Medical Malpractice

Depositions in Boynton Beach Wrongful Death Lawsuit Involving 81-Year-Old Woman Who Bled Out After Botched 911 Calls Are Underway

August 19, 2011 | by David J. Halberg, Esq.

Last year, our Palm Beach County personal injury lawyers blogged on the Boynton Beach wrongful death case of widower Sidell Reiner, who lost his wife Seymour Reiner. The 81-year-old woman died in 2009 after bleeding to death while making Thanksgiving dinner. Now, in Palm Beach County Circuit Court, depositions in the case are taking place.

Seymour bled to death after dropping a wine glass on her foot and cutting herself on November 26, 2009. She called 911 several times, but, unfortunately, Comcast couldn’t locate her residence. It was almost 17 minutes before rescuers arrived at her her home, but because she couldn’t answer the door and no one could see her, they left the premise. By the time Sidell arrived home, his wife was dead from a severed artery in her foot.

Sidell has sued Comcast, the city of Boynton Beach, Deltacom (contracted for operator services), and the Palm Beach County Fire-Rescue. He believes that his wife might have survived if only the defendants hadn’t been negligent. They are all claiming that they did nothing wrong.

Florida Supreme Court Says Family Can Sue Hospital for Girl’s Brain Damage Injuries

August 2, 2011 | by David J. Halberg, Esq.

According to the state’s highest court, the parents of Trista Bennett can sue St. Vincent’s Medical Center for Florida medical malpractice instead of going through a state fund for birthing injuries. The girl, now 10, sustained permanent brain damage after her delivery.

Bennett was delivered by C-section at the hospital after her mother was involved in a car accident. The infant had to be resuscitated after her birth. She later developed respiratory distress and was moved from the newborn nursery to the special care section. She then started to experience kidney problems and liver issues. On October 3, 2001, Bennett stopped breathing after suffering from a pulmonary hemorrhage.

In their Florida medical malpractice complaint, Tammy and Robert Bennett are accusing obstetrician-gynecologist Dr. William H. Long and the hospital of negligence. They believe their daughter was given too much intravenous fluid and that the hospital waited until it was too late to test her for serum electrolyte derangements.

The hospital had contended that the Florida medical malpractice case fell under the state’s Birth-Related Neurological Injury Compensation Plan, which is a non-fault program that is supposed to cover the birth-related neurological injuries of newborns who did not get enough oxygen during labor, delivery, and resuscitation. The Bennetts, however, claimed that their daughter’s brain injury occurred after the “post-delivery period,” and they therefore can sue.

An administrative law judge sided with the Bennetts. The Florida First District Court of Appeal then reversed the ruling. Now, the Florida Supreme Court of Florida has overturned the appellate court’s ruling.

Brain-damaged girl’s parents can sue hospital and doctor, Florida court rules, American Medical News, August 1, 2011

Read the Florida Supreme Court’s Decision (PDF)

More Blog Posts:
Florida Woman that Delivered Baby into Toilet Sues Carrollwood Hospital for Medical Malpractice, South Florida Injury Lawyer Blog, October 7, 2008
West Palm Beach Parents that Gave Birth to Stillborn Twins Say They Will Sue Florida Hospital For Medical Malpractice, South Florida Injury Lawyer Blog, September 29, 2008
Palm Beach County Doctors Cite Fear of Medical Malpractice as a Reason for the Increase in C-Section Deliveries, South Florida Injury Lawyer Blog, September 15, 2008 Continue reading

$4.7M Broward County Anesthesia Malpractice Verdict Awarded to Woman Injured in Botched Surgery

July 8, 2011 | by David J. Halberg, Esq.

A jury has ruled in favor of Susan Kalitan and awarded her a $4.7 million verdict for Broward County medical malpractice. The woman sustained personal injuries during a botched medical procedure that resulted in anesthesia complications in 2007.

Doctors were supposed to treat her carpal tunnel. Instead, she contends, medical instruments used on her during general anesthesia created a hole in her esophagus, which caused all the food she swallowed to end up in her chest cavity. Also, there was a student nurse on the anesthesia team for her surgery.

