Tag Archives: Medical malpractice defense lawyers

Medical Malpractice Defense: Misreading Imaging Reports

When patients undergo diagnostic imaging tests, it is reasonable for them to assume that the results will be detailed enough for their provider to interpret them accurately. Medicine is far from an exact science, though, and the images that result from X-rays, CT scans, and MRI machines can be challenging to read in certain cases.

When an imaging test does not yield clear results, the physician has a duty to order additional scans or to perform some other kind of testing such as a biopsy. If the results appear to be relatively clear, though, the doctor may not even realize the patient needs a more comprehensive analysis.

Depending on the circumstances, misreading imaging reports can have devastating consequences. In such scenarios, patients are likely to sue their treating physician for malpractice, even if he or she is not actually liable for the damages.

If you are facing a lawsuit for allegedly misreading imaging reports, the medical malpractice defense lawyers at Lubell Rosen can help. We know what it takes to overcome these claims, and we will fight tirelessly on your behalf. Call (954) 880-9500 to schedule a case evaluation with a medical malpractice defense attorney in Florida.

Common Reasons for Misreading Diagnostic Imaging Reports

Even if a doctor does in fact misread diagnostic images, he or she might not be liable for any damages. If another reasonable physician would have interpreted the images the same way, for example, then the doctor was not negligent and the patient would not have grounds for a malpractice claim.

Providers can protect themselves from potential lawsuits by knowing why some images are likely to be misinterpreted in the first place. This will allow them to take steps to avoid diagnostic errors. Common reasons for misreading imaging reports include:

1. The imaging equipment was defective.

Diagnostic imaging equipment is like any piece of machinery in that it can malfunction. It may also contain manufacturing or design defects. In either case, the equipment can produce inaccurate reports that are challenging to interpret.

2. The radiologist downplayed certain findings.

When radiologists review film, they will note both pressing concerns and incidental findings. Upon receiving the report, the patient’s treating physician will address the pressing concerns first.

If the radiologist’s interpretation is wrong, though, and the abnormalities they deemed secondary require immediate care, the patient might end up suing the doctor for delayed treatment. Providers can avoid these kinds of claims by addressing all potential issues revealed in the diagnostic images as soon as possible.

3. The patient’s symptoms did not correspond to the imaging results.

If a patient’s symptoms are indicative of one condition but the imaging results reveal another, a reasonable physician should conduct additional testing to confirm the diagnosis. Depending on the circumstances, though, immediate treatment may be necessary. In such a scenario, a reasonable doctor may have to risk facing a suit over misreading imaging reports to prevent potentially life-threatening complications.

Discuss Your Case with a Medical Malpractice Defense Lawyer in Florida

If a patient is suing you for allegedly misreading imaging reports, turn to the AV-rated legal team at Lubell Rosen. Call (954) 880-9500 or fill out our Contact Form to schedule a case evaluation with one of our strategic medical malpractice defense attorneys.

Medical Malpractice Defense: Wrongful Birth

It is always tragic when a newborn sustains a birth injury or is diagnosed with a birth defect. Depending on the nature and severity of the infant’s condition, parents may incur millions of dollars in costs due to healthcare, mobility aids, medical equipment, and home care before the child has even reached preschool age.

Because the financial burden can be so great, parents are often left searching for any possible way to maintain financial security and help their child live the fullest life possible. Some choose to file medical malpractice claims against the facility or healthcare providers who played a role in the prenatal care or delivery, but not all of these claims have merit. Birth injuries and defects can occur even when deliveries are performed with textbook precision using all accepted standards of care.

“Wrongful birth” is a kind of medical malpractice claim in which parents allege that a healthcare provider should have advised them of their child’s condition long before labor and delivery. In such a case, the claimants are essentially arguing that had they known about the child’s condition prior to birth, they might not have carried the pregnancy to term.

If you are being sued for the wrongful birth of a child, it is essential to start planning your defense immediately. The Florida medical malpractice defense lawyers at Lubell Rosen can evaluate your case from all angles to determine the most effective way to protect your best interests. Call (954) 880-9500 to schedule a consultation with a medical malpractice defense attorney in Florida.

Let’s explore a few possible defenses against wrongful birth claims:

1. The child’s disabilities were not apparent at any stage of the pregnancy.

Many severe disabilities can be detected during pregnancy if the mother follows all recommended aspects of prenatal care. For example, if a fetus is missing one or more limbs, the defect should eventually be obvious in ultrasound images.

Minor birth defects, on the other hand, may not necessarily become apparent during any stage of pregnancy. As long as the mother’s doctors used accepted standards of practice when providing prenatal care, she will not have a valid wrongful birth claim for any unanticipated birth defects or disabilities.

2. The child’s disabilities are not severe enough to warrant legal action.

According to the Civil Liberties Law Review, the severity of a child’s disabilities can affect the validity of a wrongful birth claim. A doctor’s precise obligations regarding informed consent vary from case to case, but in general, healthcare providers are not obligated to discuss or disclose minor potential impairments that the courts do not consider severe.

