HCA Kendall Medical Malpractice
Table of Contents
- Patient Safety at HCA Kendall Hospital
- Filing a Medical Malpractice Lawsuit Against HCA Florida Kendall Hospital
- Case Study: FHVG Recovers $17 Million+ Over a Catastrophic Brain Hemorrhage During a Routine C-Section
- History of Medical Malpractice Claims Against HCA Kendall
- File Your HCA Kendall Hospital Lawsuit Before It’s Too Late
- Contact Our Florida Medical Malpractice Lawyers
HCA Florida Kendall Hospital is a 447-bed teaching hospital in Miami. Its owner, Hospital Corporation of America, is one of the world’s largest for-profit health care corporations. According to Becker’s Hospital Review, HCA hospitals have a long history of cutting costs at the expense of patient care.
If you or your loved one suffered harm at HCA Florida Kendall, you may have grounds to sue HCA Kendall Hospital for medical malpractice. Our Florida medical malpractice lawyers have won over $2.6 billion in compensation. Call us today at (954) 467-6400 to schedule a free case review.
Patient Safety at HCA Kendall Hospital
HCA has paid billions of dollars in civil and criminal penalties for bad practices and hundreds of millions more in medical malpractice settlements for harm to patients at its hospitals. Although HCA Florida Kendall boasts about having received numerous awards, this is not a reliable metric of patient safety.
Understaffing is one of the most important predictors of medical malpractice, and many have alleged that it is a system-wide problem at HCA hospitals. HCA Florida Kendall is no exception. An intensive care unit nurse at HCA Florida Kendall told NBC News that due to a lack of transport staff, he often has to step away from the ICU to perform patient transport duties, leaving the unit understaffed.
Healthgrades gives HCA Kendall a patient experience rating of 53 percent, 11 percent below the national average. The facility also received a woeful overall rating of just two stars on Medicare.gov and a two-star patient survey rating.
Filing a Medical Malpractice Lawsuit Against HCA Florida Kendall Hospital
We have the experience, resources, and fortitude to take on big corporations like HCA on your behalf and recover the compensation you deserve. Suing HCA Kendall Hospital requires in-depth knowledge of both the law and the medicine involved. It also takes significant financial resources to go up against a large health care corporation like HCA, which has virtually unlimited finances to hire top legal representation.
You will need a highly skilled legal team on your side to defeat their tactics, build the strongest case possible, and ensure you meet all the legal requirements.
Who Can Sue HCA Kendall Hospital for Medical Malpractice?
Florida law limits who can file a medical malpractice claim. The injured patient has the primary right to sue. However, you may be able to sue on behalf of the following:
- Your child who is under 18
- A spouse, parent, or child who is legally incompetent
If the injury has resulted in death, the estate’s personal representative or family member may be eligible to file a wrongful death lawsuit for the losses suffered by the family and a survival action for the losses suffered by the deceased. In a wrongful death claim, the spouse, minor children, and parents of minor children may recover damages for their financial and emotional losses. If there is no surviving spouse, the adult children or parents of children over age 25 can also sue. However, they cannot recover compensation for their emotional losses stemming from the death.
The Burden of Proof
You will need evidence to prove all of the following in a Kendall Regional Medical Center lawsuit:
- HCA Kendall Hospital owed you a duty of care.
- Hospital staff breached their duty to provide a reasonable standard of care.
- You suffered an injury because of that breach of duty.
- The breach of duty is the actual and proximate cause of your injuries.
To meet this burden, our Florida hospital malpractice attorneys will gather your medical records, interview hospital staff who witnessed the malpractice, and consult medical experts. Your testimony may also be required. If so, we will prepare you beforehand.
Legal Procedures for Medical Malpractice Claims in Florida
Before filing suit against HCA Kendall for medical malpractice, your attorney must complete a pre-suit investigation and provide a written opinion from a qualified medical expert. You must also send HCA Kendall a pre-suit notice by certified mail, another shipping method with a tracking number, or an in-person process server. Our well-versed medical malpractice lawyers can meet all of these requirements on your behalf so you can focus on recovering.
