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...

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...

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.

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

Appeals court upholds count against hospital

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.

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

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