Fort Lauderdale Injury Lawyer Blawg

Just last week, a woman in Pennsylvania was awarded $500,000 in her medical malpractice lawsuit. The woman sued Lower Bucks Hospital, Dr. Richard Turner, and nurses Megan Blatcher and Laura Tedesco, for an incident stemming from 2004. The lawsuit claimed that the aforementioned medical professionals acted negligently by leaving a laparotomy sponge inside of the woman, after her cesarean section had been completed. As a Weston Medical Malpractice Lawyer, I understand these types of cases and how painful they can be for the victim. This poor woman experienced a variety of afflictions before doctors figured out what the problem was.

According to the complaint, the sponge was not discovered until two months after the cesarean section. The woman claimed to suffer from abdominal pains, a severe infection, bowel perforation, bowel obstruction and digestive problems. From the perspective of a Weston Injury Attorney, that is already a serious amount of trauma, however, the problems listed above were not the totality of her issues. She also had to undergo surgery to remove sixteen inches of her small bowel.

Moreover, the lawsuit alleged that the nurses failed to do a proper count of the medical equipment both during and after the surgery. As a result, the jury found the nurses and the hospital liable, but not the doctor. As a Weston Medical Malpractice Attorney, this isn't the first time I've heard about cases like this one, but that doesn't discount the severity of this type of negligence. In the most extreme cases, leaving a surgical instrument inside of a patient can have potentially fatal consequences. Fortunately, that wasn't the case with this incident, although the woman did suffer an unreasonable and unfair amount of pain.

The Schulman Law Group is a personal injury law firm located in Weston, FL that is committed to representing personal injury victims, including victims of Weston, FL medical malpractice. Please visit our website at www.schulaw.com. For a free consultation, please call us at (877) LAW-0444 or email us.

Last week, a medical malpractice attorney won a $10 million award for a 60-year-old man because of an alleged misdiagnosis. Dr. Leo McCluskey was found negligent in diagnosing Eric Davenport with ALS, which is also commonly referred to as Lou Gehrig's disease. According to the lawsuit, Dr. McCluskey didn't perform tests and consult with radiologists before diagnosing his patient. Dr. McCluskey informed the patient that he had 18 months to three years to live, based on that incorrect diagnosis of ALS. From a Plantation Medical Malpractice Lawyer's perspective, this is horrifying to read, as I'm sure it is for everyone else.

As a result of the misdiagnosis, Mr. Davenport will be in a wheelchair for the remainder of his life, suffering from permanent leg paralysis. It wasn't until three years later than Mr. Davenport was properly diagnosed with spinal cord compression, at which point he had already made funeral arrangements. From a Plantation Medical Malpractice Lawyer's point of view, Mr. Davenport's emotional distress is best exemplified by the fact that he was already planning his own funeral.

Mr. Davenport's medical malpractice lawyer argued that if his client had been properly diagnosed by Dr. McCluskey, that the condition would have been treatable with surgery. Thus, had he been properly diagnosed, Mr. Davenport would have been able to avoid, among other things, the resulting emotional distress and paralysis. As a Plantation Personal Injury Attorney, it is not difficult to see the connection between the misdiagnosis and the lifelong ailments that resulted.

The misdiagnosis was in effect a breach of the standard of care that is expected of a medical professional. Further, because of the misdiagnosis, Mr. Davenport's actual condition was not treated, causing him to suffer from permanent leg paralysis. His damages were quite extensive, as evidenced by the jury's decision to award him $10 million.

As a Plantation Medical Malpractice Attorney, I sympathize with Mr. Davenport's pain and suffering. It is very regrettable that he was misdiagnosed and that he now must live the rest of his life in a wheelchair. However, it is somewhat reassuring to see that justice prevailed and that the jury recognized his ailments.

Recently, the family of Laboyish Catlin received a $3 million award in the wrongful death lawsuit that the family filed on behalf on Mr. Catlin. As a Medical Malpractice Attorney in Weston, the story of this case is very difficult to stomach and I greatly sympathize with the family. The man bled to death several days after his ulcer surgery and according to the allegations, Mr. Catlin bled to death because of the medical staff's negligent care. The medical malpractice lawsuit further alleges that even though Mr. Catlin received several blood transfusions after the surgery, that the doctors could not stop the bleeding. At the crux of the lawsuit, the family's personal injury lawyer claimed that the medical team failed to provide sufficient and proper follow-up care.

