The ongoing scourge of medical malpractice in Florida is reason the state legislature and health care professionals established the Peer Review process, as outlined in F.S. 395.0193. It’s a means of identifying potential problem areas for individual physicians by having colleagues review their work, with the stated goal being improvement of patient care and reduction in medical and legal expenses. medical malpractice

However, one of the aspects of the peer review process, per section 8 of that statute, is that the investigations, proceedings and records of the peer review panel, a committee of a hospital board, disciplinary board, government board or agent of one of these “shall not be subject to discovery or introduction into evidence in any civil or administrative action against a provider of professional health services arising out of the matters which are the subject of evaluation and review…” In other words, if you file a medical malpractice lawsuit against a Florida doctor, the records contained in these peer review files – even if relevant – can’t be compelled. However, records pertaining to these cases from independent sources aren’t immune from discovery just because they were presented in peer review proceedings.

It can be frustrating as a patient who suffered a missed diagnosis, misdiagnosis or other medical error to know there are records that could help your case that you can’t use. However, as a recent case before the Pennsylvania Supreme Court revealed, this immunity may not extend to each and all circumstances. Pennsylvania has a similar peer review process and statutory immunity to protect information gleaned in these proceedings. However, in Reginelli v. Boggs, the court held that the performance file developed by an independent contractor (one that provided staffing and administrative services for a hospital emergency room) were not protected under the state’s peer review statute. Continue reading

By the end of last year, more than 2 billion people were actively using Facebook on at least a monthly basis. Instagram, meanwhile, serves about 800 million active users a month. Users of Snapchat upload approximately 10 billion videos daily. WhatsApp has about 1 billion users a month. So what does all this have to do with your South Florida injury lawsuit?personal injury lawyer

A lot if you have posted anything pertinent to:

  • The incident in question;
  • The people involved in the incident;
  • Any element that pertains to the incident;
  • Your mental/ physical condition or well-being prior to and after the incident.

Because a serious injury resulting from something like a car accident or a case of medical malpractice or a criminal attack is something that – of course – affects us very profoundly, it is understandable that many people share those details online. It’s almost become like second nature in this increasingly digital age.

But as the recent Congressional hearings of Facebook CEO Mark Zuckerberg reveal, there is an increasingly limited expectation of privacy regarding what we share on our “personal” pages – even when we limit privacy settings and contact lists. Continue reading

“Never events,” according to the National Quality Forum, are those mistakes that occur during medical care that are:

  • Clearly identifiable;
  • Easily preventable;
  • Serious in their consequences for patients;
  • Indicate major problems in the safety and credibility of a health care center. medical malpractice

They include things likes mismatched blood transfusions, major medication errors, surgery on the wrong body part and pressure ulcers/ bedsores. They also include items, like surgical sponges, left inside a patient after surgery. Yet the Institute of Medicine estimates more than 100,000 such incidents occur annually, resulting in more deaths than car accidents and more than $9 billion in excess charges.

A recent analysis published in the New England Journal of Medicine details a case wherein a 42-year-old woman reported to a primary care center with bloating – only to discover in a CT scan that two gauze sponges had been left inside her abdomen from one of two (or both) prior C-section surgeries – one six years earlier and one nine years earlier. CNN reports she’d had no prior abdominal or pelvic surgeries.  Continue reading

Every year, hundreds of thousands of patients undergo surgery at one of the nation’s rapidly proliferating surgical centers (estimated to be somewhere between 5,600 to 7,000). In fact, these centers now surpass the number of hospitals, as U.S. regulators trying to lower health costs are green-lighting an expanding number of outpatient procedures. However, according to a new in-depth report from Kaiser Health News and USA Today, these centers are too often are ill-equipped to handle emergency complications. As a result, hundreds of patients have died as a result of “routine” surgeries, such as tonsillectomies and colonscopies. medical malpractice

No knows exactly how many deaths, illnesses and injuries happen at these centers because no one is required to keep track.

Although any surgery carries a risk and some centers boast top-of-the-line medical equipment and well-trained staffers, journalists uncovered dozens of cases where a lack of training or basic equipment found at most hospitals made a difference in patient outcomes.  Continue reading

This flu season has been a brutal one, with the U.S. Centers for Disease Control and Prevention reporting more than 60,000 cases since October resulting in hundreds of deaths. Although the flu is a fairly common viral infection, one of the most severe complications is sepsis. This is a type of bacterial blood infection that is the body’s overwhelming response to some other infection and can follow not just the flu but pneumonia, urinary tract infections, bedsores, surgery wounds, intravenous lines and other conditions.medical malpractice attorney

Symptoms of sepsis include:

  • High fever
  • Chills
  • Pale or discolored skin
  • Rapid breathing/ shortness of breath
  • Extreme pain/ discomfort
  • Sudden confusion
  • Extreme fatigue
  • Kidney failure

Sepsis can be fatal (it’s the leading cause of death in U.S. hospitals, according to the Journal of the American Medical Association) and must be treated rapidly and appropriately. Young children, the elderly, those suffering from chronic diseases and weakened immune systems are especially vulnerable. Even those who survive may have long-term complications, including kidney damage requiring lifelong dialysis.

