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|Medical Malpractice
Legally Reviewed by:
David Di Pietro
Managing Partner, Medical Malpractice Attorney

Di Pietro Partner's goal is to advocate for you when you need our help. Our team of experienced legal and medical professionals are dedicated to providing high quality informative content. The information on this page and other areas on the website is routinely fact checked, updated, and approved by our team of licensed attorneys and professional editors. If you find any errors, feel free to let us know and we will review the information immediately.

A surgical informed consent form on a desk with a stethoscope and a judge’s gavel placed on top symbolizing medical malpractice During the course of medical care, unfortunate situations occur which can result in errors or negligence in patient care by healthcare providers. Known as medical malpractice, this can be the source of serious lawsuits to recover damages on the patient’s behalf. While malpractice lawsuits in Florida can stem from any error made by a provider, there are several frequently seen reasons behind these suits. It is important to understand the rights associated with these lawsuits to ensure the best outcome for victims and ensure their cases do not fall outside of the time constraints set by Florida’s Statute of Limitations.

Misdiagnosis and Delayed Diagnosis

Misdiagnosis and delayed diagnosis are among the most common reasons for medical malpractice claims in Florida, reflecting broader trends seen across the state’s healthcare system. The state’s large and diverse population, combined with high patient volumes and strained medical facilities, increases the risk of diagnostic errors. When physicians fail to recognize symptoms or order appropriate tests, patients may be treated for the wrong condition or not treated at all. These mistakes often occur in busy emergency rooms but also can happen in primary care and specialty practices where time pressure and communication gaps can affect clinical judgment.

Certain conditions are especially prone to misdiagnosis, including cancer, heart attacks and strokes. These illnesses often present with symptoms that can be mistaken for less severe problems, which can lead providers to dismiss warning signs or delay further investigation. When testing, referrals to specialists or follow up appointments are postponed or overlooked, the patient’s condition can worsen significantly in the meantime. This can result in a delayed, furthering disease progression and reducing treatment options. In extreme circumstances, this can even cause permanent injury or death.

Surgical and Procedural Errors

Another leading cause of medical malpractice claims in Florida are surgical and procedural errors, which often involve mistakes that should be entirely preventable. Common surgical errors include operating on the wrong body part, leaving surgical instruments inside a patient, or performing an unnecessary procedure. These errors can stem from inadequate preoperative planning, failure to follow safety checklists, or confusion about a patient’s medical records. High pressure surgical environments and rushed decision making further increase the likelihood of serious mistakes.

These errors can occur at any stage of a procedure, including before surgery, during the operation or throughout post operative care. Breakdowns in communication among surgeons, nurses, anesthesiologists and other support staff frequently play a central role in these incidents. This usually results in patients facing medical complications such as infections, internal injuries or the need for additional corrective surgeries. The long term consequences of surgical errors can include chronic pain, permanent disability and extended recovery periods in addition to significant emotional and financial hardship.

Medication and Anesthesia Errors

Medication and anesthesia errors are a frequent source of medical malpractice claims and usually occur when proper safeguards are not followed. Prescribing the wrong medication or an incorrect dosage can lead to serious issues, especially for patients with complex medical histories or multiple prescriptions. These mistakes may result from misread charts, transcription errors, or inadequate review of a patient’s records. Even minor medication errors can have severe consequences when they involve high risk drugs or vulnerable patients.

In addition to medication, errors in administering anesthesia can have similar outcomes. This may involve improper dosing, failure to monitor vital signs during anesthesia, or inadequate preoperative evaluation of a patient’s health conditions. These errors commonly occur in hospitals and surgical centers where anesthesia is administered frequently and under time constraints. When providers fail to follow established protocols, patients may suffer respiratory distress, organ damage or other life threatening complications.

Birth Injuries and Obstetric Negligence

Birth injuries and obstetric negligence account for some of the most serious medical malpractice claims in Florida due to the profound and lasting harm they can cause. Healthcare providers are responsible for carefully monitoring both the mother and baby throughout pregnancy and labor. Despite this, failures to recognize fetal distress or maternal warning signs are common. When changes in heart rate, oxygen levels or labor progression are missed or ignored, critical opportunities to prevent injury can be lost, resulting in malpractice suits.

Delayed decisions regarding emergency interventions, such as cesarean sections, often play a central role in obstetric malpractice cases. Additionally, the improper use of delivery tools such as forceps or vacuum extractors can result in preventable trauma to the infant or mother. These birth injuries may lead to conditions such as cerebral palsy, brain damage or nerve injuries, requiring lifelong medical care and support. These injuries not only affect the child’s quality of life but also place significant emotional and financial strain on families. Malpractice cases seek to compensate families to cover these long term medical costs.

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