In these types of cases, the plaintiff's attorney needs to prove that the doctors and nurses were negligent with regards to their care of the patient. As a Weston Medical Malpractice Lawyer, I would have advised the family about expectations of care. Hypothetically speaking, I would have explained that one of the keys to winning this case is whether the medical provider fell below the prevailing standard of care in this or a like medical community. Based on the result of the case, it is fairly obvious that the family's personal injury lawyer successfully proved these elements to be true.

What makes this case more tragic is the wrongful death of Mr. Catlin. In the simplest terms, he was a patient who expected that his doctors and nurses would perform their jobs to the utmost of their abilities. However, as a result of their alleged negligence and their alleged failure to provide proper follow-up care, he suffered and ultimately died. The family's wrongful death attorney likely argued points similar to what I've mentioned and applied them to the specific facts of this case.

As a Weston Medical Malpractice Lawyer, and as someone who has fought for victims' families in many wrongful death lawsuits, I understand the severity of the situation, which is why I want wish Mr. Catlin's family peace and happiness going forward.

The family of Kiarra Smith was awarded $19.2 million by a Florida jury after she was allegedly overdosed on nutrients a few days after her birth. As a result of the incident, the little girl now suffers from cerebral palsy and is also blind. According to the lawsuit, there was a prescription mistake and the hospital gave her a dose 100 times more powerful than the prescription that the doctor had issued. The Florida medical malpractice lawsuit alleges that the mistake with the medication caused Kiarra to go into cardiac arrest and suffer other severe injuries.

The damages that this poor child suffered are simply atrocious and heart-breaking. As a Medical Malpractice Attorney in Weston, I've mentioned before that there is nothing more devastating than when a child suffers serious injuries. Throughout my career as a Weston Injury Lawyer, I have represented many victims, but I can promise you that it never gets any easier to deal with catastrophic injuries.

If all of the facts are correct, then the negligence that the Lee Memorial Health System exhibited is a significant cause of action for this medical malpractice lawsuit. If the allegations are true, then the hospital seriously breached its duty of care, causing the damages and prompting the lawsuit. We trust our doctors and medical professionals everyday, but when they breach that trust, the damage can be catastrophic as evidenced by this case. As a Weston Medical Malpractice Attorney, I can certainly attest that the injuries suffered in these cases can be horrific, and the number one priority is seeking justice for those affected.

The Fort Lauderdale Injury Lawyer quite often fields inquiries from individuals who have fallen while receiving alleged care or treatment from a healthcare facility and have been injured, as a result thereof. Part of the analysis of whether the healthcare provider is liable not only involves and analysis of causation, and proximate cause, but also whether the potential lawsuit must be brought under Florida's strict Medical Malpractice Statues, or is the fall a result of simple negligence.

Recently Florida's Fourth District Court of Appeals held that a negligence claim arising from patient's fall off stretcher at hospital is subject to medical malpractice pre-suit requirements. The case was styled, Indian River Memorial Hospital vs. Browne, cited at 44 So. 3d 237 (Fla. 4th DCA 9/29/2010).

The facts revealed that an emergency room patient fell of a stretcher and injured his head, leading to his death. The patient's estate filed a negligence claim against the hospital, alleging that the hospital violated a duty to exercise reasonable care to prevent a fall given its knowledge of the patient's disoriented state. The hospital moved to dismiss the negligence claim for failure to comply with the medical malpractice pre-suit requirements contained in Chapter 766, Florida Statutes. The trial court denied the motion to dismiss, but the Fourth District reversed on appeal.

The Fourth DCA explained that the Chapter 766 presuit requirements apply to medical malpractice claims, which are those claims "arising out of the rendering of, or the failure to render, medical care or services." The Court stated that definition applied here, since the standard of care for the hospital's treatment of the patient was based in part on the hospital's staff's evaluation of his medical condition, and in part on the prevailing professional standard for supervising emergency room patients.

Continue reading "Patient Falls While In Hospital or Under Doctors' Care in Florida!" »

Prior to the hearing on the motion to dismiss the plaintiff's filed a second affidavit clarifying the expert's qualifications. At the motion to Dismiss hearing the trial court found the affidavits were insufficient. The Plaintiffs then filed a third clarifying affidavit. The hospital renewed its Motion to Dismiss and also alleged that the later affidavits were filed outside of the statute of limitations. The trial court, without addressing that argument, denied the motion to dismiss.

