Orlando Hospital Negligence Attorney
Hospitals may be held accountable for the negligent actions of their employees and agents. Hospital employees or agents may include physicians, nurses, technicians, aides and administrative personnel. The most common theory of liability against a hospital is based on the failure of nursing personnel to provide reasonable care to a patient. The patient may have a valid medical malpractice claim if the failure to provide reasonable care causes an injury to the patient.
With a rarely combined medical and legal education (from Brown University Medical School and the University of Florida College of Law), Michael Barszcz, M.D. J.D., has unique qualifications as an Orlando medical malpractice attorney. Mr. Barszcz represents clients in personal injury claims, accident and medical malpractice cases. In the past 24 years as a trial attorney, Mr. Barszcz has won multi-million dollar settlements and verdicts and has recovered more that $120 million dollars on behalf of his clients.
What is Hospital Negligence?
Hospital negligence, also known as medical malpractice or medical negligence when it occurs in a hospital setting, refers to situations where a healthcare provider or hospital fails to provide an acceptable standard of care to a patient, leading to harm, injury, or worsening of a medical condition. This negligence can manifest in various ways, and it can result from the actions or inactions of doctors, nurses, or other medical staff within a hospital.
Here are common types of claims in hospital negligence:
- Errors in Medication and its Administration: This includes prescribing the wrong medication, administering the wrong dose, or failing to consider potential drug interactions, which can lead to harmful side effects or worsened conditions.
- Infections Resulting from Improper Care: Hospitals are expected to maintain a high standard of cleanliness and infection control. Negligence in these areas can lead to patients acquiring infections while in the hospital, such as healthcare-associated infections (HAIs).
- Failure to Properly Treat an Illness: Healthcare professionals must provide appropriate care for a patient's medical condition. Negligence may involve misdiagnosing the condition, failing to provide the recommended treatment, or providing treatment that doesn't meet accepted medical standards.
- Misdiagnosis and Incorrect Treatment: This occurs when a medical professional fails to accurately diagnose a patient's condition and provides treatment based on the incorrect diagnosis. This can lead to ineffective or harmful treatments.
- Failure to Consult a Specialist: When a patient's condition requires specialized knowledge or expertise, and the treating physician fails to consult or refer to a specialist, it can be considered negligence.
- Failure to Order Proper Testing: If a medical professional neglects to order necessary diagnostic tests to accurately assess a patient's condition, it can result in delayed or incorrect treatment.
- Failure to Properly Monitor a Patient: Patients in a hospital require regular monitoring. Negligence in monitoring can result in complications or the worsening of a patient's condition going unnoticed.
- Failure in Correctly Stabilizing a Patient: In emergency situations, healthcare providers must stabilize the patient's condition promptly. Negligence in this area can lead to a patient's condition deteriorating.
- Improper Operation of a Medical Device: Hospitals use various medical devices and equipment. Negligence may occur if these devices are not operated correctly, leading to patient harm.
- Negligence Causing Birth Injury or Trauma: Negligence during childbirth can result in birth injuries or trauma to the newborn or the mother. This may include improper delivery techniques or failure to respond to complications during labor.
- Unnecessary or Unauthorized Surgical Procedures: Performing surgeries that are not medically necessary or not authorized by the patient can be considered negligence. It may lead to unnecessary pain, complications, or adverse outcomes.
Proving hospital negligence typically requires demonstrating that the healthcare provider or institution breached their duty of care, causing harm to the patient. Medical malpractice cases can be complex and require expert testimony and legal expertise. Patients who believe they have been victims of hospital negligence should consult with a medical malpractice attorney to evaluate the viability of a claim and seek appropriate legal remedies.
Causes of Hospital Negligence
Hospital negligence can occur for a variety of reasons, often involving the actions or inactions of hospital employees and staff.
Here are some common causes of hospital negligence:
- Careless Hospital Employees: One of the leading causes of negligence in a hospital setting is the carelessness or recklessness of hospital employees. This can involve inattentiveness, lack of focus, or a general disregard for patient safety and well-being.
- Insufficient Skills Possessed by Hospital Staff: In some cases, hospital staff may lack the necessary skills, training, or experience to provide the level of care required. This can lead to mistakes and poor decision-making in patient treatment.
- Disregard for Established Procedures and Rules: Hospitals have established procedures and protocols for various aspects of patient care, including medication administration, surgical procedures, and infection control. Negligence can occur when healthcare professionals disregard or fail to follow these established rules.
- Lack of Diligence or Supervision: Inadequate supervision and oversight of hospital staff can result in a lack of accountability. When employees are not closely monitored, they may be more prone to making errors or neglecting their responsibilities.
- Improper or Insufficient Communication: Effective communication is crucial in a hospital setting. Negligence can occur when there are breakdowns in communication between healthcare providers, leading to misunderstandings, missed information, or delays in treatment.
- Understaffing: When hospitals are understaffed, healthcare professionals may be overworked, leading to fatigue and reduced attention to detail. Understaffing can result in delayed responses to patient needs and an increased risk of errors.
- Inadequate Training and Continuing Education: Healthcare providers must stay updated with the latest medical knowledge and best practices. Negligence may arise when hospitals fail to provide ongoing training and education to their staff, leading to outdated or incorrect treatment approaches.
- Lack of Proper Documentation: Proper documentation is essential for tracking a patient's condition and treatment history. Negligence can occur when healthcare professionals fail to accurately document important information, potentially leading to misdiagnoses, improper treatments, or medication errors.
- Fatigue and Burnout: Healthcare providers often work long and demanding shifts, which can lead to fatigue and burnout. Fatigued medical professionals are more prone to making mistakes or lapses in judgment, increasing the risk of negligence.
- Inadequate Resources and Equipment: Hospitals must have the necessary resources and equipment to provide quality care. Negligence can occur when hospitals lack essential tools or technology, leading to suboptimal patient care.
- Culture of Silence or Fear: In some healthcare settings, there may be a culture of silence or fear, where employees are hesitant to report errors or concerns. This can hinder the identification and resolution of potential negligence.
- Poor Management and Leadership: Effective hospital management and leadership play a critical role in promoting a culture of patient safety. Poor management practices can lead to disorganization, lack of accountability, and an increased risk of negligence.
Why Choose Us?
Michael V. Barszcz, M.D., J.D., is a uniquely qualified and experienced medical negligence lawyerwho maintains a law firm that is dedicated to providing professional legal counseling. The legal team at the Law Offices of Michael Barszcz, M.D., J.D., strives to provide each client with diligent personal service. Mr. Barszcz primarily focuses on the legal representation of accident or medical malpractice victims that have sustained catastrophic injury or death.
To learn more about hospital negligence or other negligence claims, please contact the Law Offices of Michael Barszcz, M.D., J.D., for a free consultation. We represent clients throughout Florida and in the Orlando, Florida area.
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