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Medical Resident Errors in Florida Teaching Hospitals: Who May Be Liable?

Teaching hospitals train the next generation of physicians while treating patients who need complex care. That dual mission creates a question families often ask after something goes wrong: if a medical resident made a mistake, who may be responsible? Responsibility for medical resident errors in Florida teaching hospitals may involve the resident, supervising attending physician, hospital, or affiliated university. Liability depends on negligent care or supervision causing injury and the legal responsibilities of those involved. Employment, agency, and sovereign immunity rules can affect which person or entity may be sued. Residents work within a supervised training structure, but that does...
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Failure to Diagnose Bowel Perforation After Colonoscopy in Florida: When Abdominal Pain Becomes a Medical Emergency

A 58-year-old Florida woman undergoes a routine colonoscopy after her primary care physician recommends colorectal cancer screening. During the procedure, the gastroenterologist identifies and removes two polyps. After recovering from sedation, she experiences mild abdominal discomfort and bloating, which the nursing staff explains can occur following a colonoscopy. Later that afternoon, however, her abdominal pain becomes progressively worse. Her stomach feels unusually swollen, and she begins experiencing nausea. She contacts the endoscopy center and explains that the pain is severe and worsening. She is reassured that gas and cramping are common after a colonoscopy and is advised to rest. By...
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Failure to Diagnose a Pulmonary Embolism After Surgery in Florida: When Shortness of Breath Becomes a Fatal Emergency

A 61-year-old Florida woman undergoes knee replacement surgery. The procedure is successful, and after a short hospital stay, she is discharged home with instructions for physical therapy, pain management, and recovery. Four days later, she begins experiencing shortness of breath. At first, she assumes it is related to inactivity following surgery. By that evening, however, she develops sharp chest pain when taking a deep breath and notices that her heart seems to be racing. Her husband takes her to the emergency room, where she explains that she recently underwent orthopedic surgery. The emergency room physician orders a chest X-ray and...
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Failure to Diagnose Postpartum Preeclampsia: When a Headache After Childbirth Is a Medical Emergency

A 34-year-old Florida woman delivers a healthy baby after what appears to be an uncomplicated pregnancy. Her blood pressure was normal throughout most of the pregnancy, and after two days in the hospital, mother and baby are discharged home. Three days later, she develops a severe headache. At first, she assumes it is exhaustion. She has barely slept since bringing the baby home, and headaches seem like one more part of recovering from childbirth while caring for a newborn. By that evening, however, the headache has become unbearable. She begins seeing flashing spots and tells her husband that her vision...
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Failure to Diagnose a Spinal Epidural Abscess: When Back Pain Becomes a Neurological Emergency

A 52-year-old Florida man arrives at an emergency room complaining of severe lower back pain. He has no history of a recent accident. The pain started several days earlier but has become progressively worse. He tells the emergency room physician that he feels feverish and generally ill. His temperature is elevated. He receives pain medication, is diagnosed with a back strain, and is discharged. Two days later, he returns. The pain is worse. This time, he says his right leg feels weak and he has difficulty walking. Laboratory testing shows evidence of inflammation, but he is again treated for back...
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Patient Portal Medical Malpractice | Bounds Law Group

Ignored Patient Portal Messages: When a Failure to Respond Causes Serious Harm Patient portals have changed how people communicate with doctors, hospitals, and other healthcare providers. Patients can now use online systems to ask questions, request medication refills, review test results, schedule appointments, and communicate new symptoms without making a traditional phone call. For many patients, sending a portal message feels like contacting the medical practice directly. But what happens when an important message is ignored? A patient may report worsening symptoms and receive no response. An abnormal test result may appear in the portal without anyone explaining what it...
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Failure to Diagnose Post-Operative Ileus in Florida: When Normal Surgical Recovery Becomes Dangerous

A 63-year-old Florida man undergoes abdominal surgery. The procedure appears successful. During the first day after surgery, his abdomen is somewhat swollen and he has not had a bowel movement. His doctors explain that the intestines commonly slow down temporarily after abdominal surgery. By the second day, however, the patient's abdomen has become increasingly distended. He feels nauseated and cannot tolerate food. By the third day, he still has not passed gas or had a bowel movement. He begins vomiting. His abdominal pain is getting worse rather than better. His family repeatedly tells the nursing staff that something does not...
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Failure to Diagnose Necrotizing Fasciitis in Florida: When a Skin Infection Becomes a Medical Emergency

A 57-year-old Florida man cuts his lower leg while working in his yard. Two days later, the area around the cut is red and swollen. More concerning, the pain has become excruciating. He tells his wife that his leg hurts far more than he would expect from such a small wound. He goes to an urgent care center. The provider examines his leg, diagnoses cellulitis, prescribes oral antibiotics, and sends him home. Overnight, the pain becomes unbearable. The redness spreads rapidly. He develops a fever, begins vomiting, and becomes confused. His family takes him to an emergency room the following...
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Failure to Diagnose Cauda Equina Syndrome in Florida: When Back Pain Becomes a Medical Emergency

A 46-year-old Florida woman arrives at an emergency room with severe lower back pain shooting down both legs. She explains that the pain has become dramatically worse over the previous two days and that her legs feel weak. During the evaluation, she mentions something else that seems unusual: when she uses the bathroom, she cannot feel the toilet paper normally. She also says that urinating has become difficult. The emergency room physician diagnoses severe sciatica. She receives pain medication and muscle relaxers and is discharged with instructions to follow up with an orthopedic doctor. By the following morning, she cannot...
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When Multiple Providers Share Medical Malpractice Liability

When Multiple Healthcare Providers Share Responsibility for a Patient’s Injury Medical care is often a team effort. A patient admitted to a Florida hospital may be treated by emergency physicians, nurses, hospitalists, surgeons, anesthesiologists, radiologists, specialists, pharmacists, and other healthcare professionals during the same episode of care. When something goes seriously wrong, determining who is responsible may not be as simple as identifying one doctor who made one mistake. Several healthcare providers can potentially contribute to the same injury. One physician may fail to recognize an important symptom. A radiologist may miss an abnormal finding. A nurse may fail to...
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