medical malpractice lawyers in florida
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Statute of Limitations vs. Repose

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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...

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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...

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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...

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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...

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Appeals court upholds count against hospital

Lady Justice holding scale

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...

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Where to buy medical malpractice insurance

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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...

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Do you know which president died from medical malpractice?

Capitol Building

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...

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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...

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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...

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

Scales of justice for injury lawyer

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”...

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