Just one day after being discharged from Broward General Medical Hospital, Kalitan was rushed to West Side Regional and had to undergo emergency surgery. Following that, she stayed in ICU for weeks, was unable swallow for months, and needed a feeding tube. She still has problems swallowing and feels numbness and pain on one side of her body.

Florida Anesthesia Malpractice
Aesthesia injuries and other complications can result in devastating consequences for patients. Permanent injury, brain damage, and death are among the worst outcomes. Examples of other injuries that can result from South Florida anesthesia mistakes include:

• Positioning injuries
• Compression injuries
• Stretch injuries
• Throat injuries
• Collapsed left lung
• Pneumopericardium
• Laryngospasm
• Emesis
• Aspiration
• Nerve damage
• Systemic toxicity
• Infection
• Anesthesia awareness
• Hypertension
• Lip injury
• Teeth injury
• Heart attack
• Stroke
• Hematoma
• Swelling

Anesthesia-related injures can take place during surgery, before, after, or during the birth of a child. Anesthesia mistakes can also happen during dental procedures that require that the patient be sedated or unconscious.

Proving anesthesia-related negligence can be tough. Many hospitals will try to set up barriers to avoid liability, such as treating anesthesiologists as independent contractors that they are not responsible in the event of Florida medical malpractice, and evidence can be hard to come by unless you know exactly what to look for and where.

Hospital to Pay $4.7M For Botching Anesthesia, NBC Miami, June 17, 2011
Woman awarded $4.7 Million in malpractice, WSVN, June 18, 2011

Related Web Resources:
Strong Medical Malpractice Cases, Nolo
Damages in Medical Malpractice Cases, Nolo

More Blog Posts:
Florida Medical Malpractice Cap Upheld by US Appeals Court, South Florida Injury Lawyer Blog, May 29, 2011
Man to File Lauderhill Medical Malpractice Lawsuit in Wife’s Broward County Wrongful Death Following Butt Enhancement Surgery, South Florida Injury Lawyer Blog, April 29, 2011
Man Files Florida Medical Malpractice Lawsuit Filed Against Hospital Over Wife’s 2008 Wrongful Death, February 12, 2011 Continue reading

Florida Medical Malpractice Cap Upheld by US Appeals Court

May 29, 2011 | by David J. Halberg, Esq.

A law that caps noneconomic damages for Florida medical malpractice at about $500,000 per doctor has been upheld by the federal appeals court in Atlanta. The court rejected a family’s claim that the cap was in violation of federal and state laws.
Instead, the court found that the state law “passes muster” and dismissed the plaintiffs claims that the law deprives them of their right to obtain just compensation.

The plaintiffs are the family of Michelle McCall, who died in 2006 after giving birth to her son. Her loved ones claimed that not only did a nurse fail to notify a doctor that McCall’s blood pressure was incredibly low during a surgical procedure, but also the doctor never personally checked her vitals.

Following a bench trial, a judge in Florida said that McCall’s estate was entitled to $2 million in noneconomic damages. However, because of Florida’s medical malpractice cap, that amount had to be reduced to $1 million. (Although state lawmakers adopted new rules in 2003 that let victims get any award for economic damages, the cap limited the amount of noneconomic damages.)

Examples of Florida Medical Malpractice:

• Anesthesia errors
• Wrong diagnosis
• Delayed diagnosis
• Wrong site surgery
• Failure to obtain informed consent
• Failure to provide proper post-surgery care
• Failure to monitor a patient’s vitals
• Surgical errors
• Birthing malpractice
• Performing the incorrect procedure on a patient
• Accidentally leaving surgical tools in a patient
• Medication mix-ups

The federal appeals court is asking the Florida Supreme Court to tackle a number of yet unresolved issues, such as whether the state’s medical malpractice cap is in violation of the family’s right to a jury trial.

