Medical Malpractice

Florida Doctor Who Lost License Over Malpractice Case Now Practices in NY

December 7, 2009 | by David J. Halberg, Esq.

A Florida doctor lost his medical license in Tampa earlier this year after the Florida Medical Board deemed his actions unprofessional. The physician allegedly arrived late to his clinic in Hialeah, Florida, and his patient delivered a baby rather than getting the abortion she’d planned. According to the complaint, one of the doctor’s staff members put the newborn in the trash and the doctor “prepared a false medical record” to cover up the delivery.

The board held him responsible for the incident and upheld allegations that he committed medical malpractice, falsified records, and delegated inappropriate tasks to unlicensed personnel. They chose the strongest possible and permanently revoked his Florida medical license.

However, a local TV station discovered that the doctor has moved to New York state and is now practicing medicine at a clinic in the Bronx. His case was reviewed by a board in New York that decided to allow him to continue treating patients under the supervision of another doctor. He will be on probation for the next two years.

Source: Doc heads to NY after FL license revoked, MyTampaBay.com, November 16, 2009 Continue reading

Miami VA Hospital May Have Been Involved in Medial Mistakes

June 16, 2009 | by David J. Halberg, Esq.

Today, officials at the Department of Veteran Affairs are expected to face a congressional panel and discuss how errors at three Southeastern hospitals may have exposed thousands of patients to infectious diseases.

Since February, the VA has been warning approximately 10,000 former patients to get tested for HIV and hepatitis. As of last week, six of those veterans had tested positive for HIV, 13 tested positive for hepatitis B, and 34 tested positive for hepatitis C. The VA’s chief patient safety officer says no one will ever know if those patients became infected as the result of improperly operated or cleaned endoscopic equipment used in colonoscopies at Miami and Murfreesboro and that the mistakes were human error.

According to a lawyer who is representing many of the affected VA patients, it is “hard to describe the upheaval and injury this has caused innocent veterans.”

Hearing to air VA explanation of hospital mistakes, Associated Press, June 14, 2009 Continue reading

Florida Board of Medicine Gets Low Marks from Consumer Group

April 23, 2009 | by David J. Halberg, Esq.

The South Florida Sun-Sentinel reports that the consumer group Public Citizen released a report about states disciplining doctors who violate state standards. Although Florida had previously performed at or above average compared to other states, the 2008 report indicated that Florida ranked number 44, putting the state among the ten worst for disciplining doctors.

The report examined data collected from the Federation of State Medical Boards and defined serious disciplinary actions as medical license revocations, surrenders, suspensions, probations, or restrictions. Doctors might receive these actions as the result of criminal activity, severe medical negligence, or patient abuse.

Florida’s medical board includes 12 doctors and three consumer members. Public Citizen’s acting president said the drop in rankings could potentially be attributed to a reduced budget for investigating complaints or the board’s proximity to the medical profession.

Report Finds That State Medical Boards in 2008 Disciplined Fewer Physicians Than in 2004, Kaiser Network, April 21, 2009
Florida lenient in disciplining doctors, South Florida Sun Sentinel, April 20, 2009

Public Citizen Report
Public Citizen’s Health Research Group Ranking of the Rate of State Medical Boards’ Serious Disciplinary Actions, 2006-2008 (HRG Publication #1868)
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Florida Woman that Delivered Baby into Toilet Sues Carrollwood Hospital for Medical Malpractice

October 7, 2008 | by David J. Halberg, Esq.

A Florida woman that didn’t know she was pregnant and delivered her baby into the toilet in a restroom at the University Community Hospital in Carrollwood is suing the Tampa hospital for medical malpractice.

2 1/2 years ago, Robin Lumley arrived at the hospital complaining of vaginal bleeding and serious pains in her abdomen. Hospital staffers ordered tests, including a pregnancy test that was never performed, and her symptoms were documented. Lumley, who was 46 at the time and single, was reportedly never fully examined because she was in too much pain.

