South Florida Injury Lawyer Blog

A Florida woman that didn’t know she was pregnant and delivered her baby into the toilet in a restroom at the University Community Hospital in Carrollwood is suing the Tampa hospital for medical malpractice.

2 1/2 years ago, Robin Lumley arrived at the hospital complaining of vaginal bleeding and serious pains in her abdomen. Hospital staffers ordered tests, including a pregnancy test that was never performed, and her symptoms were documented. Lumley, who was 46 at the time and single, was reportedly never fully examined because she was in too much pain.

Hospital staffers allowed Lumley to go to the restroom, where she delivered a 6-pound baby into the toilet. The baby girl, Brianna Rose, almost drowned. She also went into respiratory arrest and sustained brain damage following her delivery. She will now require specialized medical care for life.

Lumley’s lawsuit contends that it was the hospital’s negligence in failing to detect that she was in labor that caused birthing injury to her baby. Lumley claims she did not know she was pregnant until her baby was born.

According to psychologists, women have been known to conceal their pregnancies even from themselves. Three kinds of pregnancy denials include:

• Pervasive denial
• Psychotic denial
• Affective denial

In the event that a doctor, nurse, or another health care provider fails to provide a mother in labor with the proper medical care and the mother or baby is injured as a result, the hospital and/or staffers can be held liable for Florida medical malpractice.

Woman didn't know she was pregnant, gives birth -- now hospital is sued, Sun-Sentinel.com, October 7, 2008

Characteristics of Women Who Deny or Conceal Pregnancy, Psychosomatics

Related Web Resources:

Medical Malpractice and Childbirth, WrongDiagnosis

American Pregnancy Association

University Community Hospital

Continue reading "Florida Woman that Delivered Baby into Toilet Sues Carrollwood Hospital for Medical Malpractice" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Birthing Injuries , Medical Malpractice

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At St. Mary’s Medical Center in West Palm Beach, Florida, tragedies struck two families earlier this month when similar medication mistakes led to one mother delivering stillborn twins and another baby being born born with brain damage. The hospital has admitted to the medication errors and has apologized to both families.

In the first incident,Sharee Davis checked into St. Mary’s on September 4 for a cerclage, which is a routine procedure that was supposed to prevent her from delivering her twins prematurely. She was just 17 weeks pregnant.

Instead, the medication the hospital gave her induced labor and Davis delivered stillborn twins, a boy and a girl. Davis and James Andrews, the boy’s father, say that they plan to sue St. Mary’s for medical malpractice.

Several hours after Davis gave birth, another mother, who was 23 weeks pregnant, was administered the same medication—also incorrectly. She too went into premature labor and her baby suffered brain damage.

St. Mary’s says that the medication mix-ups happened despite its existing safeguards. The hospital is working with its doctors, nurses, and pharmacists to understand how the mistakes happened and to make sure that a similar mix-up doesn't happen again.

Birthing Malpractice
Administering the wrong medication to a pregnant mother can lead to serious complications, including premature labor, stillbirths, brain damage, cerebral palsy, and other catastrophic birthing injuries. It is the responsibility of hospitals, doctors, nurses, pharmacists, obstetricians, and others responsible for the medical care of pregnant mothers and their babies to make sure that malpractice errors do not happen. Medical mistakes can be grounds for birthing malpractice or wrongful death claims and lawsuits.

Medication Mix-Up Results In Twins' Deaths, MSNBC.com, September 20, 2008

Twins' premature death blamed on hospital, WPTV.com, September 19, 2008

Related Web Resources:

St Mary's Medical Center

Cervical Cerclage, American Pregnancy Association

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Birthing Injuries , Medical Malpractice

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In Palm Beach County, the rate of woman delivering their babies by cesarean section is now over 40%--almost twice as many women as the number of women giving birth by C-section 10 years ago. This figure is also a lot higher than the national figure of 31%. Now public health officials are wondering whether all of these women needed to give birth by C-section, a costly procedure that also comes with some risk.

Some local doctors say that the surgery is a safer option for them than the risk of a botched delivery that could lead to a Florida medical malpractice lawsuit. The majority of obstetricians in the county no longer have liability coverage because it is too expensive.

Other obstetricians said the reasons they might opt to perform a C-section birth rather than go with natural delivery included:

• Decreasing the risks of a complicated pregnancy.
• The increase in fertility treatments usually results in twin (or more) pregnancies; this usually requires a C-section delivery.
• More older women are getting pregnant.
• Often, doctors will perform a C-section on a woman if her previous birth(s) required this procedure.
• Teen pregnancies may require a C-section delivery.
• Pregnant women that are obese may require a C-section delivery.
• More women want to avoid labor and/or schedule the date of birth.

