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

We're easy to talk to

and always working

Email

Search
Menu

Statute of Limitations vs. Repose

working over numbers to buy

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...

Continue reading

Cancer Misdiagnosis Malpractice

Doctor speaking to patient

Cancer Misdiagnosis Malpractice A cancer diagnosis can be complex and time-consuming. A doctor’s failure to properly diagnose cancer may give rise to a viable medical malpractice case. When patients believe that medical negligence was the cause of their cancer misdiagnosis, the patients and their families should seek the legal assistance of a cancer misdiagnosis lawyer. A cancer misdiagnosis lawyer can review the case’s facts, file a medical malpractice lawsuit, and follow-through with the legal process. Cancer Misdiagnosis Case Elements As with any medical malpractice lawsuit, the party claiming malpractice occurred is required to prove a cancer misdiagnosis. This means that the plaintiff is responsible...

Continue reading

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...

Continue reading

Gallbladder Surgery Errors

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...

Continue reading

What are the effects of a stroke?

Showing brain synapses

What are the effects of a stroke? The effects of a stroke vary, depending on the affected area of the brain and how long it took to receive treatment. A delay in diagnosis can result in more brains cells dying or being damaged. Some people only experience minor effects after a stroke, such as a difficulty with coordination or fatigue. Others may need to relearn basic functions, such as walking and swallowing, and they will need ongoing support. Strokes can affect many functions, including: Vision Approximately one-third of people who experience a stroke have problems seeing afterward. These can range from some blurring in...

Continue reading

Stroke Medical Malpractice

X-ray of the human skull

[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...

Continue reading

Surgical Errors

Nurse looking off in distance

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...

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

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