Articles Posted in Medical Malpractice

In a split decision, the 11th Circuit Court of Appeals in Atlanta has lowered the award amount that the parents of a boy born with serious brain damage in 2003 at the Mayport Naval Station obstetrics clinic in Jacksonville, Florida will receive.

The Florida birthing malpractice award-originally for $60.5 million-to Kevin Bravo Rodriguez’s family had already been reduced to $40.5 million. But the federal appeals court says this amount is also too much.

The court, however, did not dispute that the hospital and staff members acted negligently. As US Circuit Judge Ed Carnes wrote in the decision, “not… whether the government should pay… but… how much it must pay.” The family’s birthing malpractice lawyer plans to appeal the ruling.

With the original award, a judge in Miami ruled that obstetrician Ken Kushner delayed performing a Caesarean operation on Kevin’s mother for too long. Her labor lasted over 20 hours. Kevin wasn’t breathing when he was born. US District Judge Gonzalez first awarded $60.5 million before reducing it to $40.5 million. $10 million had been awarded for economic damages, but because Kevin died, this portion of the award is gone.

This was the largest verdict issued against the government under the Federal Tort Claims Act. If the appeals court decision stands, the injury case will be retried as a wrongful death lawsuit. Although Dr. Kushner was a contracted civilian and not a naval worker, the court also held the Navy was liable for Kevin’s injuries.

Birthing malpractice can cause catastrophic injuries to infants, including:

• Cerebral Palsy
• Facial Paralysis
• Broken Bones
• Bruising
• Brachial Palsy
• Brain Damage
• Wrongful Death

With offices in West Palm Beach, Miami, and Port St. Lucie, our Florida birth injury attorneys have helped many parents recover compensation for the harm suffered by their babies and families because of birthing errors.

Court chops into hospital award, Jacksonville.com, July 8, 2008

Related Web Resources:

Birth Injuries, University of Virginia Health System

Naval Hospital Jacksonville
Continue reading

A Florida woman is suing a Winter Park dentist for dropping a medical screwdriver and a torque wrench down her father’s throat. In Anne Greer’s dental malpractice lawsuit, she alleges that Dr. Wesley Meyer’s negligence contributed to Charles Gaal’s death.

Gaal had gone to Meyers in October 2006 for implants to secure his dentures when the dentist accidentally dropped the screwdriver down the 90-year-old patient’s throat. Gaal had to undergo a colonoscopy so the screwdriver could be extricated from his large intestine.

Gaal returned to Meyers in May 2007 for the implant procedure. This time, Meyer’s dropped a torque wrench down the elderly man’s throat. Meyers underwent surgery to remove the tool, which had aspirated into his left lung. Gaal spent 50 days in the hospital as a result of the accident and died from complications in June 2007.

Greer says that her father died because Meyer caused his death. She says she has problems sleeping because of the tragedy.

After conducting an investigation, the Florida Department of Health filed a complaint accusing Meyers of negligence, failing to provide Gaal the required standard of care, negligent recordkeeping, and failure to report the accident.

Meyers, who reached a settlement with the Board of Dentistry, was told not to perform any more implants until he receives further training. He continues to practice dentistry.

Common Kinds of Dental Malpractice Accidents include:

• Giving a patient defective oral device.
• Surgical errors.
• Failure to consider patient’s medical history before performing a procedure.
• Failure to diagnose periodontal disease.
• Failure to diagnose oral cancer.
• Tooth extraction-related errors.
• Anesthesia complications.

Please contact our Florida dental malpractice law firm if you or someone you love was hurt because a dentist or another medical provider was negligent.

State fines dentist $17,000 in patient’s death, Orlando Sentinel, June 20, 2008
Dentist Accused Of Losing Tools Down Patient’s Throat Before Death, WKMG, June 20, 2008
Dental Malpractice Cases: Should You Consult an Attorney?, Associated Content

Related Web Resource:

Complaints About Dental Care, DentalWatch.org Continue reading