Articles Tagged with medical malpractice lawyer

Most people assume the end of the road for a Florida medical malpractice lawsuit is the verdict. However, that is not the case as there is always the potential for appeal. The National Center for State Courts reports medical malpractice cases have an appeal rate of 18 percent. Those cases that tend to have the highest rate of appeal are those that involve serious injuries, complex medical and/ or scientific evidence and expert testimony. That’s why medical malpractice cases in Florida tend to have a higher rate of appeal than, say, a car accident injury verdict. What’s more, the center reported, defendants who lose medical malpractice cases are more likely to appeal than plaintiffs. medical malpractice lawyer

Most medical malpractice cases that are appealed involve:

  • Loss of mental function;
  • Facial scarring;
  • Loss of sight/ hearing;
  • Death;
  • Paralysis.

Because appeals can be so costly, it’s not unheard of for medical malpractice plaintiffs to end up back in negotiations with defendants – even after they have obtained a favorable verdict. The reason is if there is a good chance defendant will appeal (and may have a strong argument on appeal), plaintiff may agree to a settlement – ending the case then and there, albeit for a lesser amount – than go through the time, expense and ordeal of an appeal. It’s also possible that if a trial is bifurcated (split into separate issues, usually liability and damages) that a defendant will settle after liability has been determined, but prior to a finding of damages. Continue reading

We know