Recent Blog Posts
What is the Difference Between Wrongful Death and Medical Malpractice?
One of the most common questions individuals ask Miami medical malpractice attorneys involves the distinction between med mal claims and wrongful death. Some of the confusion probably lies in the fact that the two legal concepts are closely related. When a health care provider engages in medical negligence as defined by Florida law, the… Read More »
Leading Causes of Medical Malpractice by Florida Internists
When you think about the health care providers most likely to be negligent in providing treatment, OB/GYNs, surgeons, and doctors in medical specialties might come to mind. However, you might change your mind when you realize that misdiagnosis accounted for more than half of all medical malpractice claims in a JAMA Internal Medicine study…. Read More »
6 Steps to Take if You Are a Victim of Medical Malpractice in Florida
For a patient, it can be difficult to accept that your Florida healthcare provider could be responsible for making a critical error in providing care. Yet, your symptoms, worsening of your condition, deteriorating well-being, and other factors all seem to point in the direction of medical malpractice. Frustration, fear, anger, and other emotions are… Read More »
Why is it so Hard to Prove Stroke Malpractice in Florida?
There are many legal bases for a medical malpractice lawsuit, but these matters are rarely as clear-cut as a sponge or other item being left inside the patient after surgery. One of the most complicated types of cases in Florida is stroke malpractice, which may involve an error in treatment or misdiagnosis. In studying… Read More »
Life Care Plans for Children with Birth Injury-Related Cerebral Palsy
A diagnosis of cerebral palsy can have a tremendous emotional impact on the family – especially when the condition was caused by a Florida health care provider’s medical mistake. The financial implications regarding the costs of medical care after a devastating birth injury are also difficult for families to deal with. Statistics from the… Read More »
Florida Medical Malpractice Claims for the “Big Three” in Misdiagnosis
A misdiagnosis by a Florida health care provider can lead to disastrous consequences for the patient, but there are certain types of diagnosis mistakes that are more prevalent and devastating than others. Researchers at Johns Hopkins Medicine refer to these scenarios as the “Big 3” for purposes of misdiagnosis. Diagnostic errors are already the… Read More »
Patient Rights After a Botched Appendectomy
While the appendix is a relatively small organ that has no apparent function in the human body, it can lead to life-threatening complications when inflamed. Appendicitis causes severe pain in the lower right part of the belly, nausea, and vomiting, but the most serious issues result from a ruptured appendix. As such, a timely… Read More »
Exploring the Links Between Brain Injuries and Medical Malpractice
Head injuries are a serious concern, but you may not realize the risks until you review the numbers. According to the Brain Trauma Foundation, around 2.5 million people suffer traumatic brain injury (TBI) every year. More than 50,000 die as a result of their injuries, and another 80,000 are permanently disabled. The leading causes… Read More »
“Induced Addiction” May Constitute Medical Malpractice Under Florida Law
When physicians prescribe medications that could be addictive, they have a duty to make sure patients understand the risks and the need to monitor for signs of addition. Unfortunately, some health care providers may be careless with their responsibilities, potentially leading to abuse and associated harm. One of the most well-known, prevalent issues involves… Read More »
What to Expect During Arbitration in a Florida Medical Malpractice Case
One of the initial stages of litigation in a Florida medical malpractice case is the pre-suit investigation and response provided by the prospective defendant after receiving notice that you intend to file a lawsuit to recover damages. The statute allows the health care provider 90 days to look into your allegations and either: Reject… Read More »
Evaluating Pain and Suffering in Florida Med Mal Cases
Florida once again ranked in the Top 10 US states for medical malpractice payouts according to the 2019 Medical Malpractice Payout Report prepared by LeverageRx, an analytics resource and insurance marketplace for doctors. Another key finding in the publication is that, after a steady increase over the last few years, the average settlement for… Read More »
Can Doctor Bias be the Basis for a Florida Misdiagnosis Claim?
You would never expect that health care professionals could be guilty of allowing bias to affect the practice of medicine, but it’s a bigger problem than you think. According to findings from a survey published by WebMD, as many as 4 in 10 physicians admit that preconceived notions about a patient affect their judgment… Read More »
STAFFING ISSUES IN NURSING HOMES CAN HAVE SEVERE CONSEQUENCES FOR OUR ELDERLY
To try to stay updated on Covid-related developments here in Florida (ie: for purely non-political reasons), I started following Florida Governor Ron DeSantis on Twitter at the beginning of the Pandemic. Just a couple days ago, a tweet from the Governor came up on my feed indicating that, since the Pandemic Florida has established… Read More »
Unique Factors in Medical Malpractice with the Elderly
Medical malpractice is a serious concern in any context, but the effects and implications are even more problematic when the victim is an elderly person. In a report on medical malpractice claims involving the elderly, the Medicare Payment Advisory Commission reported that patients over age 70 were considerably more likely to suffer severe injuries… Read More »
How Much Does It Cost to File a Medical Malpractice Claim in Florida?
Many people ask their Florida medical malpractice attorney this question, and may be surprised to learn that the answer is: “It depends.” The truth is that every case involving medical error or negligence is different, so it is not possible to give an exact dollar value without knowing the specifics of your situation. However, it may… Read More »