When it comes to the prevalence of medical errors, those involving missed diagnosis, misdiagnosis and delayed diagnosis are the most common. Information gleaned from the National Practitioner Data Bank (an electronic collection of all medical malpractice settlement payments made since 1986), diagnostic errors are the most common source of payments…
An 80-year-old South Florida man was awarded $13 million after a botched cataract surgery that a jury concluded was the result of medical malpractice. NBC-6 Miami reports jurors concluded the medical center where the surgery was conducted was liable in a case involving the negligence of an opthalmologist with whom…
Injuries that occur in hospitals are mostly matters of medical malpractice, meaning they stem from substandard care provided by medical professionals. However, some hospital injuries are the result of general negligence (often due to unsafe conditions on the premises). Although hospitals are providers of care, they are also owners of…
Attorneys for the estate of a South Florida woman who died during surgery have filed a notice of appeal to the Florida Supreme Court after a divided appellate court decision favored a defendant anesthesiologist. The 3rd District Court of Appeal last month in a 2-1 ruling upheld a directed verdict…
One of the reasons Florida medical malpractice cases are so complex – and costly – is because they require at least one (and usually more) expert witness. F.S. 766.102(1) places the burden of proof in these cases on the plaintiff (person injured) to show the health care provider breached the…
Halberg & Fogg PLLC, recently secured a $2.3 million medical malpractice settlement with Golisano Children’s Hospital, stemming from a brain injury and arm amputation of a newborn in 2013. Halberg fought on behalf of the boy, who was born prematurely at his Lee County home before being whisked to the…
The South Florida medical malpractice law firm of Halberg & Fogg PLLC handles cases involving injuries from PICC lines (Peripherally Inserted Central Catheter). These devices along with IV catheters and ports can be helpful if properly handled and inserted. Unfortunately, if these devices are improperly inserted or handled there can…
According to the American Cancer Society in order to receive immediate and proper medical treatment, timing is vital in a patient who has been diagnosed with breast cancer. The earlier the cancer is detected the sooner the appropriate treatment can be started which betters the survival rate and opportunity for…
The Food and Drug Administration (FDA) has issued a serious warning regarding the use of a medical device during laparoscopic (minimally invasive) surgeries. On November 24, 2014 the FDA updated a pervious warning that it had issued on April 2014. The device is called a power morcellator which is used…
If a doctor misdiagnoses a patient it’s a slippery slope of subsequent errors. Based on a doctor’s misdiagnosis the patient will not receive the proper care and treatment needed for their current condition. In many cases, a misdiagnosis can lead to prescriptions of medications that the patient does not actually…