West Palm Beach residents rely on their doctors, surgeons, hospitals, and healthcare professionals to provide them with the best possible care.
However, when a doctor or other healthcare professional makes a medical error; such as incorrectly diagnosing a condition, improperly performing a surgical procedure, or prescribing the wrong medication, innocent people can suffer life-long and debilitating injuries.
Anytime a doctor makes a mistake and a person is injured as a result, it is important to consult with an experienced West Palm Beach errors of commission lawyer. An experienced malpractice attorney can help investigate claims of medical malpractice and errors of commission, and help those who have been injured because of a doctor’s negligence recover for their injuries.
Standard of Care for West Palm Beach Doctors
Doctors and other medical professionals have to abide by a standard of care. Florida. Statute §766.102 reads, in part, “The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
A West Palm Beach errors of commission lawyer will often begin a medical malpractice case by looking at the following elements.
- Duty: A doctor or other medical professional has a duty of care when they accept responsibility for the treatment and care of a patient
- Breach of duty: A doctor or other medical professional breaches their duty of care when they either commit an act or fail to commit an act
- Proximate cause: This element entails a Palm Beach Gardens error of commission lawyer gathering evidence of a breach of duty and the damages that resulted from a doctor’s breach
- Injuries or damages: Unfortunately, when a doctor commits an error, it often results in injuries, this element requires that a patient proves they have been injured, and to account for a number of damages they have incurred as a result of a doctor’s negligence
Medical Malpractice Errors of Commission
Medical malpractice claims are highly technical, and it often takes an intensive investigation to determine what the true cause of an injury was, and whether or not a doctor is liable for those injuries. However, one of the easiest medical errors to detect are those for errors of commission.
An error of commission occurs when a doctor or another medical professional deviates from the normal treatment practice and routine and makes a mistake, resulting in harm to a patient. In errors of commission cases, a patient may be harmed because the doctor either made a wrong action or treatment, or it was the right action that was performed improperly. For example, an error of commission may occur if a surgeon leaves a surgical instrument inside of a patient after they have finished the surgery. Additionally, it may be considered an error of commission if a doctor prescribes the wrong medication or too large of a dosage.
A medical malpractice case by commission can be summarized as a case where a patient is injured when a doctor or other healthcare provider proactively does something to injure a patient. Some of the most common forms of commission errors include:
- Wrong-site injuries – A wrong-site injury may occur when a doctor operates on the wrong part or the wrong side of the body
- Wrong-surgery – A wrong surgery case is when a doctor or surgeon performs a surgery on the proper patient but does not perform the correct surgery. Such as when a doctor performs an appendectomy on a patient when they came to the doctor with a hernia
- Patient errors – There are times when a doctor or even surgeon performs a surgery on the wrong patient altogether. Such as when a doctor performs a cardiac procedure intended for another patient
Medical malpractice cases involve complex factors and often require expert witnesses and testimony to prove a case. An experienced West Palm Beach errors of commission lawyer will work with a patient and experts to help prove their case.
How a West Palm Beach Errors of Commission Attorney Can Help
One of the most challenging aspects of a medical malpractice case is proving that a doctor or healthcare provider has failed to meet a standard of care. Proving that a doctor has committed an error often requires intensive investigation and expert opinions.
An experienced West Palm Beach errors of commission lawyer can help a patient prove a medical malpractice case and can explain the complex factors that go into a medical malpractice case.