My husband was sent home without receiving the proper care at the emergency room. Sean understood our situation and helped us with the case.
Stroke Medical Malpractice
The doctors put the wrong diagnose and sent me home. Sean is a very experienced lawyer that handled my medical malpractice case with patience.
Michael B.- Google Review
I couldn't be happier with the legal representation and work Sean gave to the organization I represent. He was a thoughtful, professional partner in an extremely difficult situation that at times seemed hopeless but reached a successful end with all parties agreeable with the outcome. A very difficult navigation that Sean was able to help lead us through. We are thankful for his help, and I highly recommend Sean when looking for legal services.
My wife and I were referred to Sean Cleary by another Attorney. He was very highly recommended and, I must say, very deservedly so. Sean is very diligent in his work; his preparation is phenomenal and his presentations are something to behold. He is very accessible if you have any questions. He always takes the time to fully explain in language you can understand. We highly recommend anyone needing help...talk to Sean Cleary.
Sean Cleary represented my husband and I in a very difficult medical malpractice case. Mr. Cleary was always was courteous, diligent and professional. He was straightforward and upfront about the challenges we faced but never relented in his pursuit of justice on our behalf, up through and beyond a contentious 6-day jury trial. We would recommend him without hesitation.
Sean is an outstanding professional, transparent and very diligent; he personally dedicated time and attention to my case; he always responded my calls promptly, keeping me informed all the time.
His knowledge and advises are very accurate and valuable. Definitely, great lawyer.
I would highly recommend Sean Cleary. Not only is he a very knowledgeable attorney he takes the time to explain the law to ensure you understand every aspect of your case. He is also very sensitive to the needs of you and or your family during very trying times.
From day one, Mr. Cleary had faith in my case. He paid attention to every detail with great professionalism. He did not shy away from any challenges and went the extra mile to provide what he promised.
If you have a problem or have been wronged, Sean Cleary is the man to talk to. Had a fantastic experience with Sean and all of the friendly, helpful and professional staff of the firm. If Sean accepts you as a client and agrees to represent you, you'll be in the best of hands.
Sean represented my husband and I in a medical malpractice case. It was a very difficult time for us. Therefore it was great that he always was courteous, diligent and highly professional. Sean is always straightforward and upfront about the challenges you are to face. We highly recommend him.
Sean represented my wife and I and our three-year-old daughter in a case involving medical malpractice after she was born at a Miami hospital. The case was settled confidentially, providing for the future care and treatment of our daughter, and we were very satisfied with the result.
Each year, 8.7 million people visit the emergency rooms (ER) in Florida hospitals, but many of these ER visits result in medical malpractice and misdiagnosis. The constant interruptions ER physicians experience are linked to a predisposition to committing medical errors. Researchers found that the average local hospital ER doctor in Miami, Florida may treat as many as 12 patients at once, and interact with up to 101 individuals in a normal 2-hour period. In Florida, the average length of time spent directly with the patient was found to be only 6 minutes in hospitals, as compared to 55 minutes spent on indirect care. These frequent interruptions cause ER physicians to switch tasks and leave tasks incomplete.
Florida hospitals emergency room malpractice and misdiagnosis
The most common ER errors resulting in ER medical malpractice in Florida hospitals are misdiagnoses. Misdiagnosis errors aside, common ER-related malpractice claims may stem from:
Since Florida's ERs are overcrowded, often patients may not be admitted or given the proper priority their condition requires. Consequently, patients' conditions can deteriorate quickly. Other times, test results are not examined in a timely manner or thoroughly, which may cause an ER to discharge a patient too early. It's not uncommon for hospital's ER in Miami and Florida to have an average of a 4-hour wait time before patients can see a doctor, and sometimes this can extend up to eight hours or more. The fact is the consequences of these long wait times can be dire.
This is what you can expect when you arrive at the ER in any of our hospitals in Florida:
Your first stop at the ER is triage. In triage, each patient's condition is prioritized, typically by a nurse. Usually, you're asked why you are there and what are your symptoms. The triage nurse is an employee of the hospital. If that person does not do their job correctly, there is a great chance of a misdiagnosis or error that leads to huge consequences and injuries, for which the hospital can be held liable.
