Florida Errors of Omission Lawyer

At Rafferty Domnick Cunningham & Yaffa, we are dedicated to representing individuals and families who have been harmed due to medical negligence, particularly in cases involving errors of omission. When healthcare providers fail to act, whether by not diagnosing, treating, or preventing medical conditions, the consequences can be devastating. These failures can result in preventable suffering, long-term complications, or even death. Our experienced legal team is committed to holding negligent healthcare providers accountable and helping victims and their families obtain justice and compensation.

 

What Is Medical Malpractice Due to Errors of Omission?

An error of omission occurs when a healthcare provider fails to take the appropriate steps required to care for a patient. Unlike errors of commission, where a harmful action is taken, errors of omission involve inaction or neglect. These can occur during diagnosis, treatment, or follow-up care, and they can lead to significant harm to patients.

At Rafferty Domnick Cunningham & Yaffa, we understand the complexities of these cases and are committed to helping patients and their families seek justice for the harm caused by such negligence.

Common Types of Errors of Omission in Healthcare

Errors of omission can take many forms across various medical specialties and healthcare settings. Some common examples include:

Missed Diagnoses
Healthcare providers may fail to recognize the signs and symptoms of serious medical conditions, such as cancer, heart disease, or infections. This failure can result in missed opportunities for early treatment, leading to the progression of the illness and reduced treatment effectiveness.

Failure to Administer Necessary Treatment
Even when a condition is correctly diagnosed, a healthcare provider might fail to prescribe or administer appropriate treatment. For example, neglecting to provide antibiotics for a severe infection could lead to the spread of the disease or the development of life-threatening sepsis.

Delayed Emergency Response
In emergency situations, timely intervention is critical. Failing to act promptly in cases like heart attacks, strokes, or traumatic injuries can result in permanent damage or death. For instance, a delay in administering clot-dissolving medication for a stroke patient can lead to irreversible brain damage.

Omitted Diagnostic Tests
Healthcare providers may neglect to order essential tests that could help identify a serious medical issue. For example, failure to order a CT scan or MRI for a patient with head trauma could miss internal bleeding, leading to fatal consequences.

Failure to Monitor High-Risk Patients
Patients with chronic conditions or those undergoing major surgery require close monitoring. Neglecting to monitor a patient’s vital signs, lab results, or other key health indicators can result in undetected complications, such as infections or blood clots.

Neglecting Preventive Care
In some cases, healthcare providers fail to offer preventive screenings or vaccinations, which could prevent the onset of severe diseases. For example, failing to recommend a colonoscopy to a patient at risk for colon cancer can result in the disease being detected only in its advanced stages.

Failure to Follow Up on Test Results
Sometimes healthcare providers do not follow up on abnormal test results, such as high blood sugar levels, suspicious lumps, or abnormal Pap smears. This lack of follow-up can lead to delayed diagnoses of serious conditions like diabetes, cancer, or infections.

Lack of Informed Consent
Patients have the right to be informed about their treatment options. If a healthcare provider fails to inform a patient of all available treatments, the patient may miss an opportunity for better care or avoid preventable complications.

Each of these scenarios involves healthcare providers neglecting to perform critical actions that could have prevented harm to the patient. These errors can lead to severe physical, emotional, and financial consequences. At Rafferty Domnick Cunningham & Yaffa, we work to hold negligent providers accountable for their inaction.

 

Injuries Sustained from Errors of Omission

Errors of omission in healthcare can result in a variety of serious injuries, ranging from mild complications to permanent disability or death. The type and severity of injury often depend on how long the omission occurred and the nature of the patient’s underlying condition. Common injuries resulting from errors of omission include:

Disease Progression
When a condition like cancer, heart disease, or an infection is not diagnosed or treated promptly, it can progress to a more severe stage. This can result in the disease becoming untreatable or significantly reducing the chances of recovery.

Permanent Disability
Some medical conditions, such as strokes, heart attacks, or spinal cord injuries, require immediate intervention. Delays or failure to treat these conditions can result in permanent disabilities, such as paralysis, cognitive impairments, or loss of motor function.

Organ Failure
Omitted treatment for serious infections, kidney disease, or heart problems can lead to the failure of vital organs. For example, untreated infections can lead to sepsis, a life-threatening condition that can result in organ failure and death.

Amputations
In some cases, failure to treat conditions like severe infections or diabetes-related complications can result in the need for amputations. Untreated infections can spread, making amputation necessary to save the patient’s life.

Severe Infections
Failure to administer timely antibiotics for infections such as pneumonia or urinary tract infections can result in the infection spreading to the bloodstream (sepsis), a life-threatening condition that requires emergency intervention.

Chronic Pain and Mobility Issues
Delayed or omitted treatment for musculoskeletal injuries, such as broken bones or torn ligaments, can result in chronic pain, loss of mobility, or even permanent damage to the affected area. For example, a failure to properly treat a broken bone can lead to improper healing, requiring surgery and long-term rehabilitation.

