This is a story that no one wants to experience, but medical malpractice in Florida and throughout the U.S. is real and far more common than the public realizes. A woman from Tampa felt there was too much bleeding after her dental surgery, and too much pain. There was a very good reason for that. Her dental surgeon had left a drill bit burr in her right maxillary sinus where it stayed for nearly a year as the 35-year-old held down a job and cared for her kids. The woman has since undergone surgery to have the drill bit removed.
We wish her a speedy recovery and the peace of mind knowing that a foreign object has been removed from her face.
The woman in this incident has hired an attorney to try and get back some of the11-months of her life. This was not only a preventable error, says her attorney, but a simple follow-up X-ray would have detected the metal piece in her jaw. Instead, the woman was sent away and told that her healing process was normal, her lawyer says.
In order to file a medical malpractice lawsuit, a patient has to have suffered some loss and injury, and according to this complaint, the woman was experiencing numbness on her right side where the burr was, as well as dizziness. It was only when she was taken in for emergency treatment at St. Joseph’s Hospital in July, 2009, that a magnetic scan caused the object to move inside her head, something that caused excruciating pain, she says.
Over the last several years, the Florida Legislature has passed laws limiting a victim’s right in a medical malpractice action. Although we fought these measures in this legislature, many people agree there should be caps on awards if you have been injured. That is, until you or someone in your family is injured. No state law should pre-determine what your case is worth in advance of going before a jury and the level of egregious medical error a doctor has committed.
Unfortunately, many law firms are turning down these types of cases because the cost to bring the case to trial – hiring experts, doing medical investigations, and lots of leg work, may exceed what the state allows you to recover. However, the medical malpractice attorneys in Jacksonville, Florida at Farah and Farah are still dedicated to protecting the rights of the injured and will not back down in spite of these new caps on damages. Our firm will not give up fighting for injured patients and we will use all of the resources it takes to obtain justice for our clients.