Failure to Diagnose / Surgical Negligence Claims

No surgical error is a small one. You may have seen horror stories about surgeons who amputate the wrong limb or remove the wrong body part on the evening news

While any surgical procedure poses potential hazards, it is quite devastating when surgical injury occurs, especially when it stems from surgical negligence. One of the most common types of medical malpractice claims is surgical negligence. A surgeon’s knife can slip or a surgeon cuts the wrong area and fails to recognize the error and correct it. Things can occur during surgery that can cause severe affects on a patient and when surgical injury is a result of negligence, then patients harmed do have a right to recovery.

Surgical errors are much more common than many individuals tend to realize. Thousands of surgical errors occur each year with many resulting in permanent damage to the body, including organ damage, brain damage, heart problems, and unfortunately, even death. While many surgical errors do occur before or during surgery, errors also occur after surgery in the post-operative stage, including failing to diagnose a complication or problem that is a result of the surgery itself. Sometimes surgeons are reluctant to admit that something went wrong and that the patient requires an immediate re-operation. Post-operative surgical errors can lead to infection, sepsis, and other potential life-threatening occurrences. A skilled Florida Attorney in the Surgical Negligence Claims area will fight for you.

Common surgical errors include:

  • Performing unnecessary surgery as a result of a misdiagnosis
  • Cutting in the wrong location or on the wrong side of the body
  • Leaving surgical instruments inside the patient
  • Performing surgery on the wrong patient
  • Administering anesthesia improperly

Proving surgical injury occurred out of negligence is not an easy task, especially because most often the only witnesses to the error are the medical staff, who are often reluctant to admit or testify to the error(s) that may have occurred. Nonetheless, negligent parties should be held accountable for their actions and it is important that you do not fight the battle of proving negligence alone. A professional Florida Personal Injury Attorney in this field will advance the costs and expenses necessary to successfully take legal action for you.

Failure to diagnose is a form of medical malpractice in which a doctor fails to take the proper steps to determine the nature of the patient's medical problem. An Experienced Florida Personal Injury Lawyer in this field will advance the costs and expenses necessary to successfully litigate these cases.

In order to sue your doctor for failure to diagnose, you must be able to show that he was negligent in failing to diagnose your problem and that his negligence caused you harm. To do this, you will have to prove both of the following:

Had the doctor diagnosed you properly, you would not have suffered your current harm or would not have suffered as serious a harm. For example, if you came in with appendicitis and your doctor failed to diagnose it and your appendix later burst, you could probably show that your harm was caused by the doctor's failure to diagnose.

The doctor acted negligently. To prove this, you will have to show that a reasonable doctor would have recognized your medical problem from your symptoms and diagnosed you appropriately.

Proving failure to diagnose can be very difficult for many reasons including:

Any medical problem you had when you first went to the doctor was likely to cause you some harm even if promptly diagnosed and treated. If the harm you suffered would have occurred even if the doctor had not failed to diagnose your medical problem, you cannot claim that his negligence caused your harm. A knowledgeable Florida Personal Injury Attorney in the Failure to Diagnose Claims subject will assist you to successfully litigate these cases.

Often when a doctor fails to diagnose a medical problem, he may mistake the problem for something else and attempt to treat that. If the doctor's mistake was one that a reasonable doctor would make, he has not acted negligently and has not committed medical malpractice.

For example, if your cancer is harder to treat because your doctor failed to diagnose it early enough, you may have a claim for damages.

While it is common knowledge that early detection of cancer, especially breast cancer, increases the chances of a complete recovery, physicians sometimes delay in diagnosing it. They are often responsible for the wrongful deaths of their patients--women in particular--who did not receive timely diagnosis and treatment. This can be true for cervical cancer, ovarian cancer, or any other type of cancer.

Our ONLY objective is to seek justice for people harmed by negligence and wrongdoing. We fight and fight and fight for YOU!

If you or a loved one have been injured and need to talk to a seasoned team of professionals, please contact us immediately for a free consultation.

Our Florida Surgical Errors / Failure Diagnose team stands behind our clients and we go the extra mile to ensure they get the results, the personal attention, and the legal representation they need and deserve. We never charge you a fee unless we settle or win your case.

Our Florida Surgical Errors / Failure Diagnose team understands how much your future depends on the outcome of your case. We will fight for you and help you recover the maximum compensation available.

We are committed to successfully concluding EVERY case that we take.

Contact us NOW to see how we can help you.

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