Articles Posted in Medical Malpractice

A South Florida medical malpractice lawsuit against an eye doctor has been revived by Florida’s 2nd District Court of Appeal.Palm Beach eye doctor malpractice lawyer

Although ophthalmologists aren’t the most commonly-named defendants in Florida medical malpractice cases, eye doctor malpractice can result in serious, disabling injuries. Those impacted can seek financial compensation.

Examples of Florida eye doctor malpractice that can lead to substantial patient injuries (and would be grounds for civil litigation):

  • Not completing and reviewing the patient’s full medical history.
  • Failure to properly conduct an eye exam.
  • Misdiagnosing an eye condition or missing an eye problem entirely.
  • Careless errors during eye surgery.
  • Using tools that aren’t properly cleaned and sterilized, resulting in preventable infections.
  • Failure to seek and obtain adequate informed consent from patients.
  • Prescribing a patient the wrong medication or improper dosage.

In the recent Florida eye doctor medical malpractice lawsuit of Martinez v. Perez Ortiz, the complainant alleges the ophthalmologist misdiagnosed her condition and failed to properly treat it in a timely manner, resulting in permanent eye damage and vision problems.

Specifically according to court documents, the plaintiff underwent surgery for nasal polyps. After the procedure, she complained to the doctor about swelling and pressure behind and around one eye. The issue wasn’t properly identified or treated. Now, she’s seeking recompense for the harm done.

Importance of Expert Testimony in Florida Medical Malpractice Cases

As our Palm Beach medical malpractice lawyers can explain, the testimony of an expert medical witness is key to even getting these cases off the ground. Continue reading

Any health care provider will tell you that with every procedure, treatment, or medication, there may be a modicum of risk. Poor medical outcomes aren’t always the basis for a South Florida medical malpractice lawsuit. However, grounds for such claims may be strong when the incident in question involves a so-called “never event.” Palm Beach medical malpractice lawyer

As our West Palm Beach medical malpractice lawyers can explain, the non-profit patient protection organization the National Quality Forum describes never events as mistakes in medical care that are clearly:

  • Identifiable.
  • Preventable.
  • Serious in their consequences for patients.
  • Indicate a major problem in the safety and credibility of the health care facility.

Not all Florida medical malpractice lawsuits stem from never events, but most never events likely amount to medical malpractice.

The NFQ has a long list of all the various incidents that are generally understood as never events. Some of the most common include:

  • Surgery on the wrong body part.
  • Foreign body left in a patient after surgery.
  • Severe pressure ulcer that’s acquired in a hospital.
  • Preventable post-operative deaths.

They’re called never events because, very simply, they should never happen. And yet, they still do.

$900k FL Medical Malpractice Verdict for Spinal Surgery Never Event

Recently, the Miami Herald reported on a lawsuit stemming from a never-event at a hospital in Fort Lauderdale. The tone of the headline, “Miami jury said a screw was worth $902,000…” seemed to indicate the damage award was somehow excessive. But as Florida medical malpractice attorneys can explain, it likely had to do with the fact that it involved a never event: Leaving a foreign body in a patient after surgery. Continue reading

One of the complicating factors in South Florida medical malpractice cases stemming from negligence in hospitals is that very often, the doctors are not direct employees of the hospital. Florida medical malpractice lawyer

Why does this matter? Because in Florida, employers can be held vicariously liable for the negligent actions of their employees. That means one does not need to prove the employer directly engaged in wrongdoing, so long as one can show the negligent employee was acting in the course and scope of employment at the time of the incident. When doctors are classified as independent contractors – separate from the hospital – it means additional proof of direct negligence by the hospital is required in order to prevail in a case against them.

However, a recent South Florida appellate ruling on a medical malpractice lawsuit may broaden the circumstances under which a hospital may be held vicariously liable for the negligent actions of doctors providing care at the medical facility. Justices in Florida’s 1st District Court of Appeal in Gradia v. Baptist Hospital  reversed the trial court’s ruling clearing the hospital of vicarious liability in a medical malpractice case.

