Boca Raton Hospital Errors Attorneys
Boca Raton and surrounding areas are home to multiple hospitals which service thousands of patients weekly. Quite naturally, few of us expect to come out of the hospital sicker than we went in. Sadly, this does occur and there are people who suffer harm because of negligent and incompetent hospital care.
At Hersh Kirtman Injury Law, our medical malpractice team is focused on helping people who have been harmed by careless medical providers. We can bring claims against hospitals for substandard medical errors, but we need to hear from you first.
Our clients are often injured by one or more of the following:
Diagnostic errors, including misdiagnosis, delayed diagnosis, and failure to diagnose. These errors lead to a delay in receiving critically important care.
Cancer misdiagnosis. Doctors fail to diagnose cancer because they do not order the correct tests, misinterpret test results, or disregard symptoms reported by patients. When left untreated, cancer can spread and is much more likely to be fatal.
Surgical mistakes. Surgery is inherently risky, but negligent surgical teams can cause serious, sometimes fatal injuries. Common mistakes include leaving surgical tools inside of the patient, damaging healthy tissue, performing the wrong surgery, or anesthesia errors.
Healthcare associated infections. Many bacteria or viruses are circulating around hospitals, some of which are immune to the most common treatments.
Lack of informed consent. Doctors must explain the risks of a proposed treatment while also discussing alternatives (and their risks) so patients can make an informed choice about their care.
Emergency room errors. The emergency room is usually a hectic place, and staff can overlook patients, provide the wrong treatment, or discharge someone too soon.
Failure to comply with policies and procedures. Hospital staff generally have various policies and procedures to follow aimed at protecting the safety and welfare of patients. Unfortunately, instances occur where policies and procedures, of physician orders, are not followed, and injury or death results.
Miscommunication or lack of communication. Hospitals are comprised of numerous departments with various personnel involved in any one patient’s care at any given time. These include the emergency room, surgical units, anesthesia, post-anesthesia, recovery, intensive care, and the hospital floors, among others. It is crucial that as a patient moves between departments within a hospital that the hospital staff communicate with one another and properly document the patient’s status and condition. Failure to do so results in missed signs and symptoms of distress and substandard care that may lead to harm, injury or death.
What Causes Hospital Errors?
Hospital errors should be very infrequent. Unfortunately, hospital errors happen, and they happen for several reasons. Some of those reasons include:
First, some hospitals are careless in how they hire staff. They might fail to check work history or references, or they overlook criminal convictions and other disciplinary problems. Hospitals are often pressed for skilled workers and might cut corners.
Second, some hospitals are critically understaffed because they are trying to increase profits. With fewer nurses on hand, errors are bound to increase.
Third, many hospitals are poorly managed. They do not have processes in place for correct data entry, patient records, or staff communication. These deficiencies increase the risk of improper care.
Establishing Hospital Liability
If you were injured, you might pursue a claim against the hospital. Generally, hospitals are responsible when their employees injure people negligently in the course of employment. The legal doctrine is called “respondeat superior.” Hospital medical staffs typically include hospital based internal medicine physicians (hospitalists), nurses, nurse practitioners, respiratory therapists, pharmacists and technicians. When these medical professionals act carelessly and injure patients, the hospital is responsible for their negligence.
With many doctors, a question arises as to whether they are employees of the hospital. Most are independent contractors, so the respondeat superior principle doesn’t apply. Still, a hospital could be liable for the negligence of an independent contractor in certain situations. Hersh Kirtman Injury Law has a record of success holding hospitals liable for the negligence of its non-employee doctors.
Establishing a hospital’s liability is critical to maximizing the compensation you receive in a medical malpractice claim. Florida law does not require physicians to carry medical malpractice liability insurance. Many doctors choose to avoid spending money on insurance premiums and protect their personal assets leaving you and your loved ones vulnerable if the doctor’s malpractice causes serious injury or death. Further, hospitals try to avoid liability by hiring third party medical providers and then claim they are not legally responsible for the harms the non-employee doctors cause. The attorneys at Hersh Kirtman Injury Law know how to navigate these challenges to help you and your loved ones during a time of tremendous need.
We Seek Justice for Our Clients
Florida has many laws on the books to shield hospitals and doctors from liability for their mistakes. Fortunately, we can help you and your family hold all parties legally responsible for medical malpractice, and we have a long record of success doing so. Please call Hersh Kirtman Injury Law today to schedule a free consultation.