12 September

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Statute of Limitations vs. Repose

in Legal Advice, medical malpractice, statute

The Statute of Limitations legal definition: A type of federal or state law that restricts the time within which legal proceedings may be brought. When civil lawsuits are filed in Florida the state’s statute of limitations provides the deadline for when a potential plaintiff who has suffered harm must file their claim. The statute varies from state to state and by case type. In Florida, the statute of limitation is typically around 2 years from the initial incident. Not every case is easy to identify when or if the limitations have started. Many states use a so-called “discovery rule”, which essentially...

31 May

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Gallbladder Surgery Errors

Posted by Malpractice Specialists

in medical malpractice

Laparoscopic gallbladder surgery also called laparoscopic cholecystectomy, or simply lap coly, is a surgical procedure where the gallbladder is removed with a minimal incision into the abdominal cavity. Gallbladder removal surgery has become one of the most frequently performed surgeries in the United States. Over 90 percent of those gallbladder surgeries are done laparoscopically, where the surgeon removes the gallbladder through several small incisions in the abdomen. When properly done, the majority of these surgeries end in the safe removal of the gallbladder. Errors result from unskilled doctors attempting to perform the surgery, though even a skilled doctor can sometimes cause...

03 May

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Stroke Medical Malpractice

Posted by Malpractice Specialists

in medical malpractice

[vc_row content_width="grid" triangle_shape="no"][vc_column][vc_column_text] STROKES Strokes can happen at any age, but when strokes happen in otherwise healthy young people, they are most often caused by what is known as a vertebral artery dissection (“VAD”). VAD is often completely painless and can happen with even the slightest stretching of the neck. Not every VAD goes on to cause a stroke. A VAD is a flap-like tear of the inner lining of the vertebral artery, which is located in the neck and supplies blood to the brain. Blood starts accumulating, and therefore, clotting, where the tear is located. A stroke can be caused when a...

03 October

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Appeals court upholds NICA weight distinction

Posted by Malpractice Specialists

in claims, Legal Advice, medical malpractice

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...

10 September

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

Posted by Malpractice Specialists

in medical malpractice, statute

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”...

03 August

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$7.9 million dollar medical malpractice verdict for 77-year-old stroke victim

Posted by Malpractice Specialists

in medical malpractice

The Plaintiff, a woman in her seventies, had been on the anticoagulant drug Coumadin for years. This was due to a propensity for developing dangerous blood clots. She had a heart condition known as “AFib,” or atrial fibrillation. This means that her heart sometimes beat irregularly, and too fast, which can cause the heart to throw off clots that could travel to other parts of the body. The patient also had a pacemaker to help control the AFib. Her pacemaker provided monitored heart data, which showed she was still having frequent intermittent episodes of AFib, yet her physicians inexplicably took her off the...

24 April

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Jury verdict for patient overturned on appeal because the patient’s expert gave surprise testimony at trial

Posted by Malpractice Specialists

in Legal Advice, medical malpractice, statute

A patient died of meningitis caused by an ear infection, and his widow sued for medical malpractice. Up until trial, there was no allegation in the pleadings or by the patient’s experts during their pre-trial depositions that the defendant doctor had been negligent by giving the patient samples of Levaquin, an antibiotic. However, during the trial, two of the patient’s expert witnesses testified for the first time that they believed that the doctor had been negligent by giving Levaquin. The package insert from Levaquin was also admitted into evidence over the defendants’ objection, and the plaintiff reemphasized the Levaquin issue...

Statute of Limitations vs. Repose

Gallbladder Surgery Errors

Stroke Medical Malpractice

Appeals court upholds NICA weight distinction

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

$7.9 million dollar medical malpractice verdict for 77-year-old stroke victim

Jury verdict for patient overturned on appeal because the patient’s expert gave surprise testimony at trial

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