Some doctors worry that denying a request by a pregnant woman to perform a C-section could lead to a medical malpractice lawsuit if the baby is injured during natural delivery. In Martin County, where the majority of obstetricians are covered for malpractice, 15% less C-section procedures are performed than in Palm Beach County, Florida.

According to court information, the number of medical malpractice lawsuits filed against Palm Beach County obstetricians has dropped as the number of C-section procedures has increased. Although C-sections are now easier to recover from than they were two decades ago and they are generally designed to lower the risk of injury to the baby and mother, anesthesia and infection risks still exist. Having an earlier delivery by C-section can also affect the development of the baby and lead to feeding, breathing, and neurological problems for the infant.

Rise in C-sections stirs health worry, Palm Beach Post, August 23, 2008

Cesarean Fact Sheet, Childbirth.org

Related Web Resource:

Birthing Defensive Mechanism: Medical Malpractice and Cesarean Sections in the United States, AllAcademic.com

Continue reading "Palm Beach County Doctors Cite Fear of Medical Malpractice as a Reason for the Increase in C-Section Deliveries" »

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Posted In: Birthing Injuries , Medical Malpractice

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A Boynton Beach plastic surgeon has been sentenced to two years in prison after he pleaded guilty to four counts of practicing without a license. In Palm Beach Circuit Court on Tuesday, Dr. Mark Schreiber issued an apology, telling the judge that he believed he was “doing the right thing.”

Schreiber’s license has been suspended three times since 1999, and several complaints about him had been filed with the state of Florida. According to his defense lawyer, Schreiber never performed any surgeries during the periods of suspension, but he did see patients for follow up visits and informed them that his license was suspended. Schreiber’s plea agreement will allow patients to obtain restitution.

One of Schreiber’s patient, Cara Hart, says she went to the Boynton Beach plastic surgeon for a breast lift three years ago and that the procedure was botched. Hart continued to visit Schreiber daily after the surgery so he could try to repair the damage. She says he treated her while his license was suspended.

Another patient, 51-year-old Sherri DiLorenzo, says that she suffered permanent disfigurement after Schreiber gave her breast implants. 49-year-old Sue Danciu says she also became permanently disfigured after the plastic surgeon performed an eye lift and a face lift. Danciu says she did not know that Schreiber didn’t have a license.
In 2005, a Boca Raton woman says that she went to Schreiber for treatment and he touched her breast and inner thigh.

The Florida Office of Insurance Regulation says at least six medical malpractice settlements totaling over $1 million have been paid to patients on Schreiber’s behalf. According to Florida records, injuries that led to the settlements included burns, damaged organs, surgical materials left in a patient, limb loss, deafness, finger loss, kidney loss, lung loss, and eye loss.

According to the American Society of Plastic Surgeons:
• There were 11.8 million cosmetic procedures in 2007.
• 20% of these procedures took place in hospitals.
• 59% of these procedures occurred in an office-based space.
• 21% of these procedures occurred in a free-standing ambulatory surgical location.

Cosmetic Surgery Malpractice
Plastic surgery malpractice can occur if the surgeon, anesthesiologist, nurse, or another practitioner makes a mistake during a procedure. Examples of cosmetic surgery injuries: facial paralysis, dangerous breast implant leaks, and scarring.

Boynton Beach plastic surgeon sent to prison for practicing without a license, Sun-Sentinel.com, August 27, 2008

Former Plastic Surgeon Headed to Prison, CBS12.com, August 26, 2008

New documentary exposes horrors of botched plastic surgery, NYDailyNews.com, July 31, 2008

Related Web Resources:

General Risks and Complications, SmartPlasticSurgery.com,

American Society of Plastic Surgeons

Continue reading "Boynton Beach Plastic Surgeon Pleads Guilty to Practicing Without A License in Florida" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Medical Malpractice

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This week, Florida’s Agency for Health Care Administration began posting reports online to allow Floridians to evaluate the services and conditions available at some 32,000 hospitals, clinics, nursing homes, surgery centers, dialysis units, and other health care centers. The reports will contain information about complaints, and findings related to medical errors, procedural errors, unsanitary conditions, and other violations. All reports written after June 1, 2008 will be published online.

The reports should be helpful in a state that is considered the nation’s capital for many doctors that lack medical malpractice insurance. While Florida requires podiatrists, chiropractors, midwives, optometrists, nurses, and acupuncturists to carry insurance, doctors can forego insurance if they promise to pay up to $250,000 per medical malpractice award (with a $750,000 per year maximum).

In 2003, Florida lawmakers limited pain and suffering awards to half a million dollars for personal injury lawsuits or $1 million dollars for wrongful death cases. They did not place a limit on payments for medical costs.