An injured plaintiff who looks to bring a medical malpractice suit must first conduct an investigation that provides reasonable grounds to believe that the health care professionals were negligent and that the negligence resulted in injury. See FS §766.203(2). After such investigation the plaintiff must serve each defendant with a notice of intent to initiate litigation. See FS §766.106(2)(a). This notice must be corroborated with a "Verified Written Medical Expert Opinion from a Medical Expert as defined in §766.202(6)." See FS §766.203(2).

A medical expert is a person regularly engaged in the practice of her or his profession and who otherwise meets the requirements of F.S. §766.102. The expert must have devoted professional time during the three years immediately proceeding the date of the occurrence to the active clinical practice of or consulting with respect to the same or similar health profession as the healthcare provider against whom or on whose behalf the testimony is offered. See F.S. §766.102(5)(c). The purpose of these requirements is to screen for frivolous lawsuits and give a defendant notice of a potential claim and promote pre-suit settlement. They are not intended to be a "Daedalean Labyrinth" that denies a plaintiff access to the courts.

Continue reading "Presuit Notice for a Malpratice Lawsuit in Pembroke Pines Florida - Part II" »

Recently, a case was decided by Florida's 5th District Court of Appeals concerning the necessity for a corroborating expert medical opinion as a pre-suit requirement for a medical malpractice claim against a hospital; which challenged an Order denying its Motion to Dismiss the medical malpractice claim due to an alleged failure to comply with the pre-suit requirements of Chapter 766 of Florida Statutes. The Court denied the hospital's Petition and held that the particular affidavits submitted by the plaintiff fulfilled the pre-suit requirements.

The facts were as follows: the Plaintiff was admitted to the hospital after complaining of abdominal pain. The physician prescribed narcotics but the nurses allegedly neglected to properly monitor him for possible known side effects and allegedly failed to document his vital signs throughout the night. Early in the morning the nurses found the plaintiff unresponsive and suffering from respiratory distress. The Plaintiff allegedly stopped breathing for 13 minutes and suffered brain damage.

When the Plaintiff's presented the hospital with its Notice of Intent to Initiate Medical Malpractice Litigation in accordance with Florida Statute Chapter 766 they attached an affidavit and the Curriculum Vitae from a registered nurse. The Affidavit did not specifically indicate that the alleged expert had any experience as a hospital nurse within the three (3) year's prior to the Plaintiff's incident, as is required by the statute. The affidavit however, did indicate the experts understanding of the facts and her opinion that the hospital and its staff were negligent and breached the applicable standard of care which caused severe harm to the plaintiff. The hospital challenged the qualifications of the plaintiff's expert to render and expert opinion and that it was clear the expert had not devoted any time to clinical practice for a significant length of time nor did she have appropriate training or experience to opine about the medical causation of the Plaintiff's injuries for pre-suit purposes.

Continue reading "Fort Lauderdale Medical Malpractice Pre-Suit Requirements - Part I" »

A former patient of a professional football team doctor was awarded $2.2 million in damages last week by an arbitration panel. The panel found the doctor unanimously negligent when he performed hip surgery on Kathleen Adams in May 2007. The plaintiff alleged that Dr. Chao "lacerated her femoral artery, vein and nerve, resulting in chronic pain and a limp."

Like many of the clients that the Fort Lauderdale Medical Malpractice Lawyers have help, Adams "has constant radiating pain in her foot and ankle, walks with a limp and has to take four types of medication daily just to make the pain tolerable. The pain will be there the rest of her life."

It is incredibly unfortunate that innocent people suffer lifelong pain and damages because of a doctor's negligence and malpractice. However, our judicial system provides a remedy of seeking damages as a method of helping those who have been wronged by a doctor or any other medical professional.

Medical malpractice is negligence on the behalf of a medical professional and the failure of a medical professional to provide adequate care, resulting in personal injury suffered by the patient. Even if you signed a consent form, that does not release the medical professional from his or her obligation to meet the required standard of care that society expects from him or her.

Continue reading "Medical Malpractice, Fort Lauderdale - Hip Surgery Negligence" »