a hospital to liability. Common examples of actionable hospital errors include:
- Failure to order diagnostic tests. For example, failing to order X-rays, a CT scan, or blood tests results in a delay in diagnosis and treatment.
- Adverse drug events. Giving a patient the wrong medication, administering too much or too little medication, or failing to identify potential allergic or harmful drug interactions.
- Misdiagnosing an injury or illness. Diagnosing a patient with cancer, for instance, when the patient does not have cancer.
- Failing to diagnose an injury or illness. Not diagnosing a patient with an injury or illness when the hospital should have made the diagnosis.
- Treating or operating on the wrong person. Administering medication, performing diagnostic tests, or even operating on the wrong person.
- Treating or operating on the wrong body part. For instance, operating on your right leg when the left leg needed surgery.
- Failing to supervise at-risk patients (leading to injury or death). Older, extremely ill, or physically weak patients left unsupervised are frequently injured from a fall.
- Failing to properly train or supervise staff. When inadequate training or supervision contributes to an error, the hospital may be held liable.
- Surgical errors. This includes things such as leaving foreign objects inside a patient, anesthesia errors, and postoperative infections.
- Anesthesia errors. Anesthesia errors include things such as giving a patient too little or too much anesthesia, failing to catch dangerous drug interactions or allergies, and failing to properly monitor while under anesthesia.
- Prematurely discharging a patient. An overcrowded hospital may discharge a patient before the patient has been adequately diagnosed or treated and/or before the patient is medically stable.
- Inadequate follow-up or referral. Hospitals have a duty to follow up with patients and/or provide a patient with relevant and necessary referrals, especially when the patient is only stabilized during an emergency room visit.
Am I Entitled to Compensation for My Orlando Hospital Liability Medical Malpractice Lawsuit?
If you were injured, or lost a family member, because of a hospital error, you may have suffered physical and emotional injuries as well as financial difficulties as a result. The Orlando hospital liability attorneys at Bailey Fisher can help you pursue compensation for all your injuries, including compensation for:
- Medical expenses. Expenses for doctors, hospital stays, surgeries, and medications related to hospital errors.
- Lost income. If a hospital error impacted your ability to work, your lost wages may be compensable.
- Pain, suffering, and other non-economic damages. This includes things such as emotional trauma, disfigurement and scarring, and physical pain.
If you are a surviving parent or child of someone who died because of a hospital error, you may also be entitled to compensation for the financial and emotional impact of your loved one’s death in a Florida wrongful death lawsuit.
How Can Orlando Hospital Liability Attorneys Help Me?
If you believe that a hospital error caused your injury or is responsible (entirely or partially) for the death of a family member, you could be entitled to compensation for your injuries or loss. Pursuing a medical malpractice lawsuit not only ensures that you are fairly and fully compensated but also holds a negligent hospital accountable for making a dangerous error. The experienced Orlando hospital liability attorneys at Bailey Fisher look forward to reviewing the circumstances of your case and explaining your legal options. Let us put our knowledge, resources, and commitment to work for you to maximize your compensation and potentially prevent future hospital errors.
Call us at 407-628-2929 or submit our online form today. One of our experienced Orlando hospital liability attorneys will evaluate your case for free and advise you on the next steps.