What Comes Under Medical Malpractice in Miami?

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First, remember that not every instance a patient is dissatisfied with a doctor or other healthcare practitioner constitutes malpractice. Before proceeding with a medical malpractice claim, you should speak with an attorney. In Miami, you could visit a lawyer from Dolan Dobrinsky Rosenblum Bluestein, LLP, to help you with your case. Click here for more information.

These are some of the errors that could happen during medical treatment, which gets categorized as medical malpractice:


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Let me illustrate this with an example “Mrs Naidu underwent hip surgery at XYC Hospital under the supervision of a doctor. The doctor was able to relieve her hip discomfort, but she lost all sensation in her left leg as a result. “In this case, Mrs Naidu has the right to prosecute her doctor for medical malpractice.

A surgeon may make an error in the operating room on occasion. A surgeon may make careless mistakes during surgery, such as puncturing an organ or blood artery, operating on the wrong body area, or leaving surgical equipment within the body. Giving the wrong medicine after surgery and causing nerve damage to a patient would also be medical negligence.


Malpractice claims are frequently based on the missed or delayed diagnosis. When a clinician misdiagnoses or fails to diagnose a problem for an extended period, the patient may lose out on treatment options that might have resulted in significant damage or death. Indeed, a mistake might lead to the patient being prescribed inappropriate medicines, perhaps causing injury.

Anaesthesia Mistakes

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Anaesthesia errors are uncommon, yet they can be more hazardous than surgical errors. An anaesthesiologist’s tiny mistake might result in severe harm, brain damage, or death. Two typical examples of anaesthesiologist misconduct include failing to study the patient’s medical history or informing the patient of necessary instructions (like not eating for a certain period before surgery). Giving the patient too much anaesthetic is another typical anaesthesia blunder.

Accidents During Childbirth

Medical misconduct can result in various harms to a fetus during pregnancy or a kid during the delivery process. These injuries can happen at any time and in a variety of ways. If the fetus is harmed or, even worse, the mother, medical malpractice has occurred.

  • Get enough sleep

Getting adequate sleep is one of the most excellent methods to avoid various delivery issues.

  • Eat a nutritious, well-balanced diet

Pregnant women should consume foods high in protein and calcium, as well as supplements containing at least 400 to 800 micrograms of folic acid. Keep in mind that pregnant women should avoid eating fish, particularly those with high mercury levels (i.e., shark, tuna, mackerel, swordfish, etc.).

Medical Negligence

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In simple words, medical negligence is when the health care provider, be it doctors, nurses,dentists or any other medical personal; fails to provide the care as per the set standards(medical standards of care). It may be harmful to the patient or can be harmless.

Doctor-Patient Relationship

In the court of law, you will have to establish that the Physician you are suing is your treating physician. For example – you might need a prescription from the doctor to present in court; a verbal conversation or advice in a party is not admissible in the court. If the doctor starts seeing you in person and treating your condition, you can establish a patient-doctor relationship.

Prove Negligence of Doctor

Just because you did not like the doctor’s attitude or are unhappy with the doctor, you cannot sue him. You will need to prove his negligence in court through a medical expert to establish that the doctor deviated from the standard of treatment. To sue a doctor, you must prove that it caused you to harm during the treatment, which an otherwise competent doctor would not have.

Example of Medical Negligence

Any medical health provider like the doctor, nurse, dentist, or other medical professional provides treatment sub-standard to the accepted norms. In simple words, the treatment quality provided is poor than the expected quality from the doctor, as the failure to understand symptoms and to do unnecessary surgery.

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  • Injury

Injury is usually not caused to the patient in medical negligence, but the damage is evident when it turns into medical malpractice.

  • Claim

The patient can not prove medical negligence in the court of law unless it turns into medical malpractice.

Medical Malpractice

When the health care provider knowingly did not follow the standard of care, causing injury to the patient is medical malpractice. When a negligent doctor does the treatment causes harm to the patient.

Example of Medical Malpractice

Surgery performed on the wrong body part, incorrect procedures on the patient, false diagnosis, and unfair treatment. It also includes injuries caused during birth, surgical errors, extraction of different teeth, misdiagnosis of oral cancer and errors at the time of anesthesia.

Monitor your weight throughout pregnancy

Despite common opinion, it is vital that pregnant women physically consume a quantity of enough for their nutrition. Specifically, you should typically gain between 25 to 35 pounds throughout pregnancy to promote your child’s health and growth. This healthy weight growth range has a few exceptions, and each woman’s weight gain may differ.

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  • Manage your diabetes

If you have diabetes and a doctor diagnosed you before becoming pregnant or developing gestational diabetes, you must cooperate with your doctor to monitor and regulate your blood sugar levels.

  • Check to see if your medical provider is qualified to handle your delivery

Inquire about how your doula, midwife, nurse, doctor, or other medical professionals take delivery difficulties. Check whether they are trained and knowledgeable in dealing with birthing issues that may emerge during labor and delivery.

  • Plan early in your pregnancy

Finding skilled healthcare practitioners to look after you during your pregnancy is critical. Furthermore, suppose you are 35 or older. In that case, a perinatologist, who has had more medical training than an obstetrician and maybe better to give complete and proactive prenatal care, may be beneficial.

  • Exercise

While it’s vital to consult your doctor about whether or not you should exercise while pregnant, staying active is typically an excellent method to avoid gaining weight and help manage your blood sugar levels. As a result, being active during pregnancy, labor, and delivery lowers your chance of experiencing particular difficulties.

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No Doctor means ill will for the patients, but minor negligence at diagnosis or treatment can lead to patient death or permanent organ damage. Patients need to be vigilant, and doctors need to be more cautious to avoid such mishaps.