Florida Doctor Errors By Type: Commission And Omission
Florida physicians have your health and well-being in their hands when making medical decisions and treating patients, which is why they must undergo years of school and training. However, despite these intense efforts, health care providers are still capable of making mistakes. From misdiagnosis and surgical mishaps to birth injuries and medication issues, these doctor errors can lead to significant harm to the patient. Fortunately, even though the specific causes may vary, patients have rights under Florida’s medical malpractice laws.
If you were affected by a doctor error, you may qualify to recover compensation for your losses. A helpful way to understand your rights is looking at two main classifications: Mistakes of commission versus omission. Both can lead to serious injuries, but there are a few key points to note. You should rely on a Miami doctor errors lawyer for details with the legal process, and a summary is useful.
Comparing Errors of Omission and Commission
The terminology alone gives you an idea about how medical mistakes are classified, essentially based upon action or inaction.
- Errors of Commission: This category includes conduct that is part of a conscious effort toward treating the patient. The doctor makes the decision to act, but the act is wrong because it violates the standard of care that the physician owes to the patient. Examples include:
- Prescribing a medication to which the patient is allergic
- Operating on the wrong body part or side of the body
- Issuing a false-positive diagnosis of a medical condition
- Errors of Omission: These mistakes are the result of a physician doing nothing when an act of some type should have been performed. Patient care suffers when the doctor error is inaction, such as:
- Not monitoring the patient for infection
- Failing to order a C-section with a difficult or prolonged labor
- Neglecting to order lab screenings and other testing
- Missed diagnosis or delays in diagnosis
Additional Points About Doctor Errors
One important factor to note with these cases is the physician’s employment status if the mistake was made in the context of hospitalization. When there is an employer-employee relationship, the hospital may be accountable. Even when the doctor is an independent contractor, a hospital could be liable for negligence in the contracting process.
Another crucial point in a doctor error claim is the type of compensation you may recover under medical malpractice laws. Damages aim to make the patient whole, so you can obtain amounts for treatment and lost income. Compensation may also include noneconomic damages for pain and suffering, emotional distress, and related losses.
Speak to a Florida Doctor Errors Attorney About Remedies
This overview about errors of commission versus omission is informative, and the distinction may be an important factor in your med mal case. For more information about the laws and legal process, please contact Freidin Brown, P.A. We are happy to set up a no-cost case evaluation at our offices in Miami or Fort Myers, FL. After reviewing the details, a Florida doctor errors lawyer can advise you on next steps.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0766/Sections/0766.102.html
