medical malpractice lawsuit

Impact of South Florida Medical Malpractice on Patient Families & How They May Be Compensated

July 22, 2024 | by David J. Halberg, Esq.

As West Palm Beach medical malpractice attorneys, we fully recognize the firsthand devastating impacts of negligence by medical providers on both patients and families. Beyond the physical harm suffered by the patient, entire families suffer as well.

Because we understand the profound impact these ordeals can have on both patients and their loved ones, we can help them navigate the challenges of pursuing compensation through civil litigation. There are even some types of monetary damages in medical malpractice injury cases reserved specifically for family members.

In the case of medical malpractice-related deaths, certain family members may be entitled to collect wrongful death damages.

Impact of Medical Malpractice on Patient Families

Medical malpractice in South Florida can have far-reaching consequences, profoundly affecting the emotional, financial and physical well-being of patients AND their families.

Among those impacts:

Emotional distress. Families often experience intense emotional distress in the form of anxiety, depression and grief, particularly if it results in permanent injury or death.
Relationship strain. The stress and pressure of dealing with a loved one’s injuries can strain marital and family relationships, sometimes leading to conflict or even separation.
Loss of life enjoyment. Family members of patients harmed by medical malpractice may suffer loss of companionship, affection and enjoyment of life due to the altered condition of the patient.
Financial impacts. People don’t live in a financial bubble. If a patient is harmed no longer able to work or contribute financially to their household– the whole family is going to feel that, to varying degrees. Same goes for astronomical medical expenses, ongoing trips for medical appointments, and modification of their home due to home care needs.
Caregiving responsibilities. Family members often take on caregiving roles, which can be physically demanding and exhausting, particularly if their loved one requires constant attention and assistance.
Disruption of daily routines. The whole family rhythm gets upended when a family member suffers a medical malpractice injury.

Compensation for Families of Medical Malpractice Injuries

Top 6 Challenges in South Florida Medical Malpractice Lawsuits

December 22, 2022 | by David J. Halberg, Esq.

A CT scan showed you had cancer, but the doctor failed to diagnose it. An OBGYN error during labor and delivery deprived a fetus of adequate oxygen during birth, leading to permanent brain damage and disabilities. Hospital staffers gave your mother the wrong dose of a powerful medication, resulting in her death. These are just a few examples of scenarios that can spur South Florida medical malpractice lawsuits.

Actually winning, though, is another matter.

In a recent analysis by NiceRx, Florida ranked No. 3 in the country over the last decade for the most reported incidents of medical malpractice. Yet it ranked 43 out of 50 for medical malpractice payout totals. The actual number of Florida medical malpractice incidents is almost certainly much higher than what’s reflected on court dockets – a direct result of Florida lawmakers’ efforts to make it inherently tougher to pursue these cases compared to other kinds of personal injury and wrongful death claims. The proof burden is higher, the filing deadlines are shorter, and there are tighter restrictions on who has standing to file and how much money can be awarded. It’s an awful shock for some families when they learn that neither a tragic outcome nor even proof of a medical mistake necessarily guarantees a successful medical malpractice claim. In fact, those truths may not even get your foot in the door of the courtroom.

Misplaced Catheter Blamed in Medical Malpractice Lawsuit

June 23, 2018 | by David J. Halberg, Esq.

A U.S. veteran died from blood poisoning, due to what his family alleges was medical negligence in the form of a misplaced catheter. medical malpractice attorney

According to MensHealth.com, the medical malpractice lawsuit filed by his survivors indicates the patient suffered from both a traumatic brain injury and multiple sclerosis when he sought treatment at a Veteran’s Affairs clinic in Missouri for a condition called neurogenic bladder, common with MS patients. The condition makes it tough for patients to control their bladder function. After his catheter was changed at the facility, the 52-year-old was returned to the facility where he resided, where caregivers noted he had a fever – and large amounts of clotting and blood at the end of his penis. He was rushed to the hospital, diagnosed with a urinary tract infection and also sepsis, a life-threatening complication of bacterial infection.

Plaintiffs allege a CT scan conducted soon thereafter showed the balloon in the Foley catheter inflated not in the bladder, as is the intent, but in the urethra. He died of septic shock last month. Continue reading

Medical Malpractice Lawsuit to be Heard by Florida Supreme Court

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

Attorneys for the estate of a South Florida woman who died during surgery have filed a notice of appeal to the Florida Supreme Court after a divided appellate court decision favored a defendant anesthesiologist. medical malpractice

The 3rd District Court of Appeal last month in a 2-1 ruling upheld a directed verdict for the defendant by the Miami-Dade County circuit judge. Although plaintiff attorney’s notice did not give any detailed information about the arguments that would be made before the state high court, the case originated with the 2009 death of a 45-year-old woman, who was undergoing a surgical procedure to remove a non-aggressive brain tumor.

According to court records, defendant anesthesiologist conducted an evaluation of decedent prior to the surgery. She later died during the operation due to what the majority appellate panel found was an extreme loss of blood. However, the dissenting opinion agreed with plaintiff that anesthesiologist erred in reading an electrocardiogram (EKG) prior to administering anesthesia. An EKG is a test that measures the heart’s electrical activities. While the majority justices found the doctor had acted properly, noting another anesthesiologist also conducted an evaluation prior to surgery, the dissenting justice sided with plaintiff in finding the results of that EKG were abnormal and should have been a red flag that there would be issues in surgery. That puts plaintiffs in a stronger position for the upcoming appeal. Continue reading