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...

21 June

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Colon and Rectal Surgery Malpractice

Posted by Malpractice Specialists

in medical 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...

14 June

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Shoulder Dystocia Malpractice

Posted by Malpractice Specialists

in medical malpractice

Shoulder Dystocia Malpractice There are a lot of things that a new parent needs to worry about when taking on the challenge of raising a child. Severe and permanent injuries from the birthing process should not be one of them. Unfortunately, due to physician oversight, inattention, or improper training, some babies are harmed during their delivery. During difficult deliveries, some doctors can make abrupt decisions to use tools such as vacuum extractors and forceps. These tools shouldn’t always be used, and, when they are they can be used in manners that cause brain damage or other trauma that likely will never be...

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...

09 March

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Appeals court upholds count against hospital

Posted by Malpractice Specialists

in medical malpractice

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...

10 November

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Do you know which president died from medical malpractice?

Posted by Malpractice Specialists

in medical malpractice

One of the Presidents of the United States was Killed by Medical Malpractice Here is the story of President James A. Garfield: 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...

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...

20 May

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Appeals court invalidates release form the surgeon made a patient sign BEFORE surgery

Posted by Malpractice Specialists

in High Pressure, Legal Advice, Necessary Forms

Before performing spinal fusion surgery, the surgeon had the patient sign a release form stating the following: As of January 1, 2013, [the doctor] will not carry any medical malpractice insurance. Being of sound mind and sound body, I hereby acknowledge this fact and agree not to sue [the doctor] for any reason. My reason for doing this is that I realize that [the doctor] and his staff will do the very best to take care of me according to community medical standards. During the surgery, the patient’s ureter was allegedly cut, causing significant injury. The patient sued the surgeon, and the...

Statute of Limitations vs. Repose

Colon and Rectal Surgery Malpractice

Shoulder Dystocia Malpractice

Gallbladder Surgery Errors

Stroke Medical Malpractice

Appeals court upholds count against hospital

Do you know which president died from medical malpractice?

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

Appeals court invalidates release form the surgeon made a patient sign BEFORE surgery

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