US appeals court upholds Fla. med. malpractice cap, Miami Herald/AP, May 27, 2011
Read the Opinion

Related Web Resources:
Medical Malpractice, New York Times
Empowered Patient, CNN

More Blog Posts:
Man to File Lauderhill Medical Malpractice Lawsuit in Wife’s Broward County Wrongful Death Following Butt Enhancement Surgery, South Florida Injury Lawyer, April 29, 2011
Man Files Florida Medical Malpractice Lawsuit Filed Against Hospital Over Wife’s 2008 Wrongful Death, South Florida Injury Lawyer, February 12, 2011 Continue reading

Man to File Lauderhill Medical Malpractice Lawsuit in Wife’s Broward County Wrongful Death Following Butt Enhancement Surgery

April 29, 2011 | by David J. Halberg, Esq.

Last year, our South Florida Injury Lawyer Blog reported on the death of a 35-year-old Miami woman who died after undergoing liposuction and butt enhancement surgery at Strax Rejuvenation and Aesthetics Institute. Now, the husband of Lidvian Zelaya says he plans to sue the cosmetic surgery chain for Broward County medical malpractice.

Zelaya died after the surgeon injected about two liters of fat, which he’d taken from her stomach, back, and sides, into her buttocks. According to the Miami injury lawyer of Osvaldo Vargas, that amount is too much fat to insert into a patient’s body when the procedure isn’t being done at a hospital. The attorney also contends that the surgeon, Dr. Roger Gordon, inserted the fat into Zelaya’s muscle, which is a riskier way to do the procedure than injecting it beneath the skin.

The legal representative for Strax has said that fat embolisms are a known liposuction risk and that the dangers were revealed to Zelaya prior to the procedure. Zelaya reportedly then signed a waiver. However, her family believes that the medical decisions that were made during the procedure placed her at greater risk for complications than necessary.

Man Files Florida Medical Malpractice Lawsuit Filed Against Hospital Over Wife’s 2008 Wrongful Death

February 12, 2011 | by David J. Halberg, Esq.

A little over 2 years after the death of Janet Ann Jones, her husband Daniel Jones is suing the University of Florida Board of Trustees and Winter Haven Hospital for medical malpractice and wrongful death. Daniel contends that his wife wasn’t given the proper medical care when she arrived at the hospital’s emergency room at 9:43pm on December 20, 2008. At the time, Janet’s blood pressure was low and she was throwing up blood.

Four hours after she was admitted, she went into cardiac arrest and was resuscitated both times. At around 4am, Janet was admitted to the ICU. Her blood pressure remained very low. At 7:45 am, she was taken off the ventilator. Janet died on December 28, 2008.

While her immediate cause of death is listed as massive gastrointestinal bleeding, Daniel’s Florida wrongful death complaint claims that medical negligence contributed to his causing wife’s passing. Alleged acts of medical negligence include the staff’s failure to attend to his wife immediately upon her arrival at the hospital, not ordering a full blood count and other related studies when treating her, failure to immediately consult with a gastroenterologist about her care, and failure to immediately give her an interavenous tube for blood and saline.

Jury Issues $23M Medical Malpractice Verdict Against University of Florida Over Surgery That Left Woman with Brain Damage

January 6, 2011 | by David J. Halberg, Esq.

More than five years after Lanette Gervato suffered brain damage after undergoing surgery to treat a non-bleeding brain aneurysm, a jury has awarded a $23 million Florida medical malpractice verdict to a woman for the permanent brain injuries that she sustained during the botched procedure that left her partially paralyzed, impaired her vision, and caused her to suffer other medical issues. The defendant of the case is the University of Florida.

Gervato was 35 when she sought medical attention at UF’s Shands Teaching Hospital for unexplained headaches. A neurosurgeon operated on her and inserted coils into the aneurysm. Unfortunately, according to her Miami medical malpractice attorneys, the medical team perforated an artery in her brain during the surgery. Gervato’s Florida brain injury lawsuit claims that even though nurse Rebecca Boone noticed that Gervato displayed symptoms consistent with a post-operative stroke, she kept Gervato on the drug Heparin, which is a blood thinner. Boone has settled the Florida nursing negligence case against her for $1 million.

Gervato’s Miami injury lawyers contend that the brain damage she suffers continues to cause her pain and affect her reasoning. She also has been hospitalized 10 times because of infections, her husband had to give up his job to take care of her, and her kids have had to move in with other relatives.

