When someone dies as the result of medical malpractice in Florida, state law unfortunately limits the types of damages that can be recovered – and by whom. Florida injury lawyers have long railed the restrictions on who may proceed with a medical malpractice claim in the event the patient dies…
Articles Posted in Medical Malpractice
Informed Consent in Florida Medical Malpractice Cases
When a patient goes to see their primary care physician, a specialist, or goes into the emergency room for immediate care, they are relying upon the expertise of their respective medical providers to diagnose what is wrong with them, if the cause of the illness or other medical condition is…
$10M Medical Malpractice Award Reversed, New Trial Ordered
A hospital system in Alabama was granted a new trial following a jury verdict for $10 million in favor of a man who sued for medical malpractice over his infant son’s treatment. The primary cause for reversal, the Alabama Supreme Court ruled, was the trial court’s decision to allow prior…
Misplaced Catheter Blamed in Medical Malpractice Lawsuit
A U.S. veteran died from blood poisoning, due to what his family alleges was medical negligence in the form of a misplaced catheter. According to MensHealth.com, the medical malpractice lawsuit filed by his survivors indicates the patient suffered from both a traumatic brain injury and multiple sclerosis when he sought…
Did “Alarm Fatigue” Play a Role in Your South Florida Medical Malpractice Injury?
Walk into almost any hospital emergency room or intensive care unit – and what do you hear? There is the almost constant whoosh-and-honk of the ventilator. There might be an infusion pump, beeping in a high-pitch tone every six seconds or so. Blood pressure monitors will let out one single…
Florida Appeals Court Reverses $4M Medical Malpractice Damage Award
Finding that an arbitration panel handling a medical malpractice lawsuit erred in the way it awarded loss of companionship and guidance damages to a husband and child in the death of a brand new mother, a Florida appeals court reversed a $4 million award of compensation. The ruling is disappointing,…
Florida Supreme Court Draws a Line on Medical Malpractice v. Negligence
Not every injury that occurs at the hands of a medical professional or inside a medical institution is considered medical malpractice. The Florida Supreme Court once again made this distinction in a recent case when asked to consider whether the trial court made the right decision in tossing a negligence…
Florida Supreme Court Sides With Plaintiff in Med-Mal Lawsuit
The Florida Supreme Court recently sided plaintiffs in a dispute regarding witness testimony in a medical malpractice lawsuit involving a young child forced to undergo a kidney transplant due to alleged failure to diagnose a chronic illness by her primary care doctor. In the case of Gutierrez v. Vargas, plaintiff…
Plaintiff in Missed Diagnosis Wins Access to Peer Review Records
The ongoing scourge of medical malpractice in Florida is reason the state legislature and health care professionals established the Peer Review process, as outlined in F.S. 395.0193. It’s a means of identifying potential problem areas for individual physicians by having colleagues review their work, with the stated goal being improvement…
Surgical Sponges Left Inside a Patient is “Never Event” That Happens Too Often
“Never events,” according to the National Quality Forum, are those mistakes that occur during medical care that are: Clearly identifiable; Easily preventable; Serious in their consequences for patients; Indicate major problems in the safety and credibility of a health care center. They include things likes mismatched blood transfusions, major medication…