In Florida, the best way to increase your chances of obtaining medical malpractice compensation is to retain the services of an experienced medical malpractice law firm.

Our South Florida injury lawyers are experienced in dealing with all kinds of injury and wrongful death cases involving medical malpractice. We know how to successfully pursue a claim against a doctor, a hospital, a nursing home, a surgeon, or another health care provider.

We know how devastating it can be to seek medical attention and end up injured as a result. Health care providers are required to provide a certain level of care. Failure to provide that care can be grounds for a Florida medical malpractice lawsuit if someone gets hurt or dies.

Inspection reports of health facilities now available online, Sun-Sentinel.com, August 13, 2008

Uninsured doctors on the rise in South Florida, Sun-Sentinel.com, July 27, 2008

Related Web Resources:

Agency for Health Care Administration Public Record Search, MyFlorida.com

FloridaHealthFinder.gov

Continue reading "Florida Residents Can Now Go Online To Find Out About Violations Made By Hospitals, Nursing Homes, Surgery Centers, and Clinics" »

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Posted In: Medical Malpractice

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Florida Lt. Governor Jeff Kottkamp has arrived at a settlement agreement over his personal injury lawsuits filed against Lee Memorial Hospital and three companies. While Lee Memorial Hospital revealed that its portion of the settlement was $200,000, the settlement terms between Kottkamp and three of the companies remain confidential.

Kottkamp sustained physical injuries and a fungal infection after undergoing heart surgery at the Southwest Florida hospital. His lawsuit alleges that the improper maintenance of the hospital roof caused mold to enter the operating room, resulting in his infection.

Kottkamp had to be placed in an induced coma for several weeks so multiple surgeries could be performed to scrape mold from his chest. He then underwent several reconstructive surgeries to repair his chest cavity and replace a deteriorated sternum.

One personal injury lawsuit accuses Bovis Lend Lease Inc., Sheet Metal of Florida, and Crowther Roofing, as well as John J. Kirlin Inc. of negligence. All of the companies were involved in doing renovations at the hospital prior to his surgery. The other personal injury lawsuit is a medical malpractice case against the hospital, Dr. Stephen Zellner, and Internal Medicine Associates of Lee County. Kottcamp’s personal injury attorney says that Zellner delayed treatment of Kottcamp’s fungal infection.

Examples of Medical Malpractice

• Delayed Diagnosis
• Wrong Diagnosis
• Surgical Errors
• Prescribing the wrong medication, too much medication, or not enough medication
• Delay in surgery or other procedures

In certain personal injury cases, more than one party can be held negligent for the harm suffered by the victims and/or their families. A good South Florida personal injury law firm can help you pursue all avenues of recovery.

Lt. Gov. Kottkamp reaches settlement with Lee Memorial Hospital, News-Press.com, July 18, 2008

Jeff Kottkamp's professional conversion, Tampabay.com, November 2, 2006

Related Web Resources:

Lieutenant Governor Jeff Kottkamp, Flgov.com

Lee Memorial Hospital

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Posted In: Medical Malpractice

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In a split decision, the 11th Circuit Court of Appeals in Atlanta has lowered the award amount that the parents of a boy born with serious brain damage in 2003 at the Mayport Naval Station obstetrics clinic in Jacksonville, Florida will receive.

The Florida birthing malpractice award—originally for $60.5 million—to Kevin Bravo Rodriguez’s family had already been reduced to $40.5 million. But the federal appeals court says this amount is also too much.

The court, however, did not dispute that the hospital and staff members acted negligently. As US Circuit Judge Ed Carnes wrote in the decision, “not… whether the government should pay… but… how much it must pay." The family’s birthing malpractice lawyer plans to appeal the ruling.

With the original award, a judge in Miami ruled that obstetrician Ken Kushner delayed performing a Caesarean operation on Kevin’s mother for too long. Her labor lasted over 20 hours. Kevin wasn’t breathing when he was born. US District Judge Gonzalez first awarded $60.5 million before reducing it to $40.5 million. $10 million had been awarded for economic damages, but because Kevin died, this portion of the award is gone.

This was the largest verdict issued against the government under the Federal Tort Claims Act. If the appeals court decision stands, the injury case will be retried as a wrongful death lawsuit. Although Dr. Kushner was a contracted civilian and not a naval worker, the court also held the Navy was liable for Kevin’s injuries.

Birthing malpractice can cause catastrophic injuries to infants, including:

• Cerebral Palsy
• Facial Paralysis
• Broken Bones
• Bruising
• Brachial Palsy
• Brain Damage
• Wrongful Death

With offices in West Palm Beach, Miami, and Port St. Lucie, our Florida birth injury attorneys have helped many parents recover compensation for the harm suffered by their babies and families because of birthing errors.

