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Medical Malpractice in Florida: Has it Happened to You?

Medical malpractice is when a doctor or another medical professional does or doesn’t do something that causes you, the patient, injury or harm. If a doctor made a mistake while treating you, you might think you have a medical malpractice lawsuit. The keys to a medical malpractice suit are proving that a mistake was made and that you were harmed by the error. Below are some of the top types of medical malpractice that can lead to a claim. If you are unsure, consult an attorney who can help determine if you should file a medical malpractice lawsuit.

Surgical Errors

A surgical error is, simply, an avoidable mistake made during surgery. While you’ll typically sign an informed consent document before surgery that states you are informed of the risks, surgical errors go beyond the expected risks. Common causes of surgical errors are poor communication, intoxication, fatigue, neglect, shortcuts taken, insufficient planning, and incompetence. You may be a victim of surgical error if you experienced nerve damage, received an incision in the wrong place, had surgical equipment left inside of you, or had the wrong body part operated on.

Negligent Prenatal Care

If you had a high-risk pregnancy and weren’t referred to a specialist even though you would have benefitted from it, you could have a medical malpractice claim. Also, not being offered or having the proper testing conducted can fall under negligent prenatal care. 

Childbirth Injuries

When a doctor fails to act or make the right decision at the time of delivery and the baby and/or mother receives injuries, a medical malpractice claim may be made. Excessive blood loss post-delivery or baby’s oxygen not being monitored are also reasons for medical malpractice suits. Claims for injury to an infant must be brought by the parents.

Anesthesia Error

Anesthesia errors can occur due to faulty equipment, but are often due to incompetence. Types of anesthesia errors are too much or too little of the drug administered, the wrong drug used, delayed delivery, improper instructions given, administering the drug to someone with allergies and not properly monitoring the patient.


While medicine is not an exact science and doctors are sometimes wrong, medical malpractice can occur with a misdiagnosis. If your medical history wasn’t reviewed, appropriate tests weren’t administered, or symptoms weren’t recognized, you could have a medical malpractice claim.

Delayed Diagnosis

An example of delayed diagnosis would be you or a loved one having a treatable illness, but the doctor fails to diagnose the illness for an extended amount of time. During that time, the illness progresses to where it is either untreatable or much harder to treat. Due to the doctor’s delayed diagnosis, you may be able to file a malpractice claim.

Prescription and Medication Errors

Common forms of prescription errors are: receiving the wrong medication, receiving the wrong dosage, mislabeled medication, receiving medication you are allergic to, or not being warned of the side effects of medication. Any of these errors may entitle you to a medical malpractice claim.

If you are unsure what you need to prove in your medical malpractice claim, or if you should file a lawsuit, consult an experienced attorney to help you determine the best course of action.  The attorneys at Baggett Law have experience in medical malpractice cases.  Call us for a free consultation. 

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