Medical Malpractice Can Apply to More Situations Than You Would Expect
Many people do not know what medical malpractice is until they are faced with it themselves. If you or someone you know has undergone unnecessary surgery, suffered from mis-prescribed medication, or been injured in botched surgery, then you may understand how broad the field can be–but you may not expect all the forms it can take.
False Diagnosis Leads to Incorrect Surgery
One of the more typical or expected types of medical malpractices is a false diagnosis, like the one prescribed to one Winter Park woman, who was diagnosed with a very aggressive form of cancer. After only a few weeks, the woman was rushed into surgery and part of her colon was removed permanently. It wasn’t until months later that the true results came in: the 68-year-old had never had cancer. Instead, a mislabeled colonoscopy sample led to an invasive surgery that she didn’t need, and which could have resulted in serious complications. In any case, the woman faced the mental and emotional challenges that come with a cancer diagnosis. Currently, the woman is asking for the records which would be necessary to pursue a medical malpractice suit.
Surgical Robots Under Fire for Alleged Botched Surgery
Even if the type of surgery is correct, the operation itself can go awry– and not just because of human error. For years, a four-armed, surgeon-operated robot called the “da Vinci” system has been used for surgeries on the heart, kidneys, bladder, thyroid, and more. Proponents have advertised the system as superior to more traditional surgeries, claiming smaller incisions and faster recovery. Unfortunately for some patients convinced by this marketing, to err is not only human: mechanical mistakes caused some patients incontinence, difficulty breathing, eye damage, and in some cases, even death. As a result, this past October a class-action lawsuit was filed against the manufacturers of the medical device.
Illegal Incentives Result in Lawsuit
However, false diagnoses and botched surgeries are not the only way health care providers can break the law and put patients at risk. According to a recent lawsuit, one Tampa-based spinal institute offered illegal incentives to potential patients. The lawsuit accuses the organization of e-mailing offers of tantalizing benefits to patients who were hesitating about whether to undergo the surgery and other treatment offered by the institute. Patients were allegedly offered free airfare and hotel stays, among other expenses. The incentives violate Medicare provisions, which may be why the company allegedly put one hotel stay under another person’s name. The health care provider recently paid out a $650,000 after one patient suffered permanent nerve damage, and is still fighting a suit from wrestler Hulk Hogan over ineffective surgeries, among at least one other medical malpractice suit. Nevertheless, the institute continues to rake in high profits, perhaps in part due to the alleged incentive system.
If you or a loved one has suffered as a result of wrongdoing by your healthcare provider or their devices, contact Fort Lauderdale medical malpractice attorney Scott Newmark for assistance investigating your potential suit.