medical malpractice lawyers in florida
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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...

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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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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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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...

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Where to buy medical malpractice insurance

working over numbers to buy

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

Court room to set caps on damages

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...

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

Florida Medical Malpractice Specialists

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...

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