South Florida Injury Lawyer Blog

Medical Malpractice Lawsuit: Nurse High on Drugs Botched Child’s Care

March 6, 2018 | by David J. Halberg, Esq.

A baby admitted to the hospital with the flu left with severe and permanent brain damage as a result of Miami medical malpractice by a nurse who was high on drugs. That’s the plaintiff’s allegation in a recently-filed South Florida injury lawsuit. medical malpractice attorney

The Miami Herald reports the child now has a feeding tube in his stomach and is unable to speak, swallow solid foods or walk more than few steps unassisted. He was just 4-months-old when admitted to the pediatric intensive care unit at Nicklaus Children’s Hospital in November 2015. His doctors today say he will likely need intensive, around-the-clock nursing care for the rest of his life. His mother has had to quit her job in order to help attend his needs. He is undergoing a rigorous treatment of pediatric therapies.

According to the lawsuit, defendant nurse bathed the child and on accident removed the boy’s breathing tube for a period of approximately seven minutes. During his shift, colleagues observed he was sweating, shaking and had bloodshot eyes. Despite this, no one apparently raised a red flag about her continuing to provide care to the facilities youngest and most vulnerable patients. Although the child’s mother noted the nurse was “anxious,” she assumed that was “his personality,” and tried not to worry because none of the other doctors and nurses on staff commented on it.

Both the hospital and the defendant nurse (in a written statement to the newspaper) vehemently deny the accusations, despite the nurse having previously admitted his addiction to methamphetamine and other drugs one year prior to this incident. At that time, he was under investigation by the Florida Department of Health and underwent treatment for addiction services. He was still under monitoring at the time of the incident but quit just two months later, costing him both his job and his nursing license. Continue reading

Government Drops Appeal of $42M Birth Injury Verdict in Medical Malpractice Lawsuit

February 26, 2018 | by David J. Halberg, Esq.

South Florida medical malpractice attorneys recognize obstetrics and gynecology as a medical practice area with higher-than-average rates of litigation. Malpractice in obstetrics and gynecology can result in catastrophic injuries and fatalities for both women and babies. A recent survey by Medscape revealed some of the top reasons for lawsuits against Ob/Gyns are:

Patient suffers an abnormal injury – 36 percent
Failure to diagnose – 22 percent
Failure to treat – 15 percent
Poor documentation of patient instruction and education – 5 percent
Improperly obtaining/ lack of informed consent – 4 percent
Failure to follow safety procedures – 3 percent
Errors in medication administration – 2 percent

These usually involved a maternal or fetal death, failed tubal litigation, poor timing/ performance of a cesarean section, bowel perforation or shoulder dystocia. A recent case of a catastrophic injury suffered by a baby delivered by an Ob/Gyn at a federally-funded hospital was allegedly caused by the physician’s “unjustified and overly-vigorous use” of forceps during the birth of a child. The child reportedly now suffers from lifelong mental disabilities, and after a jury awarded the family $42 million for this severe brain injury, the federal government has withdrawn its appeal. Continue reading

Florida Hot Tub Injury Results in $7.5M Damage Award

February 20, 2018 | by David J. Halberg, Esq.

Florida consistently has one of the highest percentages of properties with pools and hot tubs, with the Association of Pool & Spa Professionals reporting nearly 335,700 hot tubs in the state as of 2015, with an additional 9,400 being added annually. Many of these are prominent features at resorts, hotels, condominium complexes and other locations frequented by Florida tourists, snowbirds and residents. injury attorney

Swimming pool injuries and hot tub injuries can run the gamut, whether due to unreasonably slippery surfaces or lack of gates or barriers or improper construction or poor maintenance. Determining who was at-fault and whether you have a claim to pursue compensation for your injuries will depend on exactly how and why the injury happened. For example, if a residential pool owner fails to ensure an appropriate barrier, alarm or other protection feature is in place, as required by F.S. 515.29, they could be held liable for child drownings or other injuries proximately caused by that.

In a recent case out of Pinellas County, the Tampa Bay Times reports a man was awarded $7.5 million in a South Florida personal injury lawsuit verdict stemming from a fall inside a hot tub at a resort where the spa was partially drained and unlit back in 2008. It’s being deemed one of the largest injury verdicts ever in that county’s civil court. According to news reports, the man suffered permanent back and neck injuries after the fall. Continue reading

Estate Sues Bars, Restaurant for Failure to Prevent Fatal, Drunken Brawl

February 13, 2018 | by David J. Halberg, Esq.