A diagnosis of sepsis or septic shock alone is not proof of medical malpractice, even in cases of death. However, if the initial infection or the development of sepsis was hospital-acquired or if it was improperly treated, there may be grounds for a South Florida medical malpractice lawsuit.  Continue reading

A baby admitted to the hospital with the flu left with severe and permanent brain damage as a result of Miami medical malpractice by a nurse who was high on drugs. That’s the plaintiff’s allegation in a recently-filed South Florida injury lawsuit. medical malpractice attorney

The Miami Herald reports the child now has a feeding tube in his stomach and is unable to speak, swallow solid foods or walk more than few steps unassisted. He was just 4-months-old when admitted to the pediatric intensive care unit at Nicklaus Children’s Hospital in November 2015. His doctors today say he will likely need intensive, around-the-clock nursing care for the rest of his life. His mother has had to quit her job in order to help attend his needs. He is undergoing a rigorous treatment of pediatric therapies.

According to the lawsuit, defendant nurse bathed the child and on accident removed the boy’s breathing tube for a period of approximately seven minutes. During his shift, colleagues observed he was sweating, shaking and had bloodshot eyes. Despite this, no one apparently raised a red flag about her continuing to provide care to the facilities youngest and most vulnerable patients. Although the child’s mother noted the nurse was “anxious,” she assumed that was “his personality,” and tried not to worry because none of the other doctors and nurses on staff commented on it.

Both the hospital and the defendant nurse (in a written statement to the newspaper) vehemently deny the accusations, despite the nurse having previously admitted his addiction to methamphetamine and other drugs one year prior to this incident. At that time, he was under investigation by the Florida Department of Health and underwent treatment for addiction services. He was still under monitoring at the time of the incident but quit just two months later, costing him both his job and his nursing license. Continue reading

South Florida medical malpractice attorneys recognize obstetrics and gynecology as a medical practice area with higher-than-average rates of litigation. Malpractice in obstetrics and gynecology can result in catastrophic injuries and fatalities for both women and babies. A recent survey by Medscape revealed some of the top reasons for lawsuits against Ob/Gyns are:

  • Patient suffers an abnormal injury – 36 percent
  • Failure to diagnose – 22 percent
  • Failure to treat – 15 percent
  • Poor documentation of patient instruction and education – 5 percent
  • Improperly obtaining/ lack of informed consent – 4 percent
  • Failure to follow safety procedures – 3 percent
  • Errors in medication administration – 2 percentbirth injury lawyer

These usually involved a maternal or fetal death, failed tubal litigation, poor timing/ performance of a cesarean section, bowel perforation or shoulder dystocia. A recent case of a catastrophic injury suffered by a baby delivered by an Ob/Gyn at a federally-funded hospital was allegedly caused by the physician’s “unjustified and overly-vigorous use” of forceps during the birth of a child. The child reportedly now suffers from lifelong mental disabilities, and after a jury awarded the family $42 million for this severe brain injury, the federal government has withdrawn its appeal.  Continue reading

Florida consistently has one of the highest percentages of properties with pools and hot tubs, with the Association of Pool & Spa Professionals reporting nearly 335,700 hot tubs in the state as of 2015, with an additional 9,400 being added annually. Many of these are prominent features at resorts, hotels, condominium complexes and other locations frequented by Florida tourists, snowbirds and residents.injury attorney

Swimming pool injuries and hot tub injuries can run the gamut, whether due to unreasonably slippery surfaces or lack of gates or barriers or improper construction or poor maintenance. Determining who was at-fault and whether you have a claim to pursue compensation for your injuries will depend on exactly how and why the injury happened. For example, if a residential pool owner fails to ensure an appropriate barrier, alarm or other protection feature is in place, as required by F.S. 515.29, they could be held liable for child drownings or other injuries proximately caused by that.

In a recent case out of Pinellas County, the Tampa Bay Times reports a man was awarded $7.5 million in a South Florida personal injury lawsuit verdict stemming from a fall inside a hot tub at a resort where the spa was partially drained and unlit back in 2008. It’s being deemed one of the largest injury verdicts ever in that county’s civil court. According to news reports, the man suffered permanent back and neck injuries after the fall. Continue reading

The question of what degree of care property owners owe patrons in Florida depends on numerous factors, including the visitors’ purpose on site, how the dangerous condition arose and whether the risk was foreseeable to the owner/ occupier.injury attorney

Although we generally think of Florida premises liability cases to involve things like slippery floors, broken stairs, elevator/ escalator accidents or even dog bites.

But another common dangerous condition on property involves failure to protect against third-party assault or violent criminal conduct. Businesses in some cases do have a responsibility to protect customers or visitors from these types of incidents, typically by providing adequate security. However, a good  Tampa personal injury lawyer knows claimants in these instances must usually establish a historical pattern of the same or similar crimes at that particular location, nearby or at the same type of businesses. Continue reading

A grieving father whose daughter was killed in a highway motor vehicle accident in Tennessee involving an allegedly defective guardrail purchased a television advertisement at a local West Palm Beach affiliate airing the Super Bowl in President Donald Trump’s Mar-a-Lago resort community. The father did so in the hopes the president would take notice of the ad, noting the president had promised to address highway guardrail safety in his recent infrastructure plan.car accident attorney

The specific guardrail in question is one produced by X-LITE. It’s a brand that state highway officials across the country are scrambling to remove after a rash of serious and fatal crashes wherein the guardrail allegedly pierces rather than absorbs or deflects fast-moving vehicles.

CBS News reported that like so many others involved in these kind of collisions, the man’s 17-year-old daughter was killed when she struck the guardrail, which instead of collapsing (as is the reported intention of the design) acted as a spear. The guardrail struck the girl in the head and chest, resulting in fatal injuries. Continue reading