A surgeon and the hospital where he worked are facing hundreds of Florida medical malpractice lawsuits alleging life-altering injuries to patients, who allege the doctor’s 2020 retirement due to a progressive neurological disorder came about four years too late. Florida medical malpractice surgery

By then, complaints of the doctor’s shaking hands, slurring speech, unsteady gait, mood swings, involuntary body twitches, and impaired judgment were well-established – both by patients and the doctor’s colleagues. But they were first documented back in 2016. Plaintiffs in the 348 Florida medical malpractice lawsuits filed so far allege the hospital should have intervened much sooner.

As West Palm Beach medical malpractice attorneys, we recognize that in many of these cases, liability often goes beyond the health care provider themselves.

Plaintiffs say the hospital not only should have known about the issue, but had actual knowledge. Specifically, numerous doctors, nurses, and patients specifically told the hospital – on numerous occasions – that they were concerned about the doctor’s condition and seeming impairment. In one instance, he was reportedly seen having difficulty keeping his eyes open during a surgery. In other instances, colleagues were allegedly having to prompt him during surgeries about what needed to be done. Instead of intervening, the hospital allegedly allowed the doctor to continue to become recredentialed and practice, but to schedule high-volume, high-risk surgeries – raking in millions in profit for the hospital.

The doctor resigned from the hospital voluntarily in 2020, shortly after being diagnosed with progressive supranuclear palsy, a rare brain condition adversely impacting neurological function and motor coordination. A year later, he forfeited his Florida medical license amid an investigation by the state board. We don’t know what official complaint specifically led to the Florida Board of Medicine’s intervention, but we know they have been piling up since then. Continue reading

A bipartisan-supported state bill that would have allowed non-economic damage claims in Florida medical malpractice wrongful death cases to be brought by the parents of unmarried, childless adult children over age 25 has failed in the Senate Rules Committee.Florida medical malpractice wrongful death

The outcome was disappointing, but predictable, given the strength of the health care and insurance lobbies here in the Sunshine State. In effect, there will continue to be cases of Florida medical malpractice wrongful deaths for which there is no legal remedy – simply because the decedent had no spouse or minor children under the age of 25.

Proponents of HB 6011 say it would have closed the “free kill” loophole of Florida medical malpractice law. Specifically, the way the law is currently written, it limits financial recovery in medical malpractice wrongful death cases so that the only people who can sue are the decedent’s surviving spouse and/or children under 25. Backers of HB 6011 have argued that this oversight effectively creates an incentive for physicians to allow some patients to die, rather than save them. Specifically, if an unmarried adult patient with no under-25 kids survives injury or illness resulting from medical malpractice, they can sue the doctor in their own right. But if that patient dies, there would be no survivors under Florida law who could bring that claim. This is what patient advocates have been referring to as a “free kill.”

It’s certainly in stark contrast to general negligence wrongful death claims, wherein there is a broader net cast for who has the right to sue.

When a person’s death is the result of a wrongful act, negligence, or breach of contract, Florida law allows family members or the estate to bring claims for lost wages, benefits, and other earnings. Family members may also sue for support and services the deceased can no longer provide, as well as for the loss of guidance and companionship. The law also allows compensation for mental and emotional suffering (non-economic damages). Those who can pursue such claims include:

  • A surviving spouse.
  • A child 25 years or younger.
  • A child 25 years or older, if there is no surviving spouse.
  • Parents of a deceased child over the age of 25 with no surviving spouse or children.

But Florida treats medical malpractice wrongful death claims differently. Continue reading

The parameters of qualified medical experts in Florida medical malpractice lawsuits will be weighed by the Florida Supreme Court. Justices recently allowed the Florida Medical Association, American Medical Association, and Hospital Medical Association to file briefs in the case supporting the hospital defendant. medical malpractice lawyer Palm Beach

As our Palm Beach medical malpractice lawyers can explain, the court’s ruling on this issue could have far-reaching implications because it will determine the criteria for doctors who provide expert opinions, which are required at the very outset of every Florida medical malpractice lawsuit.

The case, University of Florida and Shands Hospital v. Carmondy, involves a plaintiff who filed a medical malpractice lawsuit due to an infection she suffered after undergoing cervical disc fusion surgery in 2016. Her negligence claims were against a neurosurgeon and an advanced registered nurse practitioner. Her petition included affidavits from a physician who practiced internal medicine and cardiology, and who previously had worked as a hospital specialist.

