medical malpractice lawyers in florida
Copyright 1997 - 2017 McMillen Law Firm.
All Rights Reserved.

We're easy to talk to

and always working



medical malpractice

Appeals court affirms judgment for defendant nursing facility

Older woman hand on cane

Appeals court affirms judgment for defendant nursing facility on grounds that opinions of plaintiff’s expert witness were unsupported by evidence. A long-term nursing facility patient was transferred to a hospital with pneumonia and died shortly thereafter. The death certificate listed the causes of death as end-stage dementia and end-stage COPD. The patient’s son sued the nursing facility and several of its administrators for wrongful death. At trial, the plaintiff’s expert testified that a fourteen-day gap in the nurses’ notes was evidence of inadequate care and monitoring while the plaintiff was developing pneumonia that ultimately caused her death. He further testified that...

Continue reading

Appeals court upholds count against hospital

Lady Justice holding scale

Appeals court upholds count against hospital for failing to ensure non-employee doctor used its surgical robot safely, causing patient’s death. Many hospitals hire doctors as “independent contractors” rather than ordinary employees, in the hope, it will mean that if the doctor commits malpractice, the hospital cannot be held responsible for it.  However, many doctors in Florida have little or no medical malpractice insurance, while hospitals have plenty of insurance. Therefore, it is often in a medical malpractice plaintiff’s best interest if there is a way to show that the hospital should be held responsible for the malpractice of a doctor working...

Continue reading

Flu Prevention Tips

Flu season is in full effect and the Center for Disease Control and Prevention (CDC) has even issued a flu epidemic warning for this year's strain. The 2018 flu strain is unusually resilient due to the virus's dominant strain, H3N2, which experts have described as one that causes severe symptoms and can be deadly. The CDC states that "The single best way to prevent seasonal flu is to get vaccinated each year, but good health habits like covering your cough and washing your hands often can help stop the spread of germs and prevent respiratory illnesses like the flu. There also are flu...

Continue reading

Where to buy medical malpractice insurance

working over numbers to buy

There are many places to buy medical malpractice insurance in Florida.  One way to proceed is to contact each of the major malpractice companies in Florida and simply ask what they need in order to buy coverage with them and what it would cost.  The leading medical malpractice insurance companies in Florida currently are: Medical Protective PPro-Assurance The Doctors Company Mag Mutual If you do not want to deal directly with the insurance companies, you may find your coverage through an insurance agency that represents multiple medical malpractice carriers.  Two of the leading medical malpractice insurance carriers for Florida are: Arthur...

Continue reading

Do you know which president died from medical malpractice?

Capitol Building

It is widely believed that President James A. Garfield was killed by medical malpractice.  Here’s the story:   Less than 4 months after obtaining office Garfield was shot in the arm and back by Charles Guiteau, who reportedly was angry because President Garfield declined to name him the Ambassador to France.  According to a story reported in CBS news, and elsewhere, the shot in the back was not fatal because it did not hit any vital organs.  The bullet lodged behind his pancreas.  If the doctors had just left him alone he likely would have survived.  However, within minutes of being...

Continue reading

Florida Supreme Court strikes down caps on noneconomic damages in other types of medical malpractice cases.    

Court room to set caps on damages

Back in 2004, a law was passed by the Florida Legislature placing severe caps on noneconomic damages in medical malpractice cases.  In a Florida Supreme Court case decided back in 2014, the Florida Supreme Court found those caps to be unconstitutional in malpractice cases involving the death of the patient.   (Estate of McCall v. the United States, 134 So. 3d 894 (Fla. 2014).  That earlier decision technically left open the question of whether the caps were still in effect for malpractice cases when the patient was only seriously injured but did not die because of the medical malpractice.   Now, in...

Continue reading

Florida Supreme Court upholds statutory “foreign body presumption of malpractice,” even when additional evidence of negligence exists.  

Medical Malpractice Implements

Normally, a malpractice plaintiff must prove that malpractice occurred, causing their injuries.  But Florida has a law which provides that following a surgery if a foreign object is found left in the surgical site (sponges, scalpels, needles, catheters, etc.), that fact alone establishes for the patient that medical malpractice occurred.   The burden then shifts to the doctor or hospital defendant to specifically prove they were not negligent.    In this case, a patient was still having abdominal pain four months after surgery, and a CT scan found a 4.25-inch piece of drainage tube left inside his abdomen, requiring a second surgery...

Continue reading

Appeals court upholds NICA weight distinction

Appeals court holds NICA distinction between minimum weights for single births and multiple gestations does not violate federal equal protection laws.     The NICA program, which provides compensation for certain severe injuries to babies that occur during labor and delivery, will not provide benefits for an infant whose birth weight is under 2500 grams (about 5.5 pounds).   However, for multiple gestation pregnancies (twins, triplets, etc.), babies can get NICA benefits as long as their birth weight is at least 2000 grams (about 4.4 pounds).   In this case, a baby suffered severe injuries at birth but was denied benefits because it was...

Continue reading

Florida Supreme Court holds Florida patients are entitled to access to hospital adverse incident reports, in spite of federal statute.   

Scales of justice for injury lawyer

Florida Supreme Court holds Florida patients are entitled to access to hospital adverse incident reports, in spite of federal statute.    For many decades, there were laws on the books in Florida which specifically prevented patients from having access to information about adverse medical incidents and patient injuries within hospitals, including even information about mistakes made in the patient’s own medical care.   In 2004, Florida voters approved an amendment to the Florida Constitution changing the law and allowing wide access to hospital adverse incident records.  This change to the Florida Constitution is often referred to as the “Patient’s Right to Know”...

Continue reading

Appeals court ruling on patient fall cases

Medical Malpractice may cover Patient Falls

Appeals court finds that if an unstable patient falls while being escorted to receive medical treatment, it may or may not be medical malpractice.    The distinction between a medical malpractice case and a general personal injury case is very important because malpractice cases are subject to many more onerous procedural rules that must be followed to avoid having the case thrown out.   In this case, a 99-year-old patient was being treated for skin cancer by a mobile radiation van that would come to her residence periodically.  On all but one occasion, an employee of the van’s corporate owner would bring...

Continue reading