American Bar Association
American Association for Justice
The Florida Bar 1950
Florida Justice Association

Medical Malpractice

Negligent Medical Personnel

The majority of trusted physicians, surgeons, obstetricians, dentists and all other medical professionals are in their profession because they wish to help people. Unfortunately, these trusted medical professionals are human, and sometimes make mistakes. When these medical professionals make a mistake during a medical procedure it can lead to catastrophic injuries or even the wrongful death of the patient.

What exactly is medical malpractice? Florida law defines medical negligence as “a breach of the prevailing professional standard of care for that health care provider.” See § 766.102, Florida Statutes. When a physician or nurse fails in this respect, it is considered medical malpractice when a patient is injured or killed as a result of such errors. In the medical community, medical malpractice covers a broad range of behaviors that are considered unskilled, careless or negligent and subsequently injure the patient under their care. What’s more, specialists are generally held to higher standards of care than that of general practitioners because of their extensive training in their field of expertise.

Medical Malpractice and Birth Injuries

A birth injury is any physical trauma sustained by a mother or her newborn child during labor and delivery. Birth injuries can be mild or severe, ranging from insignificant bruising to permanent disabilities. Birth injuries are caused by a variety of factors. For example, large or premature babies are more likely to suffer birth injuries than children who weigh less than 8 pounds, 13 ounces or children who are born on time. Additionally, prolonged labor and breech births are more likely to result in birth injuries.

Occasionally, the size and shape of the mother’s pelvis places the child or mother at a higher risk of sustaining a birth injury. There are a variety of different birth injuries – some of them are the result of natural causes and others are the result of medical negligence. For example, caput succedaneum is a common injury that involves bruising on the child’s scalp. If doctors use forceps too aggressively, the child may suffer mild bruising or be left of forceps marks. Facial paralysis is a severe form of birth injury that is usually caused by unnecessary pressure on the child’s face. For instance, if a doctor applies too much pressure while removing the child from the birth canal, the baby may suffer paralysis.

Generally speaking, facial paralysis is identifiable when the baby cries and may be caused by forceps and vacuum extractors as well. Brachial palsy is one of the most common types of birth injuries. If the child’s head or shoulder becomes lodged against the mother’s pelvic bone during birth, it may suffer a shoulder injury to the brachial plexus. The brachial plexus is a cluster of nerves that controls movement in the child’s arms, shoulders, and hands. If injured, the baby may require medical attention to correct the problem.

Protecting Patients Injured by Misconduct

Medical malpractice cases can involve the failure to diagnose, or they can involve the failure to order necessary tests, or even the failure to interpret the tests correctly. Other common examples of medical malpractice can involve surgical errors, prescribing the wrong treatment, rendering substandard care and many more. When a doctor, nurse, dentist or any other medical professional fails to uphold a high standard of care, the consequences can be fatal. At Klemick and Gampel, P.A. our firm has extensive experience in medical malpractice and wrongful death claims. We are proud to represent medical malpractice victims and their families in all types of medical malpractice cases including but not limited to the following:

  • Birth Injuries
  • Failure to Diagnose Cancer
  • Misdiagnosis
  • Surgical Errors
  • Nursing Home Abuse and Neglect
  • Medication Errors
  • Labor & Delivery Injuries

All medical professionals have a duty to execute the highest standards of care when managing the health, safety and wellbeing of a patient. If you or someone you love has been a victim of medical malpractice, then we urge you to contact a Miami personal injury attorney from our firm immediately. Medical malpractice cases have a statute of limitations. This means that if you don’t file a claim within the state’s statute of limitations, then you lose your right to a settlement permanently. Our firm has extensive experience handling these types of cases and we will handle yours with efficiency and competence. Call us today to schedule your initial consultation with a member of our legal team. Injured by a doctor? If so, contact a Miami medical malpractice lawyer from the firm without delay.

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