Then you are seen by an emergency-department nurse who obtains more detailed information about you. The nurse may take your blood pressure and fever. That nurse needs to be on top of your medical case right then and there and do something about it quickly.
The next visitor is an emergency medicine physician who gets a detailed medical history of your illness, past medical problems, social history, family history, and a complete review of all your body systems. The ER doctors are not necessarily direct employees of the hospital, but the laws in Florida consider them to be as employees in the emergency department.
Then you get sent to the radiology where ER technicians or physicians do your x-rays and MRI. An error in the interpretation, including misdiagnosis or delayed diagnosis, is an example of a general type of claim in radiology.
Injuries caused by negligence in the emergency room in Florida hospitals
ER negligence in Florida is serious because patients don't usually end up in the ER unless they are seriously ill. If an ER physician does not take the proper care with testing and diagnosis, the doctor may fail to properly identify the true cause of the patient's problem, and serious long-term health problems or even death may result.
Failure to properly diagnose abdominal pain can result in:
Failure to test for and diagnose internal bleeding in the head can result in:
Common emergency room errors: Liability falls on hospitals in Miami and Florida
A hospital in Florida as a whole, rather than a medical professional, may be held responsible for damages as the employer of the negligent medical professional. Any hospital in Miami or Florida is responsible for the actions of medical staff under its employment, but many doctors work as independent contractors, and therefore the hospital may not be liable for their negligence. However, in an emergency room situation, it may not be made clear to the patient that a doctor or a nurse is an employee of the hospital. In this case, the hospital may be held responsible for a doctor’s or nurse's action.
If you or a loved one was a victim of these types of situations, you may consider opening a medical malpractice case. In order to clarify whether or not a hospital should be held accountable for an emergency room doctor’s negligence, speak with our experienced medical malpractice attorney, Sean Cleary, based in Miami, Florida. Emergency room malpractice damages in Florida may account for:
How can we help if you've suffered an emergency room malpractice injury in any of the hospitals in Miami or Florida?
If you have experienced harm because of an emergency room procedure, or you were sent home and misdiagnosed, do not hesitate to discuss your legal options with our local Miami based, medical malpractice lawyer at The Law Offices of Sean M. Cleary. These are highly technical matters that require insight and counsel from a skilled legal professional. Our firm is prepared to represent clients throughout Miami and Florida in all types of medical malpractice cases, delivering legal services of the highest caliber.
We are local, Miami Florida based, and we know how to work with local hospitals, other lawyers, and insurance companies to ensure that you receive the compensation you are entitled to under Florida law. Our hands-on approach has led to numerous successful results, including millions of dollars in compensation.
In legal areas such as medical malpractice, it is important to seek legal advice as soon as possible after realizing that you have been harmed due to a medical professional's care, since failure to file a claim in a timely fashion may forever bar legal recourse. Contact us today for a free case evaluation.
What Can I Do If the Hospital Wants to Settle to Avoid a Lawsuit in an ER Malpractice Case? »
In a case of medical malpractice, your attorney should contact the defense lawyer early on and determine if they are willing to settle and how much they are willing to offer. Settlements are cheaper than court cases; however, if you choose to go to court, losing is a possibility. Get your attorney’s advice.
Who Should I Sue in an Emergency Room Malpractice Case? »
Hospitals are responsible for malpractice cases involving their employees. In some cases, the doctor not employed, but contracted to administer certain services is liable for malpractice. In the ER, most often hospitals are held responsible for the medical malpractice of all ER practitioners.
How Much Can I Expect from an ER Malpractice Lawsuit in Miami? »
Each case has an individual set of circumstances and merits. An attorney can estimate the correct compensation for medical treatment, lost wages, pain and suffering, unitive charges etc. There are also state-imposed caps on damages. A case settled out of court will obtain on average almost half the amount of court awards.