Medical malpractice is one of the most serious and emotionally charged areas of personal injury law. In Florida, where the healthcare system is vast and complex, patients trust doctors, hospitals, and other providers to deliver competent care. Unfortunately, when that trust is broken through negligence or error, the results can be life-altering or even fatal.
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure causes harm to a patient. While every case is unique, certain types of malpractice claims are more frequently seen in Florida courts.
- Misdiagnosis or Delayed Diagnosis: One of the most common grounds for a medical malpractice lawsuit is a failure to diagnose or a delayed diagnosis. When a doctor fails to recognize the signs of a serious illness such as cancer, heart disease, or stroke, the delay can prevent timely treatment and allow the condition to worsen.In Florida, misdiagnosis claims often involve:
- Cancer (especially breast, lung, and colon cancers)
- Heart attacks or strokes misinterpreted as less serious conditions
- Infections that are overlooked or dismissed as minor issues
To prove malpractice, the injured party must demonstrate that a competent doctor would have made the correct diagnosis under similar circumstances.
- Surgical Errors: Surgical mistakes can lead to devastating injuries and complications. While all surgeries carry inherent risks, negligence during a procedure can form the basis for a valid claim. Common surgical malpractice cases in Florida include:
- Operating on the wrong site or wrong patient
- Leaving surgical instruments inside the body
- Anesthesia errors
- Nerve or organ damage caused by surgical technique
Post-operative care is also a concern. Infections or internal bleeding that go unnoticed after surgery can be just as dangerous as mistakes made in the operating room.
- Medication Errors: Prescription drug errors are another common source of malpractice claims. This can happen at any point—from prescribing the wrong medication to administering an incorrect dose or failing to account for drug allergies or interactions. Pharmacists may also be held liable for dispensing the wrong medication.Medication-related claims in Florida often involve:
- Dangerous drug interactions
- Pediatric or elderly patients given incorrect doses
- Harm caused by opioid overprescription
These errors are especially concerning because they can often be avoided with proper attention and communication among healthcare providers.
- Birth Injuries: Florida hospitals see a number of malpractice cases related to injuries sustained during labor and delivery. Both mother and baby can be at risk when medical professionals fail to act promptly or appropriately in response to complications.Common birth injury claims include:
- Cerebral palsy caused by oxygen deprivation
- Brachial plexus injuries due to improper use of forceps or vacuum
- Failure to order a C-section in time
- Undiagnosed prenatal conditions
Birth injury cases are often emotionally complex and financially burdensome, involving long-term care needs for the child.
- Failure to Obtain Informed Consent: In Florida, doctors are legally required to inform patients about the risks and alternatives of any significant medical procedure or treatment. Failing to do so can lead to a malpractice claim, even if the procedure itself was performed correctly. A valid claim arises when a patient suffers harm from a procedure they would have declined had they been properly informed of the risks.
Holding Negligent Providers Accountable for Malpractice
Florida law sets strict time limits for filing a medical malpractice lawsuit—generally two years from the date the injury is discovered. However, navigating a malpractice claim is complex and often requires expert testimony and a thorough investigation.
At Probinsky & Cole, our experienced legal team understands how devastating medical errors can be. We have the resources and skill to hold negligent providers accountable and to seek the compensation you and your family deserve.
If you believe you or a loved one has been the victim of medical malpractice, contact us today for a free consultation.
