Articles Posted in Medical Malpractice

We often go to the pharmacy, hand over the medication prescription given to us by our physician and assume that we will be given the proper medication. Not once do we take into consideration that the pharmacist will make a medication error.
There are a several types of medication errors that can occur that we should dedicate more time reviewing before assuming that the vial of medication you were handed is the proper medication you should take.
Perhaps a simple yet safe way of cross-checking is by taking a picture of your medication prescription before handing it over to the pharmacist. That way, when you pick up your medication you can compare the information on the vial with that of the written prescription that was provided by your doctor. If there are any concerns or questions, you can ask the pharmacist right then and there prior to leaving home with that medication.
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Recently, an investigative report from the national media blew the whistle on a West Palm Beach, Florida hospital that allowed underqualified and understaffed medical providers to perform heart surgeries on children and babies. The overall mortality rates of these children and babies was three times the national average which placed a spotlight on the deficiencies at the hospital. The revelations surrounding the St. Mary’s pediatric heart surgery department are both horrifying and disturbing. How is it possible that a hospital, presumed to be dedicated to the well-being and safety of its patients, be so ill-equipped for such a complex area of medicine? To make matters worse, those harmed by the failure of St. Mary’s to adhere to necessary standards are the most innocent and needy in our society.
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Because cosmetic surgery procedures are almost always elective surgery on the part of the patient, these types of cases are more difficult to litigate in front of a jury panel. Why? Because many jurors opine that in many cases, cosmetic surgery procedures are elective procedures to improve one’s appearance and not medically necessary or life- saving procedures. As such, when something goes wrong during these types of procedures, jurors scrutinize the case a little more, because many feel the patient put themselves into the situation by electing to have the procedure done when it may not have been medically necessary.

Nonetheless, cosmetic surgery whether elective or not, shall still be taken seriously and when medical care during these procedures go wrong there can be serious life threatening results.
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On July 1, 2015, the Fourth District Court of Appeals issued a major decision affecting medical malpractice injury cases.

In the case of North Broward Hospital District v. Kalitan, the court held that the arbitrary caps on damages in Florida Statute 766.118 to be unconstitutional in medical malpractice injury cases.

This decision was based in part on the Florida Supreme Court decision in McCall, et al v. United States of America which held that the caps were unconstitutional as applied to medical malpractice wrongful death cases.

The court further held that its decision was not limited to future cases but was also applicable to existing cases.
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According to the New York Times article, “Doctors at Hospital Chain Giant Performed Unnecessary Cardiac Work, Increasing Profits”, from 2002 – 2010 cardiologists at several HCA-owned hospitals in Florida were unable to justify many of the procedures they were performing. Many of the allegations related to unnecessary cardiac catheterization procedures. The subject hospitals include, but are not limited to, Cedar Medical Center in Miami, Lawnwood Regional Medical Center & Heart Institute, and Regional Medical Center in Bayonet Point.

Specifically, at Lawnwood Regional Medical Center & Heart Institute, half of the cardiac catheterization procedures were determined to have been done on patients without significant heart disease. Currently the United States Attorney’s Office in Miami has requested information concerning the medical necessity of interventional cardiology services at 10 of HCA-owned hospitals.

It has been alleged that the aforementioned procedures were motivated by financial considerations. However, HCA denies said allegations and remains steadfast on its focus of quality patient care. Currently, it is not known how many procedures were performed, how many patients have died, or been injured as a result of the aforesaid unnecessary medical treatment. Nonetheless, it is apparent that the problems are widespread and reach beyond just one physician.

Ultimately, patients may suffer irreversible damage as a result of unnecessary cardiac catheterization procedures, and the longer patients wait to seek legal or medical aid, the more permanent and damaging the effects can become. If you have been the recipient of a cardiac catheterization procedure at a HCA-owned hospital in Florida during the last 10 years, and are suffering and/or experiencing any adverse health conditions, please feel free to call our Florida Cardiac Catheterization lawyers at Halberg & Fogg PLLC. for a free consultation.
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