Medical Malpractice

Medical Errors Responsible for 1 in 4 Seriously Injured Patients

Medical Malpractice Medical errors are the third leading cause of death in the United States. Only heart disease and cancer kill more people. It is estimated that more than 250,000 people die each year because of preventable medical errors. These errors are often made due to physician or medical professional negligence caused by carelessness, overworked and fatigued medical professionals, and poor safety systems. Now, a new survey conducted for the Commonwealth Fund, the New York Times, and Harvard T.H. Chan School of Public Health in Boston found that one in four seriously ill patients reported experiencing a serious medical error.

The survey examined 1,495 adults over the age of 18 that were seriously ill. To determine which adults were allowed to participate in the survey, the researchers defined “seriously ill” as someone who had a serious medical illness or condition that required multiple hospital visits and visits to more than one physician in the last three years. Family members of seriously ill patients were also allowed to participate in the survey if the patient was unable to participate for themselves.

According to their findings, 14% of seriously ill patients said that a medical error had occurred at a hospital, while 7% said that it happened at a physician’s office or clinic. They also found that in hospital settings, 22% of seriously ill patients most often reported that staff were not responsive to their needs. Other findings included:

  • 21% of seriously ill patients would not recommend their hospital to another patient
  • 29% of seriously ill patients reported being sent for duplicate procedures or tests by differing physicians
  • 23% of seriously ill patients said they waited too long for treatments, testing, and various follow up or specialist appointments
  • 1 in 4 seriously ill patients reported receiving conflicting information from a variety of health care professionals

When Malpractice Occurs

It is important to know that not all medical errors are the result of medical malpractice. In order to prove that malpractice occurred, you need to speak to an experienced medical malpractice attorney as soon as you are able. Your attorney will need to review your case and determine if you have cause to file a medical malpractice claim. In order to win your case, your attorney must establish the following elements of medical malpractice:

  • The physician or medical professional owed you a duty of care
  • That duty of care was breached
  • The breach resulted in an injury to the patient
  • The injury resulted in damages, such as financial losses or physical pain and suffering

Have You Been Injured by a Medical Error?

If you’ve been injured and you believe that your doctor or healthcare professional’s medical error was to blame, it is important to discuss your case immediately with an experienced Florida medical malpractice attorneys. Establishing medical malpractice is not easy. As such, you need an experienced lawyer on your side from the start. At Zimmet & Zimmet, our experienced Daytona Beach Medical Malpractice Lawyers have extensive experience representing injured patients. Contact us today for a free initial consultation and review of your case. Call 386-255-6400 or fill out our confidential contact form and someone will call you back!

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How do I know if I’m the Victim of Medical Malpractice?

Getting a Second Opinion

How Do I Know if I’m the Victim of Medical Malpractice?

Medical MalpracticeDid you spend time in the hospital for an injury or illness and wind up regressing instead of progressing? Were you hurt during a visit to your physician, dentist, or other medical professional? It’s possible that you are the victim of medical malpractice, a serious issue that affects thousands of people in the Flagler and Volusia areas every year. Most victims of medical malpractice might not realize what happened to them because they don’t know what to look for after the visit to the doctor’s office, hospital, or pharmacy. Today, we will discuss five common signs that point to medical malpractice.

Failure to Order a Common Test

One of the first things you need to look for if you believe you are the victim of medical malpractice is the failure of your doctor to order a common test. A lot of injuries and illnesses have standard or common tests associated with them to aid in diagnosis. If this test was not ordered your doctor might be providing substandard care.

No Extra Tests Were Ordered

A diagnosis of a serious injury or illness should not be issued based on one test that is performed in the office. Diagnosing a patient takes time and should be done based on the consensus of multiple test results. If no extra tests were ordered for your situation then you very likely are the victim of medical malpractice. A single lab test should never be sufficient for a diagnosis, especially since it could wind up contaminated.

Lack of Follow Up

After being diagnosed with an injury or illness your health care providers should follow up with you. They should schedule at least one follow up appointment and should call you every now and then to check on your status. Your entire team of health care providers who diagnosed you, treated you, and guided you through recovery should be invested in how you are progressing.

Condition Fails to Improve

One of the most glaring signs of medical malpractice is when your condition fails to improve. Patients who experience setbacks after surgery or don’t see any progress during treatment could be dealing with something more serious than the doctors originally thought. Some of the most serious of issues include items being left inside you after surgery and surgeons performing the wrong surgery on their patients. These are mistakes that can prove costly and can be deadly and they need to be corrected immediately.

There Was a Delay in Diagnosis

You might be the victim of medical malpractice if your diagnosis was delayed. The delay needs to be long enough that it put you past the stage of the illness where if discovered early enough it could have been treated with somewhat of an easy procedure or medication. A delayed diagnosis almost always occurs when the common test for your symptoms mentioned earlier was not conducted.

Contact an Attorney Today

Were you injured due to the negligence of your doctor or other medical professional? Did it take too long for a doctor to diagnose your illness? If so, you are likely the victim of medical malpractice. It is in your best interest to contact the experienced team of Zimmet & Zimmet today to schedule a consultation. Call the office at 386-210-9901 to speak with an attorney. With more than 30 years of experience our team will help you fight for the compensation you deserve.