These cases cannot move past the initial phase unless the plaintiff submits affidavits from a doctor or doctors who are experts on par with the defendant who are of the opinion that the defendant breached the accepted standard of care for their profession. An accepted standard of care is not a simple question to answer. Much depends not only on the education, training, and specialty of that medical professional, but also what type of facility they practiced in and in what region. A highly specialized neurosurgeon working in a top hospital in an urban city with ample resources will be held to a different standard than someone of the same educational and training background, but with fewer resources. Continue reading

Liability for Florida amputation injuries may be imputed to negligent doctor/hospital (medical malpractice), property owner who failed to correct an unsafe condition (premises liability), careless motor vehicle driver (auto accident claim), or product manufacturer/distributor who designed/manufactured/sold a defective product (product liability). There could be other liable parties too, depending on the facts of the case. Given the severity of amputation injuries and the extent to which one can impact the rest of your life, it’s imperative to discuss your legal options with an experienced Palm Beach injury lawyer to determine whether you may have grounds for a South Florida injury lawsuit.Florida amputation injury lawyer

Recently, a doctor and urgent care center were ordered to pay $7.6 million in a medical malpractice lawsuit for Florida amputation injuries suffered by a patient whose bacterial infection was initially misdiagnosed as an ankle sprain. According to the Pensacola News Journal, the case involved a retired firefighter, whose right leg had to be amputated after a medical mistake. Specifically, the patient’s leg became infected after he was exposed to contaminated water in the Pensacola Bay. The leg began to ache and turned blue. When the pain worsened, he went to the urgent care center. Blisters began to develop as he waited in the lobby. Despite these symptoms, he was diagnosed with a sprained ankle, given crutches, and instructed to ice and elevate the leg. The following day, the man saw a podiatrist, who immediately recognized what was happening, and correctly diagnosed the patient as battling an aggressive bacterial infection. He was rushed to the hospital and treated with powerful antibiotics. However, by then it was too late, and the leg had to be amputated to save the patient’s life. The urgent care facility and employee doctor denied liability. However, following an eight-day civil trial, jurors awarded plaintiff $6.8 million and his wife $787,000.

Florida Amputation Injury Cases are High Stakes

Amputation is when any piece of limb of the body is severed. They can be part of planned surgeries, but they may also be the result of an accident or medical mistake.

Losing fingers or toes, while seemingly minor, can be traumatic, resulting in unique challenges for the tasks of everyday life. When someone suffers the partial or total loss of a limb, the consequences can be profound. Continue reading

Is a claim involving a Florida hospital fall one of negligence – or medical malpractice? Florida medical malpractice lawyer

Our West Palm Beach medical malpractice lawyers recognize this as an important distinction because on the one hand, negligence cases have a four-year statute of limitations and a lower proof burden. Most medical malpractice claims, on the other hand, have a two-year statute of limitations and require expert witness testimony at the outset. These elements can make a major difference in whether a claim survives initial hurdles necessary to overcome summary judgment or outright dismissal. Failure at the outset of the case to correctly determine which category the claim falls into can result in its being tossed on procedural grounds before it really gets started, as opposed to being decided on its merits.

That’s precisely what happened in Gorham v. Martin Memorial Health System, a recent case before Florida’s 4th District Court of Appeal.

According to court records, the case involves an elderly woman who died of a fall while she was a patient at a hospital in Martin County, FL. Her adult children brought her to the facility because she was ill. When she arrived at the hospital, she brought her walker, a walking frame device that provides additional support to maintain balance or stability while walking. It’s a common mobility device for the elderly. The complaint indicates hospital staffers refused to allow her to use her own walker. On more than one occasion, she and her children told the nursing staff that she needed a walker for mobility purposes. Yet time and again, she was told either that one would be provided or that it would be “taken care of.” One nurse also assured her children that if she tried to get off the bed, an alarm would sound, summoning care staff.

The night after she was first admitted, the patient fell while attempting to get out of bed to use the restroom. Nursing staff contacted her daughter, informing her of the fall and telling them she had suffered a “slight fracture.”

Several weeks later, an orthopedic surgeon discovered the patient had actually sustained three serious fractures to her pelvis. Shortly thereafter, plaintiff died. Her family, as representatives of her estate, filed a subsequent claim alleging the injuries sustained from her fall were a substantial cause of her death.

