Florida Errors of Commission Lawyer
At Rafferty Domnick Cunningham & Yaffa, we are dedicated to representing individuals who have been harmed by errors of commission in medical malpractice cases. Medical professionals are entrusted with the critical responsibility of ensuring patient safety and delivering care according to established standards. When these standards are violated through active mistakes, the consequences can be life-altering. Errors of commission occur when a healthcare provider actively performs an improper action—whether it’s the wrong surgery, medication, or treatment—that leads to patient harm.
Our team of highly experienced medical malpractice attorneys is here to support victims and their families through this challenging legal process. If you or a loved one has suffered due to a healthcare provider’s wrongful actions, we can help you seek justice and fair compensation for the harm caused.
What Are Errors of Commission?
Errors of commission are one of the two main types of medical errors, with the other being errors of omission. While an error of omission occurs when a healthcare provider fails to act or provide necessary treatment, an error of commission involves an active mistake made by the provider that results in harm. This could involve performing an unnecessary or incorrect procedure, administering the wrong drug, or making an incorrect diagnosis followed by harmful treatment.
These errors are particularly dangerous because they involve direct actions that have immediate and sometimes severe consequences. Unfortunately, these mistakes can occur across various medical settings, from hospitals to clinics and even during routine care.
Errors of commission are not only preventable but often result from negligence, miscommunication, or poor judgment by medical professionals. These errors breach the duty of care that healthcare providers owe to their patients and can have devastating impacts on a patient’s health and well-being.
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Common Types of Errors of Commission
At Rafferty Domnick Cunningham & Yaffa, we have handled a wide range of medical malpractice cases involving errors of commission. These errors can occur in many forms, with each type presenting its own risks and potential outcomes for the patient.
Surgical Errors
Surgical errors are among the most serious and visibly damaging types of errors of commission. Even a minor mistake during surgery can result in long-lasting injuries or complications for the patient. Some of the most common surgical errors include:
- Wrong-site surgery: This occurs when the surgeon operates on the wrong part of the body, such as removing the wrong organ or amputating the wrong limb.
- Incorrect procedures: Performing the wrong surgical procedure on a patient, often due to miscommunication or lack of proper pre-operative checks.
- Retention of foreign objects: Leaving surgical tools or materials, like sponges or forceps, inside the patient’s body post-surgery, leading to infections or further complications.
These errors can result in permanent injury, extended hospital stays, additional surgeries, or even death in extreme cases.
Medication Errors
Medication errors are another common form of error of commission. They can happen at any stage of the prescribing, dispensing, or administering process. Examples include:
- Wrong medication: Prescribing or administering the wrong drug, often due to misidentifying a patient’s condition or failure to check the patient’s medical history.
- Incorrect dosage: Giving the patient too much or too little of a prescribed drug, which can lead to overdose, under-treatment, or serious side effects.
- Adverse drug interactions: Failing to account for other medications the patient is taking, leading to dangerous or life-threatening drug interactions.
These mistakes can result in allergic reactions, organ failure, neurological damage, or even death, particularly in vulnerable patients such as the elderly or those with pre-existing conditions.
Improper Medical Treatments
Improper medical treatments occur when healthcare providers give incorrect or inappropriate treatment for a patient’s condition. This might include:
- Unnecessary procedures: Performing treatments or surgeries that were not medically needed, exposing the patient to unnecessary risks.
- Improper care: Administering treatments in a way that causes harm, such as using incorrect techniques or ignoring safety protocols during medical procedures.
In some cases, patients are exposed to treatments that actually worsen their conditions, leading to prolonged suffering and recovery.
Errors in Diagnosis
Misdiagnosis is a critical error that can set off a chain of additional harmful treatments. If a condition is misdiagnosed, the patient may receive treatments that are not only ineffective but also harmful. Examples of diagnostic errors include:
- Failure to correctly diagnose a serious condition, such as cancer or heart disease, leading to inappropriate treatments that cause more harm than benefit.
- Diagnosing the wrong condition and administering treatments or surgeries for a condition the patient does not have.
A misdiagnosis can delay the proper treatment, worsen the patient’s condition, and, in severe cases, lead to irreversible damage or death.
Injuries Sustained from Errors of Commission
The injuries caused by errors of commission can be severe, long-lasting, and even fatal. Unlike errors of omission, which involve inaction, errors of commission can result in immediate harm due to an active mistake. Some of the most common injuries associated with errors of commission include:
Organ Damage
Errors in surgery, such as operating on the wrong body part or using improper techniques, can lead to permanent damage to vital organs. This may require additional surgeries or result in long-term health problems.
Infections
When foreign objects are left inside a patient during surgery, or when improper sterilization techniques are used, infections can occur. Some infections can become life-threatening, requiring extended hospitalization or aggressive treatments.
Medication Overdoses
Overdosing a patient on medication due to a prescribing error can cause organ failure, brain damage, or death. Overdoses are particularly dangerous for elderly patients or those with weakened systems.
