As a Florida resident, when you have loved ones admitted to medical facilities, you have the right to expect they will receive treatment that meets the standard of care.
If facilities or their medical personnel fail to provide proper care, and you or a loved one suffered injuries, you may bring lawsuits for medical malpractice and seek the recovery of the damages sustained.
For example, when negligent post-operative care leads to injuries or even a loved one's untimely death and the standard of care for internal bleeding in Florida's ERs and hospitals is not met, medical centers can face such lawsuits.
In one such unfortunate case, a woman was admitted to a medical facility for a cardiac catheterization procedure. However, complications arose that caused internal bleeding that led to a rapid deterioration in her general condition. She died within five days of her admittance to the hospital. Further allegations said the medical personnel failed to do a proper evaluation of her health following the surgical procedure. For this reason, her family contended, the internal bleeding went unnoticed and untreated, leading to her death.
When you believe that negligent care caused a loved one's death at a medical facility, a consultation with an experienced medical malpractice law firm in Florida may be advisable.
- A lawyer can determine the viability of a hospital malpractice lawsuit by assessing and investigating the allegations.
- When you can go ahead and file a medical malpractice claim, an attorney can assist with navigating the claim.
Internal Bleeding Medical Malpractice at the ER or Hospital in Florida
Medical malpractice related to internal bleeding describes the situations when a healthcare provider's negligent actions cause injury to their patient. If the healthcare provider demonstrated negligence during the diagnostic process, internal bleeding treatment, aftercare, or health management, that might be medical malpractice.
Examples of medical negligence involving internal bleeding include, but are not limited to:
- Failure to recognize symptoms
- Failure to diagnose
- Misreading lab results
- Failure to order proper testing
- Surgical errors
- Improper medication or dosage
- Premature discharge
- Disregarding patient history
- And more
Why Does Internal Bleeding Sometimes Go Undiagnosed?
The symptoms of internal bleeding don't always have a clear cause or source. Health care professionals must evaluate:
- Where the bleeding is located
- How much has occurred
- What body functions are affected
- Intra-abdominal bleeding causes pain and may be diagnosed as appendicitis, ulcers, pancreatitis, or gallstones.
- If there is enough blood loss, a patient may complain of symptoms of stroke, such as weakness and lightheadedness, when the cause is actually a leaking aneurysm.
To complicate matters, a patient may have been admitted unconscious or unaccompanied and may be in no condition to provide their list of medications or medical history.
Only a thorough review of all the medical records and the case, in general, can disclose whether everything necessary was done timely and adequately, including every:
If there was no thorough review of the case, and the patient's condition worsened as a result, then the hospital or its professional staff may be liable for medical malpractice.
Standard of Care Violation Leads to Internal Bleeding Complications
To legally demonstrate that you suffered internal bleeding because a doctor was negligent, the burden of proof is on you to show that four things happened:
- The healthcare provider owed you a standard duty of care. For example, you had a right to expect that your doctor will follow protocol to properly diagnose your internal bleeding and:
- Will perform the right tests
- Ask the right questions
- The healthcare provider breached the standard of care or was negligent. You must prove with another medical expert's - or several medical experts' - testimony that the healthcare provider's conduct fell below a reasonable standard of care. For example, it could be considered negligence when the doctor did not monitor you and followed up with you, although it is standard practice.
- The negligence caused your injury. If a breach of the standard of care occurred, a lawsuit is relevant only when harm also occurred because of it. Therefore, it can be concluded that medical negligence caused the injury when you had an adverse reaction that led to internal bleeding, which required surgical intervention and the doctor:
- Did not ask about the medications that you were taking
- Prescribed you a medication that was dangerous in combination with one that you were on
- The injury resulted in economic damages. The hospital can be held liable if you are a victim of ER injury or malpractice.
- Economic damages are financial. In the example above, let's imagine that the surgery and the hospital stay for two nights may have cost 45,000+. This will be part of the damages you can pursue. However, if the negligence resulted in a smaller, less expensive injury, the cost of pursuing a lawsuit may be more than the potential compensation you could recover.
