Her attending doctor, a rheumatologist of Holy Cross Hospital in Broward County, failed to properly diagnose ulcerations in the woman’s feet. The doctor waited a week before transferring the woman to the University of Miami Hospital. But by then it was too late. The tissue in her feet and toes had necrotized. In other words, the tissue died.

Proving Medical Negligence

Statistically, the majority of medical malpractice lawsuits arise from misdiagnosis cases.

In a lawsuit such as this, the plaintiff’s job is to prove that the doctor failed an agreed upon standard of care. In other words, they must show that the defendant neglected to do something that a reasonable doctor would have under the same circumstances.

That injuries result from an adverse medical outcome is not enough to prove malpractice. Even if the injuries suffered by the plaintiff are egregious and life-altering, the plaintiff’s attorney must be able to prove that the doctor failed in some way to offer their patient a reasonable standard of care.

In this case, the patient was admitted to Holy Cross Hospital in 2008 complaining of pain in her hands and ulcerations in her toes and feet. These are common symptoms in those who suffer from vasculitis. Vasculitis is an inflammation of the blood vessels. If left untreated, vasculitis can cause serious damage to organs. It is typically treated with immunosuppressants like steroids. In this woman’s case, the disease was allowed to progress to the extent that caused cell death in her fingers and toes. The only thing that doctors could do for her at that point was to remove the dead tissue.

When the woman arrived at the hospital, she was near death. Nine of her toes and a part of her foot had to be amputated. She also lost her right thumb and the tips of two fingers that had turned black from gangrene.

She was not only disfigured as a result of the doctor’s negligence, but she is left permanently impaired as well. The woman now requires the use of prosthetic devices to help her walk. She can only stand for 30 minutes at a time.

In cases like these, plaintiffs are customarily awarded heavily for pain and suffering, emotional distress, loss of earning capacity, inability to enjoy their lives, inability to do household chores, and future medical expenses.

The woman was award $5 million for medical costs, $900,000 for lost wages, and $10 million for pain and suffering.

Have You been the Victim of Medical Malpractice?

If so, the attorneys at the office of Alan Goldfarb, P.A. in Miami can help you get compensation for your injuries. Give us a call at (305) 371-3111 or contact us online. We can begin preparing your case right away.

Resources:

miamiherald.com/news/local/community/broward/article184004651.html

modernhealthcare.com/article/20180313/NEWS/180319965

But for one unfortunate young man, a nurse who was allegedly high on methamphetamine accidentally removed his breathing tube while he was giving him a bath, causing his heart to stop beating and resulting in irreversible brain damage.

The young man was admitted to the hospital with the flu. He now eats through a feeding tube, is unable to speak, and has difficulty walking.

The boy’s mother said that the nurse appeared to have bloodshot eyes. She observed him shaking and sweating and said that he appeared to be very hyper and anxious.

While the nurse and the hospital deny that the nurse in question was high on meth at the time of the incident, the family’s lawyer claims that the nurse made his addiction known to hospital administrators as far back as 2014. They also claim that he was admitted to a drug rehabilitation program for nurses called IPN (Intervention Project for Nurses).

In 2016, however, the nurse quit the program and they reported him to the health department. He had violated a 5-year contract that forced him to keep up with the rehabilitation program and seek out mental health services.

Is the Hospital Negligent as Well?

When a nurse is admitted to the IPN program, the administrators of the hospital are made aware of the situation. If there is an adverse medical incident involving a patient, the hospital should immediately give the individual a drug test. In this case, the hospital failed to give the nurse a drug test.

When the nurse washed out of the IPN program, he told the health department that he gave up his nursing license and had taken a job as a cruise line consultant. But clearly, that wasn’t the case.

The boy was born with Jeune Syndrome, a rare genetic disorder in which the lungs fail to develop properly. The hospital was aware of his condition, and that the boy needed to be put on oxygen in order to keep him breathing. The nurse was responsible for bathing the boy and asked his mother to help him replace the sheets beneath him. As he was lifting the child, his hands began to shake. The tube in the young man’s mouth had fallen out. The nurse failed to replace the breathing tube and asked another nurse to assist him. The nurse attempted to resuscitate the child but also failed. A tracheotomy had to be performed. By then the boy’s brain had been starved of oxygen for at least 7 minutes.

Calculating Damages

While the hospital and the nurse still deny any wrongdoing, a jury could easily find in favor of the plaintiff in a case like this. The family will likely be able to collect on their subsequent medical expenses including care for the boy for the remainder of his life. They will also be entitled to compensatory damages for pain and suffering, and the loss of happiness, fear, and anxiety that the situation caused them. In addition, they’re entitled to be compensated for lost time from work.

We Can Help You Today

If you have been the victim of medical malpractice in Miami, our talented attorneys are eager to assist you today. Don’t hesitate to reach out to Alan Goldfarb, P.A. for assistance with your case.

Resources:

miamiherald.com/news/local/community/miami-dade/article203066019.html

What Is Florida Medical Malpractice?

Under Florida law, medical malpractice happens when a doctor, nurse or other healthcare professional is negligent. A medical professional is negligent when they violate the standard of care when treating their patients. Florida defines the standard of care as the level of care, treatment, and skill which, given all the facts of the patient’s condition, is recognized as appropriate and acceptable by other health care providers.

Florida Statute of Limitations and Repose

Florida limits the time frame for bringing a medical malpractice claim to two years. There is also an additional time limit known as the statute of repose. The statute of repose provides that unless there are extenuating circumstances, a patient may not sue a healthcare provider more than four years after the malpractice occurs. This means that a patient must realize they have been the victim of medical malpractice within four years of the medical malpractice or lose the right to file a claim. There are exceptions to the statute of repose in cases where the medical professional perpetrated fraud or misrepresentation. If this occurs, a patient may still have the opportunity to file a claim despite the limitation imposed by the statute of repose.

Florida Places Limits on Damages

In most claims, a victim will seek damages or financial compensation for the physical and psychological harm caused by the medical malpractice. Florida places a $1 million cap on the amount of non-economic damages a victim can seek in a claim. Non-economic damages are those that compensate an injured patient for less tangible expenses such as mental anguish or pain and suffering.

Medical Malpractice Claims Are Complex

Medical malpractice cases involve both medical and legal knowledge. In addition to the lawyers and doctors needed to develop your claim, you may also be dealing with a malpractice insurance carrier. These insurance companies also have large legal teams who will review the details of your claim and advocate on behalf of the insurance company.

Let an Attorney Help you With a Medical Malpractice Claim

Do not let the complexity of a medical malpractice claim prevent you from seeking compensation for any harm a medical professional caused you. It may be complex, but the right attorney can help you navigate Florida’s complex medical malpractice laws. If you are considering filing a medical malpractice claim, please contact the Miami medical malpractice attorneys at the office of Alan Goldfarb, P.A. We understand the nuances of Florida’s medical malpractice laws and can ensure that you are properly compensated for your injuries. Contact us today to schedule an appointment.