Permanent Disability
Many errors of commission, such as surgical mistakes or improper treatments, can result in permanent disability. For example, incorrect surgeries may lead to paralysis or loss of function in limbs or organs.
Wrongful Death
In the most severe cases, errors of commission can lead to a patient’s death. Families of patients who die as a result of medical malpractice are left not only with emotional devastation but also with financial burdens related to medical expenses and funeral costs.
These injuries can have a profound impact on the victim’s life and the lives of their loved ones, often requiring long-term medical care, rehabilitation, and support.
Injured and Have Questions?
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Legal Recourse for Errors of Commission
Victims of medical malpractice caused by errors of commission have the legal right to pursue compensation for their injuries. The legal process can be complex, but with the right legal team, victims can seek justice and hold negligent healthcare providers accountable for their actions.
To establish a successful medical malpractice claim, victims must prove the following:
- Duty of Care
The healthcare provider had a duty to treat the patient according to accepted medical standards. - Breach of Duty
The healthcare provider’s actions deviated from the accepted standard of care. This deviation is considered negligence. - Causation
The breach of duty directly caused the patient’s injury or harm. It must be shown that the injury would not have occurred if not for the healthcare provider’s actions. - Damages
The patient must show that they suffered actual damages as a result of the provider’s error. This may include medical bills, lost wages, pain and suffering, and more.
At Rafferty Domnick Cunningham & Yaffa, we work with leading medical experts to build strong cases for our clients. These experts help to review medical records, reconstruct events leading to the error, and provide testimony that proves negligence. Our firm is committed to ensuring that victims receive the compensation they deserve for the harm caused by medical errors.
Compensation for Medical Malpractice Victims
If you or a loved one has been harmed by an error of commission, you may be entitled to compensation for the following:
Medical Expenses
This includes current and future medical bills related to the injury, including hospitalization, surgeries, medications, rehabilitation, and ongoing care.
Lost Wages
Compensation for time missed from work due to recovery or permanent disability caused by the medical error.
Pain and Suffering
Non-economic damages for the physical pain, emotional trauma, and reduced quality of life caused by the injury.
Disability and Disfigurement
Compensation for permanent disability, loss of function, or disfigurement resulting from the error.
Wrongful Death
If a loved one has passed away due to an error of commission, families can seek damages for funeral expenses, loss of companionship, and the financial support the deceased would have provided.
Our team of attorneys is committed to securing the maximum compensation for your case, whether through settlement negotiations or a court trial.
How Rafferty Domnick Cunningham & Yaffa Can Help
At Rafferty Domnick Cunningham & Yaffa, we understand that medical malpractice cases are not just about compensation—they’re about justice, accountability, and ensuring that negligent medical professionals are held responsible for the harm they cause. When you work with our team, you will receive:
Personalized Attention
Every case is unique, and we provide each client with the individualized care and attention they deserve. We are dedicated to understanding your specific situation and tailoring our legal strategies to meet your needs.
Expert Legal Guidance
Our experienced team will guide you through the entire legal process, explaining your rights, options, and potential outcomes. We work tirelessly to build the strongest possible case on your behalf.
Aggressive Advocacy
Whether negotiating a settlement or fighting for your rights in court, we are relentless in pursuing the compensation and justice you deserve.
Compassionate Support
Medical malpractice can be emotionally and physically draining. We are here to support you throughout the process, providing both legal and emotional support.
Injured and Have Questions?
Call us or request a case review by our experts.
Frequently Asked Questions (FAQs) About Errors of Commission
What is an error of commission in medical malpractice?
An error of commission occurs when a healthcare provider actively performs a harmful action, such as performing the wrong surgery, administering incorrect medication, or misdiagnosing a condition.
Can I sue for a surgical mistake that caused my injury?
Yes, if you were injured as a result of a surgical mistake, you may be able to file a medical malpractice lawsuit. Compensation may be sought for medical expenses, lost wages, and pain and suffering caused by the mistake.
How do I prove that my injury was caused by a healthcare provider’s mistake?
To prove medical malpractice, it must be shown that the healthcare provider’s actions deviated from the accepted standard of care and that these actions directly caused harm. Medical experts are often necessary to support this claim.
What compensation can I recover for an error of commission?
Compensation may include medical expenses, lost income, pain and suffering, and damages for permanent disability or wrongful death. Families may also seek compensation for the loss of a loved one due to malpractice.
Contact Rafferty Domnick Cunningham & Yaffa Today
At Rafferty Domnick Cunningham & Yaffa, we have a proven track record of helping victims of medical malpractice recover compensation for their injuries. Our team has extensive experience handling cases involving errors of commission, and we are committed to ensuring that negligent healthcare providers are held accountable for their actions.
If you or a loved one has been harmed due to a healthcare provider’s mistake, contact Rafferty Domnick Cunningham & Yaffa today for a free consultation. Let us help you seek justice and secure the compensation you deserve.