- Non-economic damages, like the intangible costs of the pain you experienced, can also be sought in a lawsuit.
Wrongful Death Resulting From Failure to Treat Internal Bleeding
When a loved one's demise was caused by a physicians' failure to implement the standard of care, you can file a claim, contending that they would have survived if doctors had pursued the standard course of action.
For example, suppose a physician, hospital, nurse, or medical technician has acted negligently or recklessly and caused the death of a loved one. In that case, you are entitled to file a wrongful death claim to obtain a just settlement on behalf of your lost family member.
The Law Offices of Sean M. Cleary has significant experience handling wrongful death cases. Over more than 16 years, The Law Offices of Sean M. Cleary has helped many families recover the full compensation allowed by the law. All wrongful death cases are handled on a contingency basis. Therefore, you are only asked for payment if we recover compensation for you in the wrongful death case.
What Can You Recover in Cases of Breach in the Standard of Care for Internal Bleeding?
As mentioned above, damages for Florida medical malpractice claims are designed to provide compensation for your harm resulting from the negligence of medical professionals such as doctors, nurses, or healthcare facilities. Compensatory damages for medical malpractice in Florida are intended to take care of any non-economic and economic losses and make a victim whole again. It's important to know that an experienced Florida medical malpractice attorney can help you win a better settlement.
Economic losses, actual damages might include:
- Medical costs: If you have suffered an injury of a severe nature that will leave permanent results, you might also be able to get future medical expenses compensated.
- Lost wages: If recovery from the injuries you suffered because of medical malpractice requires you to take time off work, you might be awarded compensation for lost wages.
- Loss of future earning capacity: If you no longer can earn the same wages as you did before your injury, you might be able to get compensated for your lost earning capacity.
- Pain and suffering: These damages might include compensation for depression, fear, frustration, and anxiety that causes mental distress.
- Loss of consortium: If you suffered the loss of companionship, sexual relations, affection, marital benefits, and comfort, you might be able to get compensated for these losses. Loss of consortium compensation might be awarded in the event that your spouse suffered permanent or life-altering injuries.
- Other damages: In specific situations, other damages might include compensation for disfigurement, permanent disability, loss of life enjoyment, or loss of parental support.
When medical providers act with gross negligence, which means that their actions were either malicious or willful in nature, the patients who were hurt might be able to receive punitive damages. Punitive damages weren't designed to compensate you for your losses but to punish the defendant for their actions. They are also designed to deter others from acting in a similar manner.
What Factors Influence the Outcomes of a Medical Malpractice Claim?
The evidence you bring to show that medical providers acted with gross negligence, and this caused the injury, is key to having a better chance at winning a medical malpractice lawsuit. Without this, there can be no case.
Whether or not you signed release of liability forms and waivers can also impact your case. Yet, just because you signed a document does not necessarily mean you had given informed consent and lost your right to sue.
Time is another factor that influences the odds of winning a medical malpractice lawsuit in Florida. Florida law places a four-year statute of limitations on medical malpractice cases - you only have four years to take action, regardless of when the injury was discovered. The longer you wait to call a medical malpractice lawyer, the more likely it is that you will miss the four-year window and will be unable to bring a claim.
Perhaps the single most important factor in winning a medical malpractice lawsuit in Florida, though, is the skill of the lawyer you have on your side. The Law Offices of Sean M. Cleary have won many major medical malpractice suits, and we know how to guide you through the legal process and fight for justice on your behalf. We have a legacy of securing million-dollar and multimillion-dollar verdicts and settlements. Call today - you don't pay our fees unless we win your case.
How Can Miami Attorney Sean M. Cleary Help With Your Internal Bleeding Malpractice Case?
If you, or a loved one, have been the victim of medical malpractice or hospital negligence, then this Miami internal bleeding lawyer may be able to help. You want to hire a medical malpractice lawyer who:
- Understands undiagnosed internal bleeding issues
- Can comprehend medical documents and evidence
- Knows what experts should be consulted
- Is familiar with how to pursue questioning
- Can anticipate how the defendant will respond
- Reviews your case to see if a claim is feasible
- Handles any technicalities and procedures regarding your case