Doctors owe their patients a certain standard of care, which has been codified by the Florida legislature in Fla. Stat. Sec 766.102. It is important that doctors take the time with each patient to listen to their problems and symptoms, and to conduct thorough examinations to ensure that a person receives the care they deserve.

When a doctor fails to identify a patient’s symptoms, they may, in turn, fail to perform a critical procedure, causing a patient to suffer serious harm and injury. If you or a loved one have suffered because a doctor has failed to meet their standard of care, contact a Palm Beach Gardens failure to perform a critical procedure lawyer today. An accomplished and dedicated malpractice attorney can help you pursue necessary compensation.

Liability in a Changing Healthcare Field

Liability in medical malpractice is rooted in tort theory. In the context of medical malpractice cases, a tort is defined as a civil wrong (right in rem) against a contractual obligation (right in personam)—in other words, a breach that attracts judicial intervention by way of awarding damages.

This definition has loosely been in use for hundreds of years. However, the medical field has changed immeasurably in that time. The Florida legislature has recognized that the healthcare field is constantly changing and modernizing, and states in Fla. Stat Sec. 766.102 (4) that a medical malpractice may not be actionable “if the health care provider acted in good faith and with due regard for the prevailing professional standard of care.”

This may extend to situations where a doctor has failed to perform a critical procedure if they conducted an examination and claim that they in good faith did not believe that a person needed a procedure or course of treatment. To rebut this presumption established in the statute, a Palm Beach Gardens failure to perform a critical procedure lawyer could work with experts and healthcare professionals to identify if a missed critical procedure could be considered in good faith in light of the surrounding circumstances.

Why Doctors Miss Critical Procedures

A leading cause of medical malpractice is when healthcare professionals fail to communicate their findings. Doctors and healthcare professionals often work as part of a team, particularly in a hospital setting. For example, if an internal medicine doctor orders a patient to undergo an MRI, they are often sent to have the test performed by a technician.

The technician is responsible for conducting the exam and then taking the tests and screens to a radiologist. The radiologist will review the test and should then communicate their findings and concerns to the internal medicine doctor.

The internal medicine doctor may then refer the case to a surgeon and will report the radiologist’s findings. However, if one person in this chain fails to communicate their findings, this may result in a person not receiving the care and a procedure they need. In some cases, a person is scheduled for a surgery or procedure, but their procedure is not performed because of some oversight in the healthcare setting.

Contact a Palm Beach Gardens Failure to Perform a Critical Procedure Attorney Today

If you or someone you love has suffered because a doctor failed to perform a critical procedure, contact a Palm Beach Gardens failure to perform a critical procedure lawyer today. You may be entitled to significant compensation for your injuries and losses.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

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2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260