Ocala Surgeon Settled Case After Leaving Metal Clamp Inside Patient’s Abdomen
Ocala surgeon, Dr. Kevin M. Hoddinott, is facing sanctions from the Florida State Board of Medicine after he left metal clamp inside a patient’s abdomen during surgery in 2016. Earlier in July, Hoddinott and the state board agreed to settle the case against him. Included in the settlement is a letter of concern placed against Hoddinott’s license as well as a $2,500 fine. Hoddinott will also have to reimburse the state $1,661.10 for court costs and will have to attend several hours of board disciplinary hearings.
Hoddinott has neither admitted to or denied the allegations against him. The case stems from a hernia operation in 2016 where Hoddinott allegedly left a hemostat clamp inside of the patient. An x-ray revealed the clamp in October 2016. The patient underwent another surgery to have the instrument removed. Hoddinott has over 30 years of experience and never had any complaints or disciplinary actions against him until now.
What Constitutes a Medical Malpractice Claim
There are a variety of ways that medical malpractice can happen. It is also important to keep in mind that just because a doctor or other healthcare professional makes a mistake doesn’t necessarily mean they are liable for malpractice. Certain legal standards must be met to establish that there was a breach of standard care. Types of medical malpractice may include, but are not limited to the following:
- Delay of diagnosis or misdiagnosis
- Pregnancy and childbirth injuries
- Medication errors
- Anesthesia errors
- Surgical errors
Elements of a Medical Malpractice Claim
When a patient has been injured due to the negligence of a doctor or other medical professional, they may be entitled to compensation for their injuries or damages. However, filing a medical malpractice lawsuit is very complicated and best results are achieved when a patient has representation from an experienced medical malpractice attorney.
To prove a medical malpractice claim, the following elements must be present:
- Breach in Standard of Care – There must be proof that the doctor or other medical professional breached the standard of care that they owe you or your loved one. To establish the breach of care, a medical expert must make a sworn statement agreeing that a breach occurred.
- Proximate Causation – In addition, you must also prove causation. This means that you will have to prove that your doctor or health professional’s breach was the cause of your injury.
- Damages – There must have been significant harm to you or a loved one to make the claim for malpractice viable. This means that your injuries must have caused you to miss work, resulted in significant medical expenses, and caused extensive pain and suffering.
The Clock is Ticking. Contact a Medical Malpractice Today.
If you or your loved one has been the victim of medical malpractice, there is a time limit, or statute of limitations for how long you may file a lawsuit. The statute of limitations is two years in most cases, so speaking to an attorney as soon as possible is imperative.
The attorneys at the Leifer Law Firm have years of experience representing patients who have been injured in medical malpractice claims. Contact us today to schedule a consultation at one of our convenient Florida locations. Let us handle your claim so you can focus on your health and recovery.