The question of what degree of care property owners owe patrons in Florida depends on numerous factors, including the visitors’ purpose on site, how the dangerous condition arose and whether the risk was foreseeable to the owner/ occupier. injury attorney

Although we generally think of Florida premises liability cases to involve things like slippery floors, broken stairs, elevator/ escalator accidents or even dog bites.

But another common dangerous condition on property involves failure to protect against third-party assault or violent criminal conduct. Businesses in some cases do have a responsibility to protect customers or visitors from these types of incidents, typically by providing adequate security. However, a good Tampa personal injury lawyer knows claimants in these instances must usually establish a historical pattern of the same or similar crimes at that particular location, nearby or at the same type of businesses. Continue reading

Defective Guardrails Reportedly Linked to Deadly Crashes

February 5, 2018 | by David J. Halberg, Esq.

A grieving father whose daughter was killed in a highway motor vehicle accident in Tennessee involving an allegedly defective guardrail purchased a television advertisement at a local West Palm Beach affiliate airing the Super Bowl in President Donald Trump’s Mar-a-Lago resort community. The father did so in the hopes the president would take notice of the ad, noting the president had promised to address highway guardrail safety in his recent infrastructure plan. car accident attorney

The specific guardrail in question is one produced by X-LITE. It’s a brand that state highway officials across the country are scrambling to remove after a rash of serious and fatal crashes wherein the guardrail allegedly pierces rather than absorbs or deflects fast-moving vehicles.

CBS News reported that like so many others involved in these kind of collisions, the man’s 17-year-old daughter was killed when she struck the guardrail, which instead of collapsing (as is the reported intention of the design) acted as a spear. The guardrail struck the girl in the head and chest, resulting in fatal injuries. Continue reading

Rear End Collision Creates Rebuttable Presumption, Not Immune From Challenge

January 30, 2018 | by David J. Halberg, Esq.

Courts in Florida have established a legal concept known as “rebuttable presumption” when it comes to rear-end collisions. The rebuttable presumption is that if a vehicle strikes another from behind, the rear vehicle was presumptively negligent, though that can be rebutted. There are some specific exemptions to the rule, and motorists filing claims should pay attention to these. car accident lawyer

This rebuttable presumption can make it easier for plaintiffs in these cases to prove liability, and it can also make it tougher for the defendant to prove comparative fault. Florida is a pure comparative fault state. That means whatever percentage of fault is shared by the plaintiff will proportionately reduce the amount of damages paid by the defendant – up to 99 percent. So for instance, if you were 40 percent at-fault for a crash and the defendant was 60 percent at-fault, defendant would only be responsible to pay 60 percent of your total damages.

Some of the grounds on which the rebuttable presumption can be challenged (per the 2007 ruling in Dept. of Highway Safety and Motor Vehicles v. Saleme) are:

Evidence of mechanical failure by the rear vehicle (in which case, the vehicle manufacturer may be liable);
Evidence/ testimony of an unexpected or sudden stop or lane change (drivers must anticipate these scenarios to an extent and maintain a safe distance from vehicles ahead; defendants must prove the stop or lane change truly both sudden and unexpected);
Evidence the vehicle was not stopped legally on the roadway.

Personal Breathalyzers Proven to Reduce Drunk Driving Accidents

January 22, 2018 | by David J. Halberg, Esq.

Drunk driving is a major threat to Florida motorists, with the U.S. Centers for Disease Control & Prevention reporting nearly 8,500 people were killed in Florida drunk driving accidents between 2003 and 2012. The rate of people who self-report driving after having too much to drink in Florida is 2.1 percent, compared to the national average of 1.9 percent. Florida allows sobriety checkpoints and ignition interlock devices for repeat offenders, but there may be another way to combat the problem. It starts with targeting those repeat offenders. DUI injury lawyer

A 2010 study published in the American Journal of Public Health revealed that a person arrested for DUI once was 615 times more likely to be arrested again for the same offense compared to someone who was never arrested for impaired driving. Given that risk, authorities in Colorado (where 40 percent of DUI arrests involve repeat offenders) the state is trying something new.

