By Osborne & Francis
October 25, 2023

Examples of Medical Malpractice

When a healthcare provider fails to offer a patient the standard of care, there is a greater chance that the patient will incur severe injury or harm due to medical malpractice. Medical professionals are responsible for correctly identifying the patient’s health issue and administering the appropriate treatment in a timely manner. Otherwise, the patient may suffer additional pain, accumulate other medical bills, and lose more wages than they otherwise would have. 

You should not have to take on the burden of these costs as a result of someone else’s negligence. If you or someone you love has been a victim of medical malpractice, you may be considering taking legal action to recover compensation. The personal injury lawyers of Osborne & Francis You can schedule a free consultation with our team by calling us at (561) 293-2600. You can also contact our Orlando or Boca Raton offices online.

Misdiagnosis Can Impact Treatment Outcomes

Patients depend on healthcare professionals to review their symptoms and discern what is causing their health issues. An inaccurate diagnosis can lead to irreparable harm in a medical malpractice claim. At best, a misdiagnosis means that the patient is not receiving the correct treatment and the injury is going unaddressed. At worst, a misdiagnosis may lead to a provider administering treatment that actively exacerbates the patient’s illness or injury.

Delayed Diagnosis Reduces Treatment Window

A common medical malpractice claim we see is patients who believe their provider failed to diagnose them in a timely manner, which negatively impacted their treatment. For example, catching cancer in its early stages can have a tremendous impact on the efficacy of the treatment. If a healthcare provider missed the symptoms of the patient’s cancer, that would allow the cancer to grow uninhibited and potentially become life-threatening. Delayed diagnosis can also leave patients in pain or suffering debilitating symptoms, even if the condition is not actively growing worse. Costs like these may be reimbursed as non-economic damages in a medical malpractice lawsuit.

Childbirth Injuries Can Have Life-long Consequences

Birth injuries are often some of the most traumatic types of medical malpractice injuries. In some cases, there are permanent consequences for the child, like cognitive deficits and physical impairments. That can mean decades of medical bills for the parents, as well as drastic lifestyle alterations. Some of the most common birth injuries are:

  • Soft tissue injuries to the scalp and extremities 
  • Lacerations sustained during C-sections
  • Fractures to the arms, clavicle, or cervical spine 
  • Cranial nerve and spinal cord injuries from forceps 
  • Laryngeal nerve injuries sustained during delivery 

Medication Errors Can Be Fatal

When it comes to medication errors in medical malpractice claims, a common issue is doctors who prescribe medications that negate or conflict with a patient’s existing medication or conditions. Pharmacists also have a duty to warn patients of addictive properties, side effects, and any potential contradictions to their current medication.

In addition to administering the correct medication, providers must ensure that they are recommending the correct dosage. If they prescribe an inadequate amount, the underlying health condition may not respond. If they over-prescribe, the patient could unintentionally overdose, which can cause extensive organ damage or even be fatal.

Anesthesia Errors Increase the Risk of Surgical Complications

Certain anesthesia errors can occur before the patient ever enters the operating room. For example, patients should be properly briefed on how to prepare for anesthesia, as well as informed of the associated risks. Once a patient is under anesthesia, the provider has additional responsibilities.

If an anesthesiologist fails to monitor the levels of anesthesia and oxygen, account for any pre-existing health conditions, or respond to any complications that arise, they may be considered liable in a medical malpractice lawsuit. After surgery, the anesthesiologist and their team are obligated to monitor the patient and remove them from anesthesia when appropriate. If they fail to provide the standard of care, the patient may sustain a serious anesthesia-related injury. Common injuries include nerve damage, blood clots, and stroke.

Critical Surgery Errors May Cause Serious Injury

There are a wide range of surgical errors that may constitute medical malpractice. Some of the most common errors include incorrectly executing the surgical procedure, using improper tools to conduct the surgery, leaving a surgical instrument or sponge in the patient, and operating on the wrong body part. Additionally, failure to provide the patient with the opportunity for informed consent can constitute medical malpractice. Patients have a right to know the risks of any procedure their providers recommend.

The surgical environment can be just as critical to a good outcome as the skill of the surgeon. A critical part of a successful surgery is limiting the risk of infection. When a surgeon or a member of their team fails to wash their hands properly, sterilize surgical instruments, or maintain a sterile surgical field, the patient may be at an increased risk of infection. 

Receiving Compensation for Medical Malpractice

In Florida, medical malpractice claims must be filed within a two-year period after the injuries are discovered. That means that time is of the essence when it comes to starting the personal injury claims process. A personal injury lawyer will be able to assess your claim and calculate the value of your losses. In many cases, our clients aren’t even aware of the full range of costs they can be reimbursed for. Examples of damages in a medical malpractice claim include:

Medical Bills

  • Home health aide
  • Medication
  • Surgery
  • Physical therapy
  • Mobility aids
  • Transportation costs
  • Home remodeling

Occupation-Related Costs

  • Lost wages
  • Reduced earning capacity
  • Missed promotions
  • Job retraining

Pain and Suffering

Wrongful Death

  • Funeral and burial expenses
  • Loss of consortium or parental guidance

After a medical malpractice incident leaves you worse off than you were, you may be forced to change jobs, undergo painful treatments, and forfeit your lifestyle. These costs can be compensated in a Florida medical malpractice lawsuit.

Why Should I Hire Osborne & Francis to Handle My Medical Malpractice Claim?

Medical malpractice claims can be some of the most difficult personal injury claims to pursue. They often involve dense medical records, expert witness testimony, and a high standard for negligence. The medical malpractice attorneys of Osborne & Francis have handled many such claims with great success.

Injured Floridians depend on our expertise to get them maximum compensation for their injuries and damages. We will take over stressful tasks, like communicating with the insurance company or bill collectors and filing paperwork by the appropriate deadlines. Meanwhile, our team will establish a solid case for medical malpractice to prove that the provider is liable for your damages. Our skilled negotiators will work strategically to secure you a settlement that meets your needs.

Contact Osborne & Francis to Schedule a Free Case Evaluation 

We put our faith in medical providers to help us heal. When a healthcare provider lets you down, you may feel like you have nowhere to turn. The medical malpractice attorneys of Osborne & Francis want to reassure you that you do not have to navigate their painful situation alone.

We understand that your family’s financial future may be on the line. Our team is prepared to commit ourselves to negotiate the maximum compensation possible for your damages. We are not afraid to go to trial to pressure insurance companies into offering fair settlements.

The experienced medical malpractice lawyers of Osborne & Francis have been helping Florida families recover the compensation they are owed for over five years, and we are prepared to do the same for you. You can reach us at (561) 293-2600 or contact our Orlando or Boca Raton offices online to schedule your free consultation. Let us handle your medical malpractice lawsuit while you focus on healing.

E. Holland

5 star icon

Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!

Erica F.

5 star icon

"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"

J. Davis

5 star icon

“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”

C. Smith

5 star icon

“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”


5 star icon

Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

T. Andrews

5 star icon

“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

Ready For Your Free Consultation?