Pre-Suit Requirements for Florida Medical Malpractice Claims

Florida law – specifically F.S. 766.104(1) – holds that no action should be filed for personal injury or wrongful death arising out of medical negligence unless the plaintiff’s attorney makes a reasonable investigation (circumstances permitting) and determines there is grounds for a good faith belief of negligent treatment. Continue reading

As longtime South Florida medical malpractice attorneys, one of the most heartbreaking things over the years has been telling parents of adult patients – and adult children of unmarried patients – that they have no legal recourse after their loved one has died due to medical negligence. That’s because the Florida’s medical malpractice and wrongful death laws protect negligent doctors and insurers at the expense of trusting patients and bereaved families. State law specifies that if an adult over the age of 25 dies as a result of medical practice and they did not have a surviving spouse or minor children (under the age of 25), no other family member can recover damages for pain and suffering. West Palm Beach medical malpractice lawyer

Put another way: If an adult over the age of 25 dies of medical malpractice in Florida, the only people allowed to pursue a legal claim would be a surviving spouse and/or minor children (under 25).

Unfortunately, most people don’t learn about this until after their loved one has died. Some scenarios that have resulted:

  • The mother and longtime girlfriend of a 51-year-old man who died following mistakes during an open heart operation could not find an attorney to take their case.
  • The three adult children of a 59-year-old divorced woman who died following a botched bowel surgery learned they had no legal claim.
  • The parents of a 34-year-old unmarried woman with no children had no recourse when doctors failed to diagnose breast cancer until it had advanced to the final stages, leading to her early death.

Florida is the only state in the country with such a law. Not only that, but we have a sizable population of widowed seniors, unmarried college students, and middle-aged single and divorce people whose kids are over 25 or who don’t have any kids at all. If they died in a car accident or because of a dangerous condition on someone else’s property, their loved ones could pursue damages for pain and suffering. But if they die as a result of medical malpractice, their loved ones are left with no means to hold accountable negligent doctors, surgeons, nurses, and hospitals.

“No one should be valued less just because they are unmarried, over the age of 25, or have grown children,” said West Palm Beach medical malpractice lawyer David Halberg. Continue reading

As experienced Palm Beach medical malpractice lawyers, we’re closely familiar with the 2004 Florida law passed overwhelmingly by voters with the intention of preventing dangerous doctors from practicing medicine. It’s a “three strikes” rule for medical malpractice that seems fairly straightforward: A doctor with three “strikes” of medical malpractice will lose their license to practice. Unfortunately, we know all-too-well how ineffective it is, thanks to follow-up efforts by the state legislature, which made it nearly impossible for the state board to actually levy a strike. Palm Beach medical malpractice lawyer

The “Three Strikes Rule” was passed as an amendment to Chapters 458 and 459 of Florida Statutes. The law holds that if a physician has three or more incidents of medical malpractice (as established by a standard of clear and convincing evidence), they will be forbidden from the continued practice of medicine in Florida. A “strike” can be derived from a finding of medical malpractice by one of the following:

  • A final order by an administrative agency following a hearing.
  • A final order by a judge/jury in a civil case.
  • A binding arbitration decision.

It should be noted that medical malpractice isn’t as easy to prove as the typical negligence case. It’s not enough to show the absence of ordinary care. Rather, one must prove – via expert witness testimony from a similarly-situated professional – that the physician failed to abide the applicable standard of care, which depends on that doctor’s education, skill, specialty, and resources. But even with this higher standard and even with the three strikes law, doctors with checkered professional histories continue to practice.

Numerous journalistic deep-dives and scholarly studies in recent years – from NBC-5 in West Palm Beach to The Palm Beach Post – have highlighted this legal loophole. Yet as our medical malpractice lawyers can attest, the problem persists, with Florida doctors who’ve paid out 3+ medical malpractice claims continuing to practice, often with patients none-the-wiser. News outlets have reported there are hundreds of still-practicing doctors who have collectively paid out hundreds of millions of dollars in Florida medical malpractice lawsuits stemming from the deaths of more than 1,000 patients over 10 years. Continue reading

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