Miami Woman Dies After Undergoing Lauderhill Plastic Surgery

December 31, 2010 | by David J. Halberg, Esq.

Lidvian Zelaya, a 35-year-old Miami woman, died on Monday from what appears to be complications from plastic surgery. She was undergoing buttock enhancement and liposuction procedures at Strax Rejuvenation and Aesthetics Institute when she had to be rushed to Florida Medical Center. She died after going into cardiac arrest.

Now, Zelaya’s husband, Osvaldo Vargas, wants to know what happened. The Broward County Medical Examiner’s Office is conducting an autopsy.

Miami Plastic Surgery
In Florida, it is not uncommon for people to undergo plastic surgery to improve or preserve their looks. However, as with other types of surgical and medical procedures, complications and errors can arise during cosmetic surgery. This can result in serious injuries and even death, which may lead to a Miami medical malpractice case against a liable medical professional.

As the Miami Herald recounts, it was just last year that a 37-year-old Miramar mother of three became brain dead after a botched liposuction procedure. Rohie Kah-Orukotan underwent her plastic surgery procedure in Weston. Another woman, 42-year-old Olga Myer, died during a face-lift procedure in Hollywood, Florida in 2002. State regulators say a licensed anesthesiologist was not present during the procedure. The year before, Vera Lawrence died after too much silicone was injected into her buttocks at a Miramar, Florida party.

Other complications and injuries that may occur during plastic surgery:

• Disfigurement
• Allergic reaction
• Medication overdoses
• Anesthesia complications
• Blood clots
• Infection
• Heart attack
• Scarring
• Chemical burns
• Nipple loss
• Over-correction
• Assymmetry
• Breast implant issues
• Nerve damage
• Dry eyes

South Florida woman, 35, dies getting plastic surgery, Sun-Sentinel, December 30, 2010
Husband seeks answers in death of his wife, 35, Miami Herald, December 31, 2010

Related Web Resources:
Living With Plastic Surgery Mistakes, ABC News, July 29, 2009
Plastic Surgery Nightmares, Marie Claire
Strax Rejuvenation and Aesthetics
Continue reading

Widower Files Palm Beach County Wrongful Death Lawsuit Against Comcast Over Botched 911 Call

October 28, 2010 | by David J. Halberg, Esq.

The widower of an 81-year-old woman who bled to death while waiting for emergency workers to arrive at her home is suing Comcast for her Palm Beach County wrongful death. The woman, Sidell Reiner, died from injuries that she sustained while making Thanksgiving dinner for her family last year. Seymour Reiner, her husband, was not home at the time. He had left for the airport to pick up their grandkids.

According to his Palm Beach, Florida wrongful death complaint, Reiner was setting the table when a wine glass dropped on her foot. She began to bleed heavily and dialed 0 on her phone to get help. Unfortunately, the Comcast operator couldn’t figure out Reiner’s address.

Reiner is said to have called several times for help, but it was 17 minutes before Palm Beach County Fire Rescue arrived at the scene. By then, Sidell was unable to answer the door, and rescuers left the premise without looking through the windows. If they had done so, Seymour’s wrongful death lawyer says that they might have seen blood everywhere and realized that the elderly woman was in trouble.

South Miami Injury Injuries to a Minor Lawsuit Seeks Damages for Son’s Unauthorized Circumcision

September 24, 2010 | by David J. Halberg, Esq.

In Coral Cables Circuit Court, Vera Delgado is suing South Miami Hospital for Florida injuries to a minor after her son was circumcised against the family’s wishes. Delgado’s son, Mario Viera, is now several weeks old. In the family he was born to it is a tradition that males remain uncircumcised.

Delgado says that she told doctors several times that she did not want her son circumcised. However, eight days after Mario’s birth, the procedure was performed on him. Delgado was not present at the time.

In her South Miami negligence complaint, Delgado is claiming that her son was the victim of battery and negligence. Delgado says that the hospital never obtained her consent to perform the procedure. Delgado has also filed a criminal battery report with South Miami police.