Hospital staffers allowed Lumley to go to the restroom, where she delivered a 6-pound baby into the toilet. The baby girl, Brianna Rose, almost drowned. She also went into respiratory arrest and sustained brain damage following her delivery. She will now require specialized medical care for life.

Lumley’s lawsuit contends that it was the hospital’s negligence in failing to detect that she was in labor that caused birthing injury to her baby. Lumley claims she did not know she was pregnant until her baby was born.

According to psychologists, women have been known to conceal their pregnancies even from themselves. Three kinds of pregnancy denials include:

• Pervasive denial
• Psychotic denial
• Affective denial

In the event that a doctor, nurse, or another health care provider fails to provide a mother in labor with the proper medical care and the mother or baby is injured as a result, the hospital and/or staffers can be held liable for Florida medical malpractice.

Woman didn’t know she was pregnant, gives birth — now hospital is sued, Sun-Sentinel.com, October 7, 2008
Characteristics of Women Who Deny or Conceal Pregnancy, Psychosomatics

Related Web Resources:

Medical Malpractice and Childbirth, WrongDiagnosis
American Pregnancy Association
University Community Hospital
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West Palm Beach Parents that Gave Birth to Stillborn Twins Say They Will Sue Florida Hospital For Medical Malpractice

September 29, 2008 | by David J. Halberg, Esq.

At St. Mary’s Medical Center in West Palm Beach, Florida, tragedies struck two families earlier this month when similar medication mistakes led to one mother delivering stillborn twins and another baby being born born with brain damage. The hospital has admitted to the medication errors and has apologized to both families.

In the first incident,Sharee Davis checked into St. Mary’s on September 4 for a cerclage, which is a routine procedure that was supposed to prevent her from delivering her twins prematurely. She was just 17 weeks pregnant.

Instead, the medication the hospital gave her induced labor and Davis delivered stillborn twins, a boy and a girl. Davis and James Andrews, the boy’s father, say that they plan to sue St. Mary’s for medical malpractice.

Palm Beach County Doctors Cite Fear of Medical Malpractice as a Reason for the Increase in C-Section Deliveries

September 15, 2008 | by David J. Halberg, Esq.

In Palm Beach County, the rate of woman delivering their babies by cesarean section is now over 40%–almost twice as many women as the number of women giving birth by C-section 10 years ago. This figure is also a lot higher than the national figure of 31%. Now public health officials are wondering whether all of these women needed to give birth by C-section, a costly procedure that also comes with some risk.

Some local doctors say that the surgery is a safer option for them than the risk of a botched delivery that could lead to a Florida medical malpractice lawsuit. The majority of obstetricians in the county no longer have liability coverage because it is too expensive.

Other obstetricians said the reasons they might opt to perform a C-section birth rather than go with natural delivery included:

• Decreasing the risks of a complicated pregnancy.
• The increase in fertility treatments usually results in twin (or more) pregnancies; this usually requires a C-section delivery.
• More older women are getting pregnant.
• Often, doctors will perform a C-section on a woman if her previous birth(s) required this procedure.
• Teen pregnancies may require a C-section delivery.
• Pregnant women that are obese may require a C-section delivery.
• More women want to avoid labor and/or schedule the date of birth.

Some doctors worry that denying a request by a pregnant woman to perform a C-section could lead to a medical malpractice lawsuit if the baby is injured during natural delivery. In Martin County, where the majority of obstetricians are covered for malpractice, 15% less C-section procedures are performed than in Palm Beach County, Florida.

According to court information, the number of medical malpractice lawsuits filed against Palm Beach County obstetricians has dropped as the number of C-section procedures has increased. Although C-sections are now easier to recover from than they were two decades ago and they are generally designed to lower the risk of injury to the baby and mother, anesthesia and infection risks still exist. Having an earlier delivery by C-section can also affect the development of the baby and lead to feeding, breathing, and neurological problems for the infant.