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Case Study: FHVG Recovers $17 Million+ Over a Catastrophic Brain Hemorrhage During a Routine C-Section
Our client was a healthy 42-year-old wife and mother of three. She arrived at Kendall Regional Medical Center for a planned repeat cesarean section and tubal ligation. The health care providers at the hospital failed to recognize, diagnose, and timely treat the obvious symptoms of high blood pressure, including headache and right eye vision loss. Those symptoms indicated a time-sensitive neurological emergency.
Because of their negligence, she suffered a catastrophic brain hemorrhage. Our client will spend the rest of her life in a minimally conscious state and require full-time attendant care. Our firm collected over $17 million on the family’s behalf, including an arbitration award of $15.3 million against Kendall Regional Medical Center.
Hospitals should abide by policies and procedures intended to ensure patient safety in neurological emergencies like this one. Effective communication between health care providers is crucial. However, in this instance, the providers ignored the symptoms of high blood pressure and vision loss and did not communicate them to the appropriate medical professionals, resulting in an avoidable catastrophic injury.
History of Medical Malpractice Claims Against HCA Kendall
According to the Florida Office of Insurance Regulation, there have been 23 payments to malpractice victims at Kendall Regional Hospital who suffered permanent major or grave injuries defined as paraplegia, quadriplegia, blindness, loss of two limbs, brain damage, severe brain damage, lifelong care, or death.
The lawyers at FHVG have handled hundreds of cases against numerous HCA hospitals, including Kendall Regional Medical Center. We are familiar with the electronic medical record (EMR) that they use and have uncovered discrepancies in their medical records. We have also handled many birth trauma cases against HCA hospitals throughout the state of Florida.
HCA Kendall in the News for Medical Malpractice & Negligence Claims
Anesthesiologist Fined for Patient Death at HCA Kendall
The Florida Department of Health fined anesthesiologist Dr. Caleb Stalls $10,000 for failing to restore the airway of a 72-year-old patient after a bronchoscopy, causing the patient’s death. The Department of Health determined the anesthesiologist failed to respond appropriately to episodes of apnea after the procedure, which led to fatal cardiac arrest.
In addition to the fines, Stalls must pay $5,853 to cover the investigation’s cost and attend three five-hour medical courses. The anesthesiologist’s medical malpractice insurance carrier paid $1 million to settle the medical malpractice claim with the patient’s family.
Patient’s Father Sues HCA Kendall for Privacy Violations
An emergency room staffer inappropriately photographed an 18-year-old boy injured in a catastrophic motorcycle accident and sent the photo to other employees. One of the employees posted it on Instagram and tagged the hospital in the post. The employee had 3,000 Instagram followers.
According to the lawsuit, the hospital waited until the day the father withdrew life support from his son—23 days after administrative staff knew about the illicit photo—to inform the father about it. The hospital has refused to settle the case despite admitting to violating the son’s privacy. The lawsuit is pending.
File Your HCA Kendall Hospital Lawsuit Before It’s Too Late
Florida’s medical malpractice statute of limitations generally requires you to file a medical malpractice suit against HCA Regional Medical Center within two years of the incident date or the discovery of the injury. However, the law includes a hard deadline of four years from the date of the incident, regardless of when you discover the injury.
If you wait too long to file your claim, you could lose your right to recover compensation for your injuries. Protect your claim by contacting our knowledgeable Miami medical malpractice lawyers today.
Contact Our Florida Medical Malpractice Lawyers
We are dedicated to fighting major insurance companies and large health care corporations like HCA to get fair and just compensation for our clients. Our attorneys are passionate, aggressive, and ready to employ all resources available to ensure you receive the maximum recovery in an ethical way. You will receive personalized attention and a team dedicated to ensuring accessible communication.
With more than $2.6 billion in compensation recovered, you can count on us to get you the results you deserve. We charge nothing upfront, and you only pay if we win. Get started on your case today with a free consultation.