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Radiology Errors Lead to Numerous Medical Malpractice Claims

Getting a Second Opinion

Medical Malpractice

Radiology Errors Lead to Numerous Medical Malpractice Claims

According to a recently published report, 15 percent of all medical malpractice claims relating to misdiagnoses involve radiologists. This means that radiologists are second only to general practitioners for the number of medical malpractice claims filed against them. In fact, between 2013 and 2017, 595 medical malpractice claims were filed against radiologists nationwide. Many of these claims alleged delayed and/or incorrect diagnoses on behalf of a radiologist.

Medical Malpractice In the report, a full 80 percent of missed diagnoses allegedly resulted from the misinterpretation of clinical tests. Breast cancer, lung cancer, pancreatic cancer and ovarian cancer top the list for the most common types of cancers associated with misinterpretation of diagnostic tests. Other commonly missed medical issues include non vertebral and spinal fractures.

Lack of Follow-Up After Abnormal Test Results

Often times, the problem lies in the fact that there is little to no follow-up from radiology or the patient’s primary doctor following abnormal test results. This lack of follow-up can lead to significant injury for a patient. Roughly three-quarters of all claims alleging misdiagnosis involve permanent injury or death.

As an example, consider the case of a patient who visits his doctor with flu-like symptoms. The doctor, believing the patient does have the flu, orders a chest x-ray to rule out pneumonia. The radiologist fails to notice a small mass on the patient’s lung, declaring the x-ray “normal.” A year later, the patient learns that the small mass was the first stage of lung cancer. Because the radiologist failed to identify the mass, treatment was delayed and the life expectancy of the patient was significantly compromised.

Making Changes to Avoid Missed Diagnoses 

To avoid these types of diagnostic errors, changes that will help radiologists avoid dangerous and deadly errors need to occur. Here are just a few recommendations outlined by the report:

  • Reading the diagnostic test a second time
  • Identifying a specific time frame for a second read
  • Using clear, concise language
  • Avoiding interpretive phrases

Radiologists issue dozens of reports daily, which means that the message from a radiologist may not be delivered to the proper party or in an appropriate amount of time. Such breakdowns in communication can easily lead to a medical malpractice claim, and must be addressed within the medical industry.

If you have been harmed by diagnostic errors or misdiagnosis, you should immediately contact an experienced medical malpractice attorney who can properly address these injuries while simultaneously defending your rights. Your attorney will need to begin investigating your incident closely to determine if you even have cause to file a medical malpractice claim.

Has a Radiology Error Caused You Harm?

At Zimmet & Zimmet, our medical malpractice lawyers know that radiology errors can result in significant harm to patients and their families. Proving medical malpractice takes extensive investigation and a skilled legal team. From the moment you are injured, we will begin building a case that is designed to collect the compensation you deserve. If you’ve been injured by a medical error, we can help. Contact us today at (386) 255-6400 for a free initial consultation and review of your case.

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Top Causes of Medical Malpractice Claims

Medical Malpractice Lawsuits 101

Medical Malpractice

Top Causes of Medical Malpractice Claims

Not every bad medical outcome will result in a claim of medical malpractice. After all, there are many times when a specific course of treatment causes unexpected side effects or is simply ineffective. Other times, a poor medical outcome is the direct result of the failure by a medical professional to meet a reasonable standard of care. A mistake or diagnostic error due to this type of negligence can result in serious injury, and sometimes even death. Unfortunately, medical malpractice cases are amongst the most difficult and complex because they involve establishing the “standard of care.”

Medical Malpractice


Standard of care depends on the medical issue at hand. So, for example, the type of treatment a majority of heart surgeons would recommend for their heart patients becomes the standard of care for heart issues. A surgeon who leaves an instrument inside a patient after surgery has obviously violated the accepted standard of care for surgeons. If, on the other hand, you agreed to a new procedure that did not result in the outcome you had hoped for, there is no violation of the accepted standard of care.

Damages in a Medical Malpractice Claim 

Those who win a medical malpractice claim will likely be awarded monetary damages that cover medical expenses, lost wages and rehabilitation costs. In some cases, non-economic damages are also awarded for things like loss of quality of life, as well as pain and suffering. If the negligence or lack of care was willful and particularly egregious, then punitive damages could also be awarded.

What Are the Top Causes of Medical Malpractice Claims?

 Misdiagnoses and failures to diagnose are some of the top causes of medical malpractice claims. Perhaps a woman goes to her doctor after feeling a small lump in her breast. The doctor assures her it is “nothing,” and sends her on her way. A year later, the woman is diagnosed with breast cancer, and is now likely to have a worse outcome than if she had received treatment a year ago. This is a clear case of failure to diagnose.

The most common causes of medical malpractice claims include:

  • Misdiagnosis
  • Failure to diagnose
  • Surgical errors
  • Medication errors
  • Birth errors
  • Anesthesia errors
  • Radiology errors

The most common reason medical malpractice occurs, however, lies in miscommunication. When doctors and other health care professionals fail to communicate, medical malpractice can – and often does – result. Hospitals may be liable for medical malpractice if they fail to maintain their medical equipment or a clean, germ-free environment. They may also be held liable for medical malpractice if they administrators fail to ensure staff members are adequately trained.

Do You Believe You Are the Victim of Medical Malpractice?

If you believe that you are the victim of medical malpractice, it is important to speak with an experienced medical malpractice attorney as quickly as possible to ensure that your rights – and your future – are fully protected. At Zimmet & Zimmet, we have the resources and the experience to tackle such large and complex medical cases. Contact us today at (386) 255-6400 for a free initial consultation and review of your case.

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Getting a Second Opinion

Tips to Recover in a Medical Malpractice Claim