21 June

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Colon and Rectal Surgery Malpractice

Colon and Rectal Surgery Malpractice Colon and rectal surgery often referred to collectively as colorectal surgeries, carry risks and complications just as with any other surgical procedure. However, while there are such risks and complications inherent in any surgery, there are ways to minimize exposure of a patient to them – except in cases of medical malpractice, where the reverse is true. for otherwise healthy young people, unnecessary delays can lead to a lifetime of crippling disability or death. Complications and risks of any surgery include an unexpected reaction to anesthesia, infection, or excessive bleeding. Infections are of a particular risk, especially...

12 April

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Surgical Errors

Posted by Malpractice Specialists

in medical malpractice

There is nothing simple about having a surgical procedure done. Both patients and medical professionals take extreme precaution to ensure a smooth pre-operation, operation, and post-operation. Yet, even with extensive training and important routines to avoid them, doctors, nurses, or surgeons regularly make mistakes. If any medical professionals have fallen below the accepted and expected standards of care and cause their patient to sustain injuries that have a negative impact, you may be entitled to compensation. Common types of surgical errors can be having the wrong operation performed, a foreign object being left inside the body after an operation, or the wrong...

17 January

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Flu Prevention Tips

Posted by Malpractice Specialists

in medical malpractice

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...

29 December

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10 New Year’s Eve Safety Celebration Tips

Posted by Malpractice Specialists

in Event

At McMillen Law Firm we want you to have a happy, memorable, and safe New Year’s Eve.

Here’s what you should know to avoid some of the biggest dangers for the holiday and to stay safe and healthy on New Year’s Eve.

21 November

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Where to buy medical malpractice insurance

Posted by Malpractice Specialists

in Legal Advice, medical malpractice

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 https://www.medpro.com/ PPro-Assurance https://www.proassurance.com/ The Doctors Company http://www.thedoctors.com/ Mag Mutual https://www.magmutual.com/ 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...

30 October

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

Posted by Malpractice Specialists

in medical malpractice, statute

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...

16 October

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

Posted by Malpractice Specialists

in medical malpractice

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...

31 July

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Congrats to UCF on Their New Teaching Hospital, But….

Posted by Malpractice Specialists

in medical malpractice, statute

Congratulations to the University of Central Florida on obtaining state approval for building a new teaching hospital to go along with its new medical school. We are fans of UCF and wish them great success with their medical school. Unfortunately, there are two concerns that affect consumers that aren’t being mentioned in most of the news stories. The first is that they chose HCA (Hospital Corporation of America) as their partner building and running the hospital. It’s a shame they chose a “for-profit” hospital chain when there are so many outstanding non-profit hospital systems they might have partnered with, like Orlando...

24 July

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Payouts Decline for the 15th Straight Year

Posted by Malpractice Specialists

in claims, medical malpractice, statute

Medical Malpractice Payments Decline for the 15th Straight Year Insurance companies and doctors frequently complain that the rising cost of malpractice claims is a reason to place restrictions on malpractice law suits. They claim there are too many law suits and claim a need to place caps on the amounts patients can recover for severe injuries because the costs of these awards are onerous, and climbing. However, for the 15th year in a row, malpractice payouts both in Florida and nationwide, have declined, according to statistics released from The National Practitioner Data Bank. Insurance companies, of course, are interested in maintaining their bottom line and their stock holders' dividend payouts are more important than covering...

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...

Colon and Rectal Surgery Malpractice

Surgical Errors

Flu Prevention Tips

10 New Year’s Eve Safety Celebration Tips

At McMillen Law Firm we want you to have a happy, memorable, and safe New Year’s Eve.

Here’s what you should know to avoid some of the biggest dangers for the holiday and to stay safe and healthy on New Year’s Eve.

Where to buy medical malpractice insurance

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

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

Congrats to UCF on Their New Teaching Hospital, But….

Payouts Decline for the 15th Straight Year

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

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