Rise in C-sections stirs health worry, Palm Beach Post, August 23, 2008
Cesarean Fact Sheet, Childbirth.org

Related Web Resource:

Birthing Defensive Mechanism: Medical Malpractice and Cesarean Sections in the United States, AllAcademic.com Continue reading

Boynton Beach Plastic Surgeon Pleads Guilty to Practicing Without A License in Florida

August 29, 2008 | by David J. Halberg, Esq.

A Boynton Beach plastic surgeon has been sentenced to two years in prison after he pleaded guilty to four counts of practicing without a license. In Palm Beach Circuit Court on Tuesday, Dr. Mark Schreiber issued an apology, telling the judge that he believed he was “doing the right thing.”

Schreiber’s license has been suspended three times since 1999, and several complaints about him had been filed with the state of Florida. According to his defense lawyer, Schreiber never performed any surgeries during the periods of suspension, but he did see patients for follow up visits and informed them that his license was suspended. Schreiber’s plea agreement will allow patients to obtain restitution.

One of Schreiber’s patient, Cara Hart, says she went to the Boynton Beach plastic surgeon for a breast lift three years ago and that the procedure was botched. Hart continued to visit Schreiber daily after the surgery so he could try to repair the damage. She says he treated her while his license was suspended.

Another patient, 51-year-old Sherri DiLorenzo, says that she suffered permanent disfigurement after Schreiber gave her breast implants. 49-year-old Sue Danciu says she also became permanently disfigured after the plastic surgeon performed an eye lift and a face lift. Danciu says she did not know that Schreiber didn’t have a license.
In 2005, a Boca Raton woman says that she went to Schreiber for treatment and he touched her breast and inner thigh.

The Florida Office of Insurance Regulation says at least six medical malpractice settlements totaling over $1 million have been paid to patients on Schreiber’s behalf. According to Florida records, injuries that led to the settlements included burns, damaged organs, surgical materials left in a patient, limb loss, deafness, finger loss, kidney loss, lung loss, and eye loss.

According to the American Society of Plastic Surgeons:
• There were 11.8 million cosmetic procedures in 2007.
• 20% of these procedures took place in hospitals.
• 59% of these procedures occurred in an office-based space.
• 21% of these procedures occurred in a free-standing ambulatory surgical location.

Cosmetic Surgery Malpractice
Plastic surgery malpractice can occur if the surgeon, anesthesiologist, nurse, or another practitioner makes a mistake during a procedure. Examples of cosmetic surgery injuries: facial paralysis, dangerous breast implant leaks, and scarring.

Boynton Beach plastic surgeon sent to prison for practicing without a license, Sun-Sentinel.com, August 27, 2008
Former Plastic Surgeon Headed to Prison, CBS12.com, August 26, 2008
New documentary exposes horrors of botched plastic surgery, NYDailyNews.com, July 31, 2008

Related Web Resources:

General Risks and Complications, SmartPlasticSurgery.com,

American Society of Plastic Surgeons
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Florida Residents Can Now Go Online To Find Out About Violations Made By Hospitals, Nursing Homes, Surgery Centers, and Clinics

August 14, 2008 | by David J. Halberg, Esq.

This week, Florida’s Agency for Health Care Administration began posting reports online to allow Floridians to evaluate the services and conditions available at some 32,000 hospitals, clinics, nursing homes, surgery centers, dialysis units, and other health care centers. The reports will contain information about complaints, and findings related to medical errors, procedural errors, unsanitary conditions, and other violations. All reports written after June 1, 2008 will be published online.

The reports should be helpful in a state that is considered the nation’s capital for many doctors that lack medical malpractice insurance. While Florida requires podiatrists, chiropractors, midwives, optometrists, nurses, and acupuncturists to carry insurance, doctors can forego insurance if they promise to pay up to $250,000 per medical malpractice award (with a $750,000 per year maximum).

