The frequency of surgical errors in the United States varies significantly depending on the source of the information: the current authoritative study, Surgical never events in the United States, published in the medical journal Surgery, quotes a figure of about 1,000 occurrences a year.  Their data, however, is likely low because these figures were derived from medical malpractice claims; since many if not most incidents are resolved without a claim being filed, this method of collection is going to be significantly lower than actual occurrences.  Other sources using different reporting methods claim a number greater than 4,000; however, this number does not reflect unreported cases, and since many cases involve issues that remain undetected, this amount is likely suspect as well.

The Most Common Errors

Surgical errors can cover a wide variety of different issues that have occurred to patients while receiving medical treatment, but a very small number of errors make up the vast majority of reported problems, including:

• Leaving a piece of surgical equipment inside of a patient after closure;
• Operating on the wrong side of a patient;
• Placing an incision in an incorrect location;
• Performing the wrong procedure, or operating on the wrong patient;
• Injuring a nerve during a procedure; and
• Administering incorrect medication, typically anesthesia errors.

All of these issues are not risks related to the actual procedure—a patient’s informed consent waivers do not cover these matters, regardless of what hospital administrators may attempt to convince you.  (A patient might do well to consider how many of them could also be avoided with a permanent marker.)

Causes

While there is debate about the number of times surgical errors occur, one thing that the studies agree on is that the root cause usually stems from poor communication of one sort or another.  This can lead to anything from improper medication dosing, to not having the correct equipment on hand, to medical staff marking the wrong surgical site during pre-operative procedures.

Additionally, personal issues on the part of a surgeon can result in mistakes being made as well: being fatigued from working long hours, rushing or taking shortcuts, and even drug or alcohol problems have all resulted in patients being injured during medical procedures.

Surgeons’ Statistics

The surgeons most likely to have surgical errors statistically aren’t who you may expect.  They tend to be between the ages of 40 and 49 (as are the patients most likely to be injured), and in the middle of their careers—not surgeons new to the practice of medicine, nor ones nearing retirement.  Less surprising, however, is that around two thirds of surgeons involved in a surgical mistake have been involved in multiple events.

Miami Medical Mistake Attorneys

If you or a loved one has been injured during a surgical procedure, contact an attorney at the office of Alan Goldfarb, P.A. online or by telephone at 305-371-3111 today. Our Miami lawyers will discuss your situation with you and determine the best way to proceed with your potential lawsuit.

Eligibility to File an NICA Claim

Recovering under an NICA may be simple for your family. There is no need to prove that injuries were caused by a doctor or other medical personnel. Your family will need to file a claim for benefits with the Florida Department of Administrative Hearings. You will also need to demonstrate that your baby’s injuries occurred at, or near, the time of birth.

However, the NICA only allows for recovery in a very specific and narrow set of circumstances. You may file a NICA if the circumstances around your baby’s injury meet the criterion below:

• Your baby was born alive in a hospital;
• Your baby weighed at least 5.5 pounds;
• Your baby must have suffered brain or spinal cord injury caused by oxygen deprivation or mechanical trauma;
• Your baby’s injury occurred during labor, delivery or immediately after birth;
• Your baby has severe and permanent physical and mental impairments or injuries; and
• The doctor who attended your delivery was a member of NICA at the time of the delivery.

Recovery Under the NICA is Limited

If your baby’s injury meets the criteria, then your family may be entitled to financial compensation for actual expenses, which may include:

• Medication;
• Hospital bills;
• Rehabilitation and therapy;
• Professional in home medical services;
• Specialized equipment; and
• Travel expenses.

While the NICA allows families to recover for their loses in a simpler fashion, the NICA only provides compensation for reasonable and medically necessary expenses. This means the NICA does not provide monetary provide compensation for the types of non-economic losses that a medical malpractice claim would allow. Families are not able to ask for punitive damages, pain and suffering or any expense deemed “unreasonable.” Additionally, compensation under the NICA is limited to certain amounts. Furthermore, if you meet the criteria to receive NICA funds you family may not be able to pursue other remedies to recover for your losses.

Contact An Attorney

It can be difficult to decide the next steps when your child sustains a birth injury. The NICA presents on option while a medical malpractice claim presents another. If you believe your child was injured during birth as a result of a doctor’s or medical professional’s carelessness, then you should contact the Miami birth injury attorneys at the office of Alan Goldfarb, P.A. We can help you determine whether you should seek compensation under NICA or pursue a medical malpractice claim. Please contact us today to discuss the details of your child’s injury.

Treatment Options and Doctor Negligence

The flu is one of several illnesses that may present with benign symptoms at first. A doctor may recommend plenty of fluids and rest, or prescribe medication if they find your illness to be something more serious. Though doctors are human and make mistakes, physicians also have a heightened obligation to their patients to ensure their health and safety. Sending someone home when they are truly ill can be a death sentence; failing to proscribe a necessary medication or proscribing an insufficient one; not taking a patient’s claims seriously . . . each of these occurrences can have potentially life-altering consequences on an ill patient.

We, as patients, have obligations too. You cannot expect your physician to treat you adequately if you do not provide them with all of the information they need to come to a diagnosis. Providing a detailed, accurate, and truthful medical history is necessary to help your doctor to evaluate your condition. The doctor can then better assess your genetic pre-dispositions, understand your past health, and detect any pre-existing conditions that may be contributing to your current health complaints.

On the flip side, a physician has an obligation to explain any procedures he will do, inform the patient of the possible risks and possible benefits of operations, medication use, foregoing treatment, or other remedies, and to answer questions pertaining to care, treatment, and long-term consequences. We trust doctors because they are experts in ways we are not, and believe they will do what is in our best interest. Though most act reasonably, carefully, and conduct themselves in a manner that puts your health first, a negligent doctor can detrimentally impact your life and cause irreparable harm on your health and wellness. Knowing what your legal rights are if a doctor acts negligently or carelessly and causes you harm is of critical importance for your ultimate recovery.

Miami Medical Malpractice Lawyers

Being injured or suffering permanent damage due to the negligence of someone you entrusted with your life can be emotionally, physically, and financially devastating. You may be faced with unanticipated medical bills as a result of undisclosed complications, or miss work due to your injuries. Regardless of the unique circumstances surrounding your case, our knowledgeable medical malpractice lawyers at Alan Goldfarb P.A. will work tirelessly to obtain the best possible result possible. We confidently advocate for our client’s interests and will strive to obtain compensation for your medical expenses, pain and suffering, lost wages, and any other monetary damages permissible under the law. No one deserves to be injured at the hands of someone they trust; contact our Miami offices to learn more about your rights when working with medical professionals today.