Court chops into hospital award, Jacksonville.com, July 8, 2008

Related Web Resources:

Birth Injuries, University of Virginia Health System

Naval Hospital Jacksonville

Continue reading "Birthing Malpractice Award For Parents of Boy Born With Serious Brain Damage in Florida Naval Hospital is Reduced Again" »

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Posted In: Medical Malpractice

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A Florida woman is suing a Winter Park dentist for dropping a medical screwdriver and a torque wrench down her father’s throat. In Anne Greer’s dental malpractice lawsuit, she alleges that Dr. Wesley Meyer’s negligence contributed to Charles Gaal’s death.

Gaal had gone to Meyers in October 2006 for implants to secure his dentures when the dentist accidentally dropped the screwdriver down the 90-year-old patient’s throat. Gaal had to undergo a colonoscopy so the screwdriver could be extricated from his large intestine.

Gaal returned to Meyers in May 2007 for the implant procedure. This time, Meyer’s dropped a torque wrench down the elderly man’s throat. Meyers underwent surgery to remove the tool, which had aspirated into his left lung. Gaal spent 50 days in the hospital as a result of the accident and died from complications in June 2007.

Greer says that her father died because Meyer caused his death. She says she has problems sleeping because of the tragedy.

After conducting an investigation, the Florida Department of Health filed a complaint accusing Meyers of negligence, failing to provide Gaal the required standard of care, negligent recordkeeping, and failure to report the accident.

Meyers, who reached a settlement with the Board of Dentistry, was told not to perform any more implants until he receives further training. He continues to practice dentistry.

Common Kinds of Dental Malpractice Accidents include:

• Giving a patient defective oral device.
• Surgical errors.
• Failure to consider patient’s medical history before performing a procedure.
• Failure to diagnose periodontal disease.
• Failure to diagnose oral cancer.
• Tooth extraction-related errors.
• Anesthesia complications.

Please contact our Florida dental malpractice law firm if you or someone you love was hurt because a dentist or another medical provider was negligent.

State fines dentist $17,000 in patient's death, Orlando Sentinel, June 20, 2008

Dentist Accused Of Losing Tools Down Patient's Throat Before Death, WKMG, June 20, 2008

Dental Malpractice Cases: Should You Consult an Attorney?, Associated Content

Related Web Resource:

Complaints About Dental Care, DentalWatch.org

Continue reading "Florida Dentist Sued For Malpractice" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Medical Malpractice

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In South Florida, a Broward County jury has ordered the North Broward Hospital District to pay the Lauderhill family of 8-year-old Darian Brown $35 million for medical malpractice. Darian sustained irreversible brain damage because of medical errors that took place during his birth at Broward General Medical Center.

On January 10, 2000, when Denise was still pregnant with Darian, her doctor noticed during a routine checkup that Denise’s heart rate was beating unusually fast. She was admitted to the hospital and began pre-term labor three days later. Medical staff managed to stabilize Denise and the baby, but the next day, at around 2:40AM, their condition grew worse.

The Brown’s lawsuit alleges that nurses were negligent because they waited two hours before calling Denise’s doctor. The doctors, who did not deliver Darian until 7am that morning, are accused of failing to delivery the baby in a timely manner.

As a result of his birth injuries, Darian is profoundly mentally impaired, is unable to make decisions, cannot walk or feed himself, and will require lifelong specialized care. The $35 million jury award will allow his parents, Denise and David Brown, to hire 24-hour care for Darian and buy a van with a wheelchair lift. To support Darian and their other three young children, David has had to work the night shift, so Denise could work during the daytime.

Birthing Malpractice
Medical errors that occur prior to, during, or after delivery can cause serious and permanent injuries to a baby. Birth injuries can be caused by a number of medical malpractice errors, such as failure to diagnose/treat the mother’s high blood pressure, failure to deliver the baby in a timely manner, failure to perform an emergency C-section, errors involving forceps delivery or vacuum extraction, and errors that prevent a baby from getting enough oxygen.

Please contact our South Florida medical malpractice law firm to discuss your case.

Lauderhill family with brain-damaged son wins $35 million malpractice verdict, Sun-Sentinel.com, June 19, 2008

Medical Malpractice & Childbirth, Wrongdiagnosis.com

Related Web Resources:

Birth Injuries

Broward Health

Continue reading "Broward County Jury Awards South Florida Family $35 Million for Medical Malpractice that Caused Son’s Birth Injury" »

Posted by David J. Halberg, Esq. | Permalink | Email This Post

Posted In: Medical Malpractice , Traumatic Brain Injury

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