In 2003, Florida lawmakers limited pain and suffering awards to half a million dollars for personal injury lawsuits or $1 million dollars for wrongful death cases. They did not place a limit on payments for medical costs.

In Florida, the best way to increase your chances of obtaining medical malpractice compensation is to retain the services of an experienced medical malpractice law firm.

Our South Florida injury lawyers are experienced in dealing with all kinds of injury and wrongful death cases involving medical malpractice. We know how to successfully pursue a claim against a doctor, a hospital, a nursing home, a surgeon, or another health care provider.

We know how devastating it can be to seek medical attention and end up injured as a result. Health care providers are required to provide a certain level of care. Failure to provide that care can be grounds for a Florida medical malpractice lawsuit if someone gets hurt or dies.

Inspection reports of health facilities now available online, Sun-Sentinel.com, August 13, 2008
Uninsured doctors on the rise in South Florida, Sun-Sentinel.com, July 27, 2008

Related Web Resources:

Agency for Health Care Administration Public Record Search, MyFlorida.com
FloridaHealthFinder.gov
Continue reading

Florida Lt. Governor Settles Medical Malpractice Case with Lee Memorial Hospital

July 28, 2008 | by David J. Halberg, Esq.

Florida Lt. Governor Jeff Kottkamp has arrived at a settlement agreement over his personal injury lawsuits filed against Lee Memorial Hospital and three companies. While Lee Memorial Hospital revealed that its portion of the settlement was $200,000, the settlement terms between Kottkamp and three of the companies remain confidential.

Kottkamp sustained physical injuries and a fungal infection after undergoing heart surgery at the Southwest Florida hospital. His lawsuit alleges that the improper maintenance of the hospital roof caused mold to enter the operating room, resulting in his infection.

Kottkamp had to be placed in an induced coma for several weeks so multiple surgeries could be performed to scrape mold from his chest. He then underwent several reconstructive surgeries to repair his chest cavity and replace a deteriorated sternum.

Report Links Topamax to Birth Defects

July 22, 2008 | by David J. Halberg, Esq.

According to British researchers, the use of Topiramate, an anti-epilepsy drug, increases the chances of pregnant women giving birth to babies with birth defects by up to 14-fold-especially when the drug is taken along with the drug Valproate. The study involved 203 women that became pregnant while taking Topiramate (Topamax is the brand name sold by Johnson & Johnson) alone or with other epilepsy medication.

Findings from the study included:

• 18 spontaneous abortions
• 5 induced abortions
• 2 stillbirths
• 178 births
• 16 infants were born with major birth defects
• 4 infants were born with cleft lips or palates
• 4 babies had genital birth defects

However, because the study involved only 203 women, experts have said that there is still statistical uncertainty related to this new data.

Topiramate has caused similar birth defects in animals. The fact that studies of other epilepsy drugs have revealed an increase in birth defect risks indicates that all of these drugs may affect the reproductive process.

Of the approximately 2.7 million Americans with epilepsy, Topamax makes up 1 out of every 5 prescriptions. Doctors say that even though there are risks involved with taking anti-epilepsy drugs, preventing epileptic seizures that would otherwise harm unborn babies-perhaps even more severely than the side effects that use of the drug can cause-is essential.

If you or someone you love was injured because of a dangerous pharmaceutical drug, you may be entitled to personal injury or wrongful death compensation. Drug manufacturers are supposed to test their medications before making them available to users and warn of any adverse side effects.

Our South Florida drug litigation law firm can determine whether you have grounds for a claim. If a drug maker or seller knowingly concealed risks, failed to conduct the proper and full product tests, or neglect to warn doctors and consumers of potential dangers, we know how to investigate any of these factors and prove your case.

Epilepsy drug Topamax linked to birth defects, Los Angeles Times, July 22, 2008

Study links epilepsy drug to increased birth-defect risk, USA Today, July 21, 2008

Related Web Resources:

Topamax
Epilepsy and Pregnant Women, MayoClinic.com Continue reading