Moody v. Lawnwood Med. Ctr., Inc., 4D11-3879, 2013 WL 811573 (Fla. Dist. Ct. App. Mar. 6, 2013)

This case involves a medical malpractice claim filed by the victim’s parents against a hospital. The parents of the victim were the ones to bring on this action because the injured party was a minor at the time of the incident.

The minor in this case received an injury while playing at an area playground. After complaining of pain in the hip region of his body, the victim’s mother took him to his pediatric physician. After an examination, the pediatrician referred the child to a radiologist to have x-rays performed. Once the results of the x-rays came back, the radiologist examined the child and diagnosed him with a hip fracture.

When the child’s pediatrician received news of the hip fracture, he explained to the mother of the victim that she needed to bring him to a local hospital where he had privileges as a staff member. The mother of the child brought her son to the emergency room of the hospital where the pediatrician admitted the child in as a patient. During the admission process, the mother signed documents, including a “Conditions of Admissions” page, which explained that the hospital was exchanging their services for monetary value.

The hospital claims that the mother additionally agreed to the terms of the contract on the back side of the form, which limited the hospital’s liability when an independent physician was the cause of an injury to a patient. The mother asserts that her signing the initial form was done without knowledge of what the backside of the contract contained.

While the victim in this case was admitted in the hospital, his pediatrician referred him to be seen by a hospital orthopedic doctor. The specialist examined the victim at the hospital and determined that he did in fact have a fracture of his hip. It was the orthopedic doctor’s opinion to discharge the child from the hospital and send him home with his mother.

Once the child left the hospital, and after he returned home, his pain began to get worse, and the condition of the fracture developed negatively. The mother of the victim decided to take her son to another hospital where his condition was determined to have greater injuries than was initially diagnosed by the pediatrician and the hospital’s orthopedic doctor.

When it comes to medical malpractice claims, there are a multitude of situations which can cause there to be an appropriate solution through legal recourse. These types of personal injury claims are not limited to the conduct of a medical doctor. Any medical professional in the industry can be liable for medical malpractice.

A medical malpractice claim can be filed when a physician has failed to use the appropriate stand of care that is required from a doctor. When a physician falls under the industry standard and a person is injured as a result, that doctor has acted negligently. Laws in Florida make it a requirement of physicians to act as another physician would if they were in the same or similar situation.

If you have been involved in a situation that may include medical negligence, you should contact an attorney and let them know the details. The accident attorneys at Madalon Law will gladly answer your questions and let you know if you have a case. Contact us for your free consultation.