Heart Attack or Stroke Complications
Failing to treat heart attack or stroke symptoms promptly can result in more severe damage to the heart or brain. This can lead to long-term complications such as heart failure, speech impairment, memory loss, or paralysis.

Mental Health Decline
Patients who suffer from untreated chronic pain, undiagnosed conditions, or prolonged medical issues may experience depression, anxiety, or other mental health issues. The emotional toll of a delayed diagnosis or failed treatment can be as damaging as the physical injuries.

Death
Tragically, in some cases, errors of omission lead to a patient’s death. Failure to diagnose life-threatening conditions, such as cancer or heart disease, or failing to act in medical emergencies, such as a stroke or sepsis, can result in a fatal outcome.

The injuries sustained due to errors of omission can be life-altering, not only for the patient but also for their families. Victims often face a lifetime of medical treatments, therapies, or caregiving, along with emotional and financial challenges. At Rafferty Domnick Cunningham & Yaffa, we are committed to ensuring that those responsible for these life-altering injuries are held accountable, and we strive to secure the compensation victims and their families deserve.

Proving Medical Malpractice Due to Omission

In medical malpractice cases involving errors of omission, the injured party must prove that the healthcare provider’s failure to act caused the harm. This involves several critical elements:

Duty of Care
The healthcare provider had a responsibility to provide care that meets accepted medical standards.

Breach of Duty
The provider failed to act according to the required standard of care, either by neglecting to diagnose, treat, or monitor the patient’s condition.

Causation
The patient must demonstrate that the healthcare provider’s inaction directly caused their injury or worsened their condition.

Damages
The patient must have suffered measurable harm, such as medical bills, lost wages, pain and suffering, or emotional distress, as a result of the omission.

Proving these elements often requires expert testimony, detailed medical records, and other forms of evidence. At Rafferty Domnick Cunningham & Yaffa, we work closely with leading medical experts to build a compelling case and ensure negligent providers are held accountable.

 

Legal Options for Victims of Medical Negligence

If you or a loved one has been harmed due to a healthcare provider’s failure to act, you may be entitled to compensation for the following:

Medical Expenses
This includes past and future medical bills, such as surgeries, medications, rehabilitation, and ongoing treatments related to the injury.

Lost Wages and Reduced Earning Capacity
If your injury prevents you from working or affects your ability to earn an income in the future, you may be entitled to compensation for lost wages and loss of earning potential.

Pain and Suffering
Compensation may be awarded for physical pain, emotional distress, and the overall reduction in your quality of life due to the injury.

Emotional Distress
The trauma of enduring a medical injury, particularly due to negligence, can result in psychological harm, such as anxiety, depression, or post-traumatic stress.

Loss of Consortium
Family members may be entitled to compensation for the loss of companionship, support, or care resulting from the injury or death of a loved one.

Our attorneys will conduct a thorough investigation into your case and work tirelessly to ensure you receive the full compensation you deserve. We will also ensure your claim is filed within the appropriate statute of limitations, which varies by state.

Why Choose Rafferty Domnick Cunningham & Yaffa?

At Rafferty Domnick Cunningham & Yaffa, we are passionate about advocating for victims of medical negligence. With decades of experience and a proven track record in handling complex medical malpractice cases, we offer:

Personalized Legal Representation
We understand that every case is unique, and we are committed to providing personalized attention to ensure that we fully understand your situation and the impact on your life.

Proven Results
Our firm has secured millions of dollars in settlements and verdicts for clients injured due to medical negligence. We have the experience and resources needed to take on large healthcare providers and insurance companies.

Expert Medical Resources
We work with top medical experts to thoroughly evaluate your case and provide testimony on how the healthcare provider’s omission directly caused your injury. These experts are crucial in proving negligence and obtaining favorable outcomes for our clients.

Our goal is to alleviate the burden of legal proceedings while ensuring that justice is served and that negligent parties are held accountable for their actions.

 

Frequently Asked Questions

Can I sue a doctor for not diagnosing my condition?
Yes, if a healthcare provider’s failure to diagnose your condition caused harm, you may have grounds for a medical malpractice claim. Our attorneys can review your case and advise you on the best course of action.

What compensation can I receive for an error of omission?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages related to the injury caused by the healthcare provider’s negligence.

How long do I have to file a malpractice claim?
The timeframe for filing a medical malpractice claim (the statute of limitations) varies depending on the state. It is crucial to consult with an attorney as soon as possible to ensure your claim is filed within the required timeframe.

 

Contact Rafferty Domnick Cunningham & Yaffa Today

If you or a loved one has suffered harm due to a healthcare provider’s failure to act, don’t wait to seek legal help. The attorneys at Rafferty Domnick Cunningham & Yaffa are dedicated to fighting for the rights of victims of medical malpractice. Contact us today for a free consultation and take the first step toward holding negligent healthcare providers accountable and securing the compensation you deserve.