Most doctors, nurses, and other medical professionals provide their patients with the best of care. But, even the most educated and skilled human beings are capable of carelessness and unintended errors. When the negligence of doctors or other medical personnel leads to a patient’s injury or death, the victim or the victim’s family may be entitled to compensation from those responsible for the victim’s injury or death. Hospitals, clinics, and other groups or organizations that employ medical professionals may also be found to have negligently caused a patient’s injury or death, resulting in liability by the responsible hospital or other entity.
If you have been injured or one of your family members has died and you suspect that the injury or wrongful death was caused by the negligence or malpractice of medical professionals, you may be entitled to recover damages through the institution of a medical malpractice action against the individuals and/or entities responsible. The Killino Firm’s Miami, Florida, medical malpractice attorneys have extensive experience with all types of medical malpractice cases. Contact The Killino Firm at 305-559-6340 for a cost-free evaluation of your case and more information about your legal rights and options.
Legal Liability for Injuries or Deaths Caused by Medical Malpractice
Medical malpractice can occur in many ways and at any time during a patient’s care or treatment. All medical professionals owe a duty to exercise reasonable care for the safety and health of their patients while the patients are under their care. Hospitals, clinics, and other entities that employ medical professionals or that allow medical treatment or care to be performed on their premises also have a duty to exercise reasonable care for the safety and health of patients cared for or treated by their employees or on their premises.
The breach of a medical professional’s duty of care constitutes negligence under medical malpractice law and is generally established in a malpractice action through expert testimony. Expert testimony may also be required to establish the cause and extent of a malpractice victim’s injuries and the damages that may be suffered by the patient as a result. Examples of breaches of the duty of care owed by medical professionals that may result in such liability include careless surgical errors, such as leaving an instrument in a patient’s body or operating on the wrong patient or wrong body part; the use of improper equipment to test, diagnose, or monitor a patient; the failure to diagnose a patient’s illness as a result of a failure to order tests indicated by a patient’s symptoms; or inadequate treatment after a patient has been diagnosed with an illness or condition.
When a medical professional is found to have negligently caused a patient’s injury or death in the ways mentioned above or in others, that medical professional may be held liable in a medical malpractice action for the damages suffered by the patient or the patient’s family as a result of the patient’s injury or death. In addition, the employers of such medical professionals, such as hospitals, clinics, or other professional groups or entities, may be held vicariously, or indirectly, liable for injuries or deaths caused by their employees’ negligence while the employees were working for the employer. In some cases, employers of negligent medical professionals may also be held directly liable for patients’ injuries and deaths that are found to have been caused by their employees’ negligence. This can occur if, for example, the employer is found to have been negligent in the screening, hiring, training, monitoring, and/or retaining of the negligent employee.
Hospitals and clinics may be found directly liable for patient’s injuries or deaths for other reasons, as well. The failure of a hospital or clinic to maintain sanitary conditions, for example, may result in direct liability of the hospital or clinic for a patient’s injury or death that is determined to have been caused by the clinic’s or hospital’s unsanitary conditions. The negligent preparation of hospital food, failure to take adequate precautions against the spread of hepatitis or other diseases during a patient’s hospital stay, failure to maintain equipment, or the use of defective equipment may also lead to direct liability of a hospital for a patient’s resulting injury or death.
Every patient has the right to proper and adequate medical care and treatment from the medical professionals who have accepted a patient into their care. When a medical mistake or error results in a patient’s injury or death, the injured patient or deceased patient’s family is entitled to be compensated for the suffering they have endured as a result. If you have been injured or a family member has died as a result of medical negligence or malpractice, The Killino Firm’s Miami, Florida, medical malpractice attorneys can help you fight for the justice you and your family deserve. Contact The Killino Firm at 305-559-6340 for expert and experienced assistance with your medical malpractice case.