The Miami Herald reports the state’s department of transportation distributed 475 personal breathalyzers to residents of the state who had previously been convicted of a drunk driving offense. These devices allow individuals to test themselves to determine whether they had surpassed the legal alcohol limit, indicating they were not safe to drive. That was over the summer. Continue reading

Medical Malpractice Settlement for $2 Million After High School Senior’s Death

January 12, 2018 | by David J. Halberg, Esq.

Failure to diagnose is the No. 1 reason physicians face medical malpractice claims. One study in 2013 published in the journal BMJ Open analyzed claims against primary care physicians in the U.S., Australia, France and Canada and found that between 26 and 63 percent of all medical malpractice lawsuits stem from a missed diagnosis. The most commonly misdiagnosed conditions in adults were myocardial infarction (heart attack) and cancer, and meningitis in children. medical malpractice attorney

It was reportedly a failure to properly review a high school senior’s kidney ultrasound led to his death two months later on a class trip, according to a medical malpractice lawsuit filed by his parents two years ago. Now, probate court records show the hospital involved has settled the case for $2 million. Valley News in New Hampshire reports the teen suddenly collapsed and died while changing planes en route to a youth leadership conference. An autopsy showed he had a large cancerous tumor on one of his kidneys, which had partially dislodged, passed through blood vessels and into his lungs and heart.

At issue was the fact that doctors had known about a calcified cyst on the boy since he was just 7-years-old. It was a condition that required yearly checkups. In May 2014, at age 17, he experienced blood in his urine, was admitted to the hospital and physicians performed a kidney ultrasound. The doctors ascertained upon review the kidney was stable and his condition unchanged. There was no extensive work-up of ultrasound results and he was discharged from the hospital that same day. He died in late June 2014. Continue reading

$26M Medical Malpractice Verdict Results in $25M Settlement and Drop of All Future Appeals

January 4, 2018 | by David J. Halberg, Esq.

Most people assume the end of the road for a Florida medical malpractice lawsuit is the verdict. However, that is not the case as there is always the potential for appeal. The National Center for State Courts reports medical malpractice cases have an appeal rate of 18 percent. Those cases that tend to have the highest rate of appeal are those that involve serious injuries, complex medical and/ or scientific evidence and expert testimony. That’s why medical malpractice cases in Florida tend to have a higher rate of appeal than, say, a car accident injury verdict. What’s more, the center reported, defendants who lose medical malpractice cases are more likely to appeal than plaintiffs. medical malpractice lawyer

Most medical malpractice cases that are appealed involve:

Loss of mental function;
Facial scarring;
Loss of sight/ hearing;
Death;
Paralysis.

Because appeals can be so costly, it’s not unheard of for medical malpractice plaintiffs to end up back in negotiations with defendants – even after they have obtained a favorable verdict. The reason is if there is a good chance defendant will appeal (and may have a strong argument on appeal), plaintiff may agree to a settlement – ending the case then and there, albeit for a lesser amount – than go through the time, expense and ordeal of an appeal. It’s also possible that if a trial is bifurcated (split into separate issues, usually liability and damages) that a defendant will settle after liability has been determined, but prior to a finding of damages. Continue reading

Report: Florida Medical Malpractice Lawsuits Rarely Lead to Professional Discipline

December 28, 2017 | by David J. Halberg, Esq.

We know that successful medical malpractice lawsuits are first and foremost intended to compensate victims of careless doctors, hospitals, nursing homes and other health care providers. But the other function these claims serve is to alert both patients and state health officials to problematic trends with individual caregivers and facilities. medical malpractice attorney

The National Practitioner Data Bank, which follows medical malpractice lawsuits against active practitioners and their outcomes, reports that between 2005 and 2014, only 1 percent of doctors were linked to one-third of all medical malpractice settlements. Further, the greater number of claims the physician settled, the much higher the chances were the doctor would pay another in the future. Doctors who had previously settled two malpractice cases were more than twice as likely to be involved in a third settlement, compared to those who had one previous settlement.

These findings make a recent report from South Florida’s The Sun-Sentinel all the more troubling. Reporters revealed that when medical malpractice lawsuits are settled or even decided in favor of the plaintiff in a jury trial, those doctors and facilities are rarely penalized by officials with the state’s Department of Health. Continue reading