3. The mother was informed of the child’s condition prior to delivery.

If prenatal tests revealed that the child might be born with some kind of medical condition or disability and you informed the mother of this fact as soon as possible, you have met your obligations regarding informed consent. If you outlined the potential complication in writing and obtained the patient’s signature, it would be difficult for the mother to claim that she was not informed about the potential condition.

Call (954) 880-9500 to Speak with a Medical Malpractice Defense Lawyer in Florida

If you are facing a lawsuit involving the alleged wrongful birth of a child, turn to the strategic medical malpractice defense attorneys at Lubell Rosen. Call (954) 880-9500 or fill out our Contact Form to start building your defense.

Understanding the Relationship Between Informed Consent and Medical Malpractice

Every medical procedure poses certain risks, and every patient has the right to know about those risks before undergoing a particular screening, exam, or treatment. When a patient agrees to a procedure despite knowing the risks, this is called “informed consent.” Getting informed consent is important not only to ensure patients are aware of potential complications but also to protect healthcare providers from medical malpractice claims.

Laws regarding informed consent were first implemented in the early twentieth century. In 1914, the Supreme Court ruled that every adult of sound mind has the basic right to consent to medical care.

Although informed consent does not shield physicians who provide substandard care, it can serve as an added layer of protection in certain scenarios. If you are being sued for complications that arose during a procedure, whether or not you obtained informed consent, it is important to seek legal counsel right away to start planning your defense.

The Florida medical malpractice defense attorneys at Lubell Rosen have the resources and litigation experience to guide you through every stage of the proceedings. To discuss your case and determine the most strategic way to proceed, call (954) 880-9500.

Understanding the Relationship Between Informed Consent and Medical Malpractice

Before performing any kind of medical procedure, healthcare providers must inform their patients of potential complications. Patients who have a clear understanding of the risks they are facing can make an educated decision regarding the procedure and whether they wish to go through with it.

Obtaining signed consent forms from patients does not necessarily absolve providers of liability should complications arise; however, failing to do so could work against them in certain scenarios. For example, if a physician does not obtain consent before performing a minor surgery, an oversight could contribute to a subsequent malpractice claim should something go wrong. The plaintiff simply has to argue that he or she would not have opted for the procedure had the risks been made apparent.

Healthcare providers do not necessarily have to discuss every possible complication with patients before proceeding with a given treatment, but they must disclose the most statistically significant risks. They must also inform patients of any viable alternatives that might produce results similar to the procedure in question. The only scenarios in which physicians may not have to obtain informed consent are when dealing with medical emergencies and when treating patients who are emotionally fragile.

Call (954) 880-9500 to Speak with a Medical Malpractice Defense Lawyer in Florida

If you are being sued for medical malpractice, contact Lubell Rosen. Taking action immediately allows our seasoned medical malpractice defense lawyers to investigate the circumstances of the incident while anticipating the opposing party’s next move. Call (954) 880-9500 or fill out our Contact Form to schedule a case evaluation.

Medical Malpractice Defense: Medication Errors

When a doctor prescribes a medication, it is reasonable for the patient to assume that the drug is going to help. At the very least, it should not cause any unexpected side effects if it is taken as directed. Unfortunately, medication mistakes happen all the time and can result in devastating complications.

The National Coordinating Council for Medication Error Reporting and Prevention defines medication errors as preventable events that may cause inappropriate drug use or lead to patient harm. Although many medication mistakes do not result in any lasting damage, some pharmaceutical errors can have tragic consequences. If you are being sued for allegedly making a prescription error, it is critical to start planning your defense immediately.

The Florida medical malpractice defense lawyers at Lubell Rosen will answer your questions, conduct a thorough investigation into the claim, and help you determine the most strategic way to defend against the accusations. Call (954) 880-9500 to schedule a case evaluation with a medical malpractice defense attorney.

Common Kinds of Medication Errors

The specific type of medication mistake that occurred will ultimately determine which party is liable for any damages that result. Common pharmaceutical errors include:

1. Prescription Errors

If a physician intends to prescribe one medication but accidentally prescribes another, the patient can suffer harm as a result. Such mistakes may be more likely to happen when the patient’s condition calls for a drug that is fairly uncommon and the doctor inadvertently confuses it with a different, more common medication that he or she prescribes often.

2. Dosage Errors

Doctors are not the only providers who make medication mistakes. Sometimes, a physician can prescribe the right drug but a pharmacist ends up preparing the wrong dosage, which can have catastrophic consequences.

3. Administration Errors

In hospital settings, it is entirely possible for nurses who are administering medication to make errors. Even if a doctor prescribed the right drug and a pharmacist prepared it correctly, the patient can still suffer harm if a nurse administers it incorrectly. When this happens, the patient might sue the nurse directly or name the entire facility in a claim for its lack of oversight.

Call (954) 880-9500 to Speak with a Medical Malpractice Defense Lawyer in Florida

If you have been accused of making a medication mistake, turn to Lubell Rosen to start building your defense. Our AV-rated medical malpractice defense attorneys will help you navigate the proceedings while protecting your rights every step of the way. Call (954) 880-9500 or fill out our Contact Form to schedule a case evaluation.