Florida Hospital Malpractice Attorneys
The lawyers at Freedland Harwin Valori, PL have litigated against almost all prominent hospitals and healthcare centers in the state of Florida in pursuit of recovery for clients. We have the experience and the resources to take on even the largest establishments or insurance companies to bring justice for victims of medical malpractice. In the past, we have secured outstanding results for our clients from some of the biggest names in the nation.
While not every malpractice claim will grant the plaintiff the right to name the hospital as the defendant, many do. Filing against a legally responsible hospital vs just an individual physician could result in a greater compensation award if the hospital has more resources to pay a settlement or judgment. Our legal team can help injured patients explore their rights to file against public or private hospitals in Florida for medical malpractice. Contact us today.
What Is Hospital Malpractice?
The legal definition of “medical malpractice” is any act or failure to act by a physician treating a patient that does not follow the accepted standard or care in the medical treatment, resulting in injury to the patient. Physicians are not the only ones who can be guilty of malpractice. Entire hospitals, emergency rooms, trauma centers, birthing centers, surgery centers, and other healthcare facilities can also face liability for patient injuries in many circumstances.
Communication Failures
Hospitals are bustling environments in charge of storing millions of medical records and documents. Electronic medical records (EMRs) can help hospitals keep patient information organized and accessible. However, communication failures still happen all the time. Failure to communicate a critical piece of information to the physician could result in legal accountability by the hospital for the patient’s subsequent injuries. An example is if an allergy to a particular medication is not recorded in the records and communicated by one doctor or nurse to another doctor or nurse who then administers that medication. It could also result if a nurse fails to call a doctor when a patient’s condition worsens or if a baby is in trouble during childbirth.
Diagnostic Mistakes
If a hospital employee fails to order proper diagnostic procedures, such as consultations with specialists, blood tests, physical exams, or medical scans and that results in a misdiagnosis, a delayed diagnosis, or a failure to diagnose, the hospital could be liable. Hospitals will generally be vicariously liable for the actions and omissions of their employees, as any employer is, in the state of Florida. However, if the doctor guilty of the diagnostic error is an independent contractor, the patient may or may not be able to hold the individual physician responsible.
Lack of Proper Procedures
Hospitals must also create and maintain safe and effective policies to ensure patient safety. Policies and procedures such as protocols on how to discharge a patient or use a specific medical device can keep operations consistent at the facility. Consistency is key in protecting patients from preventable issues such as communication lapses or security vulnerabilities with patient records. Hospitals must train all employees and contractors to follow the facility’s protocols to help ensure patient success.
Staffing Issues
A hospital might be guilty of malpractice if it does not staff its facility to provide adequate care consistent with the patient load. Hospitals might understaff to save money or perhaps an inadequacy in scheduling procedures. Not having enough staff on hand to handle patient volume can lead to patients being neglected and ultimately receiving substandard medical care. It is a hospital’s responsibility to hire and retain adequate staff.
Seek Help from Freedland Harwin Valori, PL
Litigating against a hospital in Florida is much easier with an experienced and trial-tested attorney on your side. The medical malpractice team at Freedland Harwin Valori, PL can help you bring a lawsuit against a public or private hospital, filing your claim against the appropriate entities within the state’s statute of limitations. Start by signing up for a free consultation with one of our experienced lawyers.