South Florida Injury Lawyer Blog

A 28-year-old woman who says a male nurse sexually assaulted her is suing Bethesda Memorial Hospital for Boynton Beach personal injury. In her Palm Beach County sexual abuse lawsuit, she identifies herself as ‘Jane Doe.’

The woman says the assault happened last September. She had been admitted to the Boynton Beach hospital for treatment of a digestive order and she says that she woke up to find enneth Shing-Cheung Lee inappropriately touching her. She says that she immediately ran to the nurse’s situation to report what happened. The woman contends that hospital officials didn't take her claims seriously, which is why she contacted police.

The accused nurse has denied the sex abuse allegations. However, the plaintiff said that she doesn’t think this is the first time that he has sexually abused a patient.

Sexual Abuse and Assault by Medical Professionals
Working in close physical proximity with patients gives doctors, nurses, and other medical professionals intimate physical access to each person, which can make it easy for those seeking to molest or sexually assault another person to commit this crime. Unfortunately, the sexual abuse of patients at hospitals, assisted living facilities, and in other nursing and medical care settings happens more often than you’d like to think.

Not only is this wrongful action medical negligence on the professional’s part, but also it is a crime and can be grounds for a Boynton Beach personal injury lawsuit seeking damages for sex abuse/assault. Even lasting longer than the physical injuries are the emotional and psychological scars that can remain following an incident of sexual abuse. There is no way to quantify the extent of all your injuries, but this doesn’t mean you cannot hold your assailant or any party that allowed the abuse from happening liable in civil court.

Sex Abuse Lawsuit Filed Against S. Fla. Hospital, CBS Miami, December 8, 2011

Woman claims sexual assault by Bethesda Memorial nurse, files lawsuit, Palm Beach Post, December 8, 2011

More Blog Posts:
Child Sex Abuse Scandal Rocks Penn State and Leads to Ousting of Legendary State football coach Joe Paterno, South Florida Injury Lawyer Blog, November 9, 2011

$550,000 Miami Injury Settlement Approved for Woman Who Was Kidnapped and Raped by Cop, South Florida Injury Lawyer Blog, October 14, 2011

St. Lucie County Personal Injury Lawsuit: Teacher Accused of Florida Sex Abuse, South Florida Injury Lawyer Blog, October 4, 2011

A Miami Garden’s woman almost died after someone claiming to be a doctor injected her buttock with a mixture of mineral oil, cement, and Super Glue last year. The concoction was supposed to give the patient a butt lift but instead almost killed her.

The victim went to three hospitals before doctors finally diagnosed the problem. She continues to suffer from health issues and she is receiving home health treatments.

The woman, whose name is being kept confidential due to medical privacy laws, paid someone to do the procedure. She says that she was screaming in pain the whole time and not all of the injections could be administered because of this. Her “doctor,” a person named Oneal Ron Morris, then allegedly closed up her wounds with Super Glue before sending her home.

A day later, the woman was still in pain and feeling sick and she sought medical help. It took visits to three hospitals before a doctor was able to diagnose and treat her condition. Because she was afraid of being charged over the incident, she left the third hospital after staying there for several days. It took a health investigator until March 2011 to find her.

Meantime, Morris proved elusive until yesterday when she was arrested and charged with causing bodily harm and practicing medicine without a license. Investigators believe she is part of a group of scammers in South Florida that offer home buttocks augmentations and “pumping parties.”

Miami-Dade Personal Injury
If you believe that someone’s reckless or negligent acts caused you to get sick or hurt, you may have grounds for a Miami Gardens personal injury case. Medical negligence is also reason for a Miami-Dade medical malpractice complaint.

Unfortunately, Miami plastic surgery malpractice can happen—especially in Florida, where cosmetic procedures are extremely popular. You should be compensated for the harm that you suffered.

'Doctor' accused of injecting cement into woman's buttocks, Palm Beach Post, November 18, 2011

Police say fake doctor injected Fix-A-Flat, OC Register, November 21, 2011

More Blog Posts:
$10.3M Palm Beach Medical Malpractice Award Will Stand, Says the Florida Supreme Court, South Florida Injury Lawyer Blog, November 11, 2011

Broward County Plastic Surgery Malpractice Lawsuit Filed in Liposuction Patient’s Alleged Florida Wrongful Death from Anesthesia Complications, South Florida Injury Lawyer Blog, October 21, 2011

Man to File Lauderhill Medical Malpractice Lawsuit in Wife’s Broward County Wrongful Death Following Butt Enhancement Surgery, South Florida Injury Lawyer Blog, April 29, 2011

Miami Woman Dies After Undergoing Lauderhill Plastic Surgery, South Florida Injury Lawyer Blog, December 31, 2010

Even though state law puts a medical malpractice non-economic damages, the Florida Supreme Court has determined that the $10.3M Palm Beach medical malpractice verdict in Harvey Raphael’s Florida wrongful death case can stand. However, the court didn’t rule directly on the Raphael verdict. Instead, it referred to a decision it made earlier this year striking down a decision by the state’s legislature to make the medical malpractice caps law retroactive.

Raphael sustained irrevocable hurt damage in 2003 when ER Dr. James Schecter at Palms West Hospital failed to give him Retavase, which was the anti-clotting drug that he needed. This occurred three months before Florida’s medical malpractice caps went into effect.

While attorneys for the Schecter claimed that the Palm Beach County medical malpractice lawsuit was filed two years after the caps became official, the Raphael family’s Florida wrongful death lawyer contended that what mattered wasn’t the date of when complaint was filed but when Raphael actually got hurt, which was before the caps went into effect. The Fourth District Court of Appeal upheld the verdict in 2009. However, because Schecter’s insurance policy limit is $1 million, the plaintiffs’ Palm Beach medical malpractice attorney will have to pursue a bad faith claim against the doctor’s insurance company to push for the full verdict amount.

Under Florida law, the caps for non-economic damages involving medical negligence is $500,000 per claimant in civil suits against health care practitioners, such as a surgeon or a doctor. When the defendant is a non-practitioner, such as a hospital, then the cap is $750,000. If death or a permanent vegetative state was the outcome as a result of medical negligence, then the non-economic damages are $1M and $1.5M respectively. For injuries from emergency care involving a practitioner defendant, there is a $100,000 non-economic damages cap for all claimants that cannot go above $300,000. With nonpractitioner defendants, it is a $750,000 cap per claimant that cannot exceed $ 1.5 million.

Supreme Court lets stand $10.3 million award in Palm Beach County medical malpractice case, Palm Beach Post, November 9, 2011

More Blog Posts:
Broward County Plastic Surgery Malpractice Lawsuit Filed in Liposuction Patient’s Alleged Florida Wrongful Death from Anesthesia Complications, South Florida Injury Lawyer Blog, October 21, 2011

$4.5M Palm Beach Birthing Malpractice Case Awarded to Family of Bryan Santana, South Florida Injury Lawyer Blog, September 13, 2011

Depositions in Boynton Beach Wrongful Death Lawsuit Involving 81-Year-Old Woman Who Bled Out After Botched 911 Calls Are Underway, South Florida Injury Lawyer Blog, August 19, 2011

The family of Kellee J. Lee-Howard is suing her doctor for her Broward County wrongful death. Lee-Howard died on February 14, 2010, one day after undergoing liposuction.

Her surgeon, Dr. Alberto Sant Antonio was not certified to perform this procedure. According to Howard’s loved ones, he improperly administered the anesthesia to her, which resulted in her death.

Sant Antonio not only lacks the board-certification to perform plastic surgery, but also, per the plaintiffs, he lacks the qualifications to administer anesthesia, did not have someone that was present during the procedure, and was ill prepared to deal with the side effects that anesthesia can cause. According to USA Today, an expert witness for Lee- Howard’s family's Broward County plastic surgery malpractice case said that the amount of Lidocaine in her body demonstrated a “basic misunderstanding” of patient safety and pharmacology.

Lee-Howard is not the first patient to die following plastic surgery while under Sant Antonio’s care. Another woman, Maria Shortall, went into cardiac arrest during liposuction. According to a complaint filed with the state, the surgeon failed to properly monitor Shortall’s vitals, did not have the necessary equipment to revive her, failed to provide her with appropriate emergency care, and did not diagnose that her heart had failed quickly enough. Shortall’s family is also suing for Florida wrongful death.

Unfortunately, in Florida, more doctors are performing cosmetic surgery even though they lack the proper training. Some even start performing plastic surgery after spending just a couple of days watching other doctors. For example, per USA Today, there are now dentists inserting best implants and gynecologists doing tummy tucks. The consequences can be catastrophic, such as for Rohie Kah-Orukotan, who died after liposuction in Weston. Lidocaine toxicity was cited as her cause of death.

The doctor who performed the surgery on Kah-Orukotan had a background in occupational health. Her family is suing for Weston medical malpractice and wrongful death.

Plastic surgery, even when done for cosmetic purposes, is still surgery. This often requires a surgeon to go cut into the body. It is important that the surgeon that perform your procedure is qualified to do a proper job. Otherwise, medical mistakes may occur that can cause serious health complications.

Lack of training can be deadly in cosmetic surgery, USA Today, September 15, 2011

Mother Dies Post-Op at Weston Plastic Surgery Clinic, Lawsuit Claims, BrowardPalmBeach.com, July 12, 2011

Fat tissue from plastic surgery killed Davie woman, autopsy shows, Sun-Sentinel, September 16, 2011

Lipo Doctor Tried to Save Patient: Attorney, NBC, September 30, 2009

More Blog Posts:
Man to File Lauderhill Medical Malpractice Lawsuit in Wife’s Broward County Wrongful Death Following Butt Enhancement Surgery, South Florida Injury Lawyer Blog, April 29, 2011

Miami Woman Dies After Undergoing Lauderhill Plastic Surgery, South Florida Injury Lawyer Blog, December 31, 2010

Boynton Beach Plastic Surgeon Pleads Guilty to Practicing Without A License in Florida, South Florida Injury Lawyer Blog, August 29, 2008

Continue reading "Broward County Plastic Surgery Malpractice Lawsuit Filed in Liposuction Patient’s Alleged Florida Wrongful Death from Anesthesia Complications" »

A jury has decided to award the parents of 2-year-old Bryan Santana $4.5 million in Palm Beach medical malpractice damages in their civil case against Perinatal Specialists of the Palm Beaches, OB/GYN Specialists of the Palm Beaches, and Dr. Marie Morel. Santana, now 2, has one leg and no arms. He was born in October 2008.

Ana Mejia and Rodolfo Santana sued the defendants for Palm Beach birthing malpractice claiming that Mejia would have never carried the pregnancy to term if they were aware of their son's severe birth defects. Yet even though Mejia underwent more than one ultrasound, her OB/GYN and technicians at both centers failed to notice that their son was missing three limbs. The two of them said they didn't know until after they saw their son that he would be so severely impaired. The defendants’ attorneys, meantime, countered that Bryan’s parents should have agreed to an amniocentesis, which might have detected their son’s abnormalities. The couple, however, said they decided not to have that procedure because they feared that doing so might cause Mejia to miscarry.

Mejia and Santana had originally sought $9 million. They made it clear, however, that the compensation they were seeking isn't for their own mental trauma and emotional anguish but for their son's wheelchairs, surgeries, attendants, prosthesis, and other needs he will require for the rest of his life. The jury awarded them half that amount when they decided that the ultrasound technician was 15% liable, while 85% of the liability was assigned to Dr. Morel, for errors made that resulted in the incorrect reading of the ultrasound results. The defendants plan to appeal the verdict.

There are medical procedures and tests available that a mother can undergo during pregnancy to make sure that the fetus is a viable and healthy one. These tests are also important for determining whether there are any birth defects that might so serious that terminating the pregnancy is best option.

Jury awards West Palm Beach parents of child born with no arms, one leg $4.5 million, Palm Beach Post, September 10, 2011

Couple sues doctor for baby's disabilities, UPI, September 8, 2011

Related Web Resources:
Birth Defects, MedLinePlus

Birth Defects, American Pregnancy Association

More Blog Posts:
Florida Medical Malpractice Cap Upheld by US Appeals Court, South Florida Injury Lawyer Blog, May 29, 2011
Palm Beach County Doctors Cite Fear of Medical Malpractice as a Reason for the Increase in C-Section Deliveries, South Florida Injury Lawyer Blog, September 15, 2008

Report Links Topamax to Birth Defects, South Florida Injury Lawyer Blog, July 22, 2008

Continue reading "$4.5M Palm Beach Birthing Malpractice Case Awarded to Family of Bryan Santana" »

Last year, our Palm Beach County personal injury lawyers blogged on the Boynton Beach wrongful death case of widower Sidell Reiner, who lost his wife Seymour Reiner. The 81-year-old woman died in 2009 after bleeding to death while making Thanksgiving dinner. Now, in Palm Beach County Circuit Court, depositions in the case are taking place.

Seymour bled to death after dropping a wine glass on her foot and cutting herself on November 26, 2009. She called 911 several times, but, unfortunately, Comcast couldn’t locate her residence. It was almost 17 minutes before rescuers arrived at her her home, but because she couldn’t answer the door and no one could see her, they left the premise. By the time Sidell arrived home, his wife was dead from a severed artery in her foot.

Sidell has sued Comcast, the city of Boynton Beach, Deltacom (contracted for operator services), and the Palm Beach County Fire-Rescue. He believes that his wife might have survived if only the defendants hadn’t been negligent. They are all claiming that they did nothing wrong.

While the defendants say they completed their legal obligations in the manner in which they handled Seymour’s call, Sidell’s Palm Beach County wrongful death team disagrees. The plaintiff's side contends that tracking down her address shouldn’t have been a problem for Comcast or Deltacom—regardless of the fact that she pressed 0 instead of dialing 911—and that fire-rescue team members should have made a more solid effort to make sure that no one at the Sidell residence was in real trouble rather then concluding that there was no one there. If a paramedic had knelt down and looked through the clear glass placed below a stained glass window next to the door, he/she would have seen blood and shattered glass on the floor. It is important to note that negligence by an emergency medical worker can be grounds for a Palm Beach paramedic malpractice case.

As you can see, there may be more than one party who should be held liable for your loved one’s Palm Beach wrongful death. A liable party also doesn’t have to be the direct cause of someone’s passing to be sued for negligence. In some cases, it will be someone’s failure to act or fulfill a duty of care or actions that indirectly contributed to someone’s Florida wrongful death that will be the reason for damages.

Dying woman's phone calls for help tragically mishandled, attorney says, Sun-Sentinel, August 21, 2011

Suit filed after grandma bleeds to death, WPTV, October 27, 2010

Related Web Resources:
Comcast

Palm Beach County Fire-Rescue

More Blog Posts:
Widower Files Palm Beach County Wrongful Death Lawsuit Against Comcast Over Botched 911 Call, South Florida Injury Lawyer Blog, October 28, 2010

Mother Files Broward County Wrongful Death Lawsuit Over 2009 Coral Springs Car Crash that Killed Her Teenage Son, South Florida Injury Lawyer Blog, August 5, 2011

West Palm Beach Wrongful Death Lawsuit Filed in Fatal Roof Fall from Pub Deck, South Florida Injury Lawyer Blog, May 30, 2011

According to the state’s highest court, the parents of Trista Bennett can sue St. Vincent's Medical Center for Florida medical malpractice instead of going through a state fund for birthing injuries. The girl, now 10, sustained permanent brain damage after her delivery.

Bennett was delivered by C-section at the hospital after her mother was involved in a car accident. The infant had to be resuscitated after her birth. She later developed respiratory distress and was moved from the newborn nursery to the special care section. She then started to experience kidney problems and liver issues. On October 3, 2001, Bennett stopped breathing after suffering from a pulmonary hemorrhage.

In their Florida medical malpractice complaint, Tammy and Robert Bennett are accusing obstetrician-gynecologist Dr. William H. Long and the hospital of negligence. They believe their daughter was given too much intravenous fluid and that the hospital waited until it was too late to test her for serum electrolyte derangements.

The hospital had contended that the Florida medical malpractice case fell under the state’s Birth-Related Neurological Injury Compensation Plan, which is a non-fault program that is supposed to cover the birth-related neurological injuries of newborns who did not get enough oxygen during labor, delivery, and resuscitation. The Bennetts, however, claimed that their daughter’s brain injury occurred after the “post-delivery period,” and they therefore can sue.

An administrative law judge sided with the Bennetts. The Florida First District Court of Appeal then reversed the ruling. Now, the Florida Supreme Court of Florida has overturned the appellate court’s ruling.

Brain-damaged girl's parents can sue hospital and doctor, Florida court rules, American Medical News, August 1, 2011

Read the Florida Supreme Court's Decision (PDF)

Related Web Resource:
The Florida Birth-Related Neurological Injury Compensation Plan

More Blog Posts:
Florida Woman that Delivered Baby into Toilet Sues Carrollwood Hospital for Medical Malpractice, South Florida Injury Lawyer Blog, October 7, 2008

West Palm Beach Parents that Gave Birth to Stillborn Twins Say They Will Sue Florida Hospital For Medical Malpractice, South Florida Injury Lawyer Blog, September 29, 2008

Palm Beach County Doctors Cite Fear of Medical Malpractice as a Reason for the Increase in C-Section Deliveries, South Florida Injury Lawyer Blog, September 15, 2008

Continue reading " Florida Supreme Court Says Family Can Sue Hospital for Girl’s Brain Damage Injuries" »

A jury has ruled in favor of Susan Kalitan and awarded her a $4.7 million verdict for Broward County medical malpractice. The woman sustained personal injuries during a botched medical procedure that resulted in anesthesia complications in 2007.

Doctors were supposed to treat her carpal tunnel. Instead, she contends, medical instruments used on her during general anesthesia created a hole in her esophagus, which caused all the food she swallowed to end up in her chest cavity. Also, there was a student nurse on the anesthesia team for her surgery.

Just one day after being discharged from Broward General Medical Hospital, Kalitan was rushed to West Side Regional and had to undergo emergency surgery. Following that, she stayed in ICU for weeks, was unable swallow for months, and needed a feeding tube. She still has problems swallowing and feels numbness and pain on one side of her body.

Florida Anesthesia Malpractice
Aesthesia injuries and other complications can result in devastating consequences for patients. Permanent injury, brain damage, and death are among the worst outcomes. Examples of other injuries that can result from South Florida anesthesia mistakes include:

• Positioning injuries
• Compression injuries
• Stretch injuries
• Throat injuries
• Collapsed left lung
• Pneumopericardium
• Laryngospasm
• Emesis
• Aspiration
• Nerve damage
• Systemic toxicity
• Infection
• Anesthesia awareness
• Hypertension
• Lip injury
• Teeth injury
• Heart attack
• Stroke
• Hematoma
• Swelling

Anesthesia-related injures can take place during surgery, before, after, or during the birth of a child. Anesthesia mistakes can also happen during dental procedures that require that the patient be sedated or unconscious.

Proving anesthesia-related negligence can be tough. Many hospitals will try to set up barriers to avoid liability, such as treating anesthesiologists as independent contractors that they are not responsible in the event of Florida medical malpractice, and evidence can be hard to come by unless you know exactly what to look for and where.

Hospital to Pay $4.7M For Botching Anesthesia, NBC Miami, June 17, 2011

Woman awarded $4.7 Million in malpractice, WSVN, June 18, 2011

Related Web Resources:
Strong Medical Malpractice Cases, Nolo

Damages in Medical Malpractice Cases, Nolo

More Blog Posts:
Florida Medical Malpractice Cap Upheld by US Appeals Court, South Florida Injury Lawyer Blog, May 29, 2011

Man to File Lauderhill Medical Malpractice Lawsuit in Wife’s Broward County Wrongful Death Following Butt Enhancement Surgery, South Florida Injury Lawyer Blog, April 29, 2011

Man Files Florida Medical Malpractice Lawsuit Filed Against Hospital Over Wife’s 2008 Wrongful Death, February 12, 2011

Continue reading "$4.7M Broward County Anesthesia Malpractice Verdict Awarded to Woman Injured in Botched Surgery" »

A law that caps noneconomic damages for Florida medical malpractice at about $500,000 per doctor has been upheld by the federal appeals court in Atlanta. The court rejected a family’s claim that the cap was in violation of federal and state laws.
Instead, the court found that the state law “passes muster” and dismissed the plaintiffs claims that the law deprives them of their right to obtain just compensation.

The plaintiffs are the family of Michelle McCall, who died in 2006 after giving birth to her son. Her loved ones claimed that not only did a nurse fail to notify a doctor that McCall’s blood pressure was incredibly low during a surgical procedure, but also the doctor never personally checked her vitals.

Following a bench trial, a judge in Florida said that McCall’s estate was entitled to $2 million in noneconomic damages. However, because of Florida’s medical malpractice cap, that amount had to be reduced to $1 million. (Although state lawmakers adopted new rules in 2003 that let victims get any award for economic damages, the cap limited the amount of noneconomic damages.)

Examples of Florida Medical Malpractice:

• Anesthesia errors
• Wrong diagnosis
• Delayed diagnosis
• Wrong site surgery
• Failure to obtain informed consent
• Failure to provide proper post-surgery care
• Failure to monitor a patient’s vitals
• Surgical errors
• Birthing malpractice
• Performing the incorrect procedure on a patient
• Accidentally leaving surgical tools in a patient
• Medication mix-ups

The federal appeals court is asking the Florida Supreme Court to tackle a number of yet unresolved issues, such as whether the state’s medical malpractice cap is in violation of the family’s right to a jury trial.

US appeals court upholds Fla. med. malpractice cap, Miami Herald/AP, May 27, 2011

Read the Opinion

Related Web Resources:
Medical Malpractice, New York Times

Empowered Patient, CNN

More Blog Posts:
Man to File Lauderhill Medical Malpractice Lawsuit in Wife’s Broward County Wrongful Death Following Butt Enhancement Surgery, South Florida Injury Lawyer, April 29, 2011

Man Files Florida Medical Malpractice Lawsuit Filed Against Hospital Over Wife’s 2008 Wrongful Death, South Florida Injury Lawyer, February 12, 2011

Continue reading "Florida Medical Malpractice Cap Upheld by US Appeals Court" »

Last year, our South Florida Injury Lawyer Blog reported on the death of a 35-year-old Miami woman who died after undergoing liposuction and butt enhancement surgery at Strax Rejuvenation and Aesthetics Institute. Now, the husband of Lidvian Zelaya says he plans to sue the cosmetic surgery chain for Broward County medical malpractice.

Zelaya died after the surgeon injected about two liters of fat, which he’d taken from her stomach, back, and sides, into her buttocks. According to the Miami injury lawyer of Osvaldo Vargas, that amount is too much fat to insert into a patient’s body when the procedure isn’t being done at a hospital. The attorney also contends that the surgeon, Dr. Roger Gordon, inserted the fat into Zelaya's muscle, which is a riskier way to do the procedure than injecting it beneath the skin.

The legal representative for Strax has said that fat embolisms are a known liposuction risk and that the dangers were revealed to Zelaya prior to the procedure. Zelaya reportedly then signed a waiver. However, her family believes that the medical decisions that were made during the procedure placed her at greater risk for complications than necessary.

Plastic Surgery Malpractice
As with any surgery, plastic surgeons must ensure that no mistakes occur that could cause serious injury, disfigurement, or death to a patient. It doesn’t matter whether the procedure is one done out of medical necessity or for personal reasons.

Risks involved with Buttock Enhancement Surgery:
• Infection
• Bleeding
• Asymmetrical appearance (if implants are involved)
• Scarring
• Anesthesia reaction
• Hematoma
• Seroma
• Poor Wound Healing

Blood flow blockage killed woman in liposuction at Strax in Lauderhill, autopsy says
Family blames doctor; Strax denies any fault, Sun-Sentinel, April 28, 2011

Clinic Sued Over Butt Enhancement Death, NBC Miami, April 29, 2011

Miami Woman Dies After Undergoing Lauderhill Plastic Surgery, South Florida Injury Lawyer Blog, December 31, 2010

Related Web Resources:
Rejuvenation and Aesthetics Institute in Lauderhill

10 Plastic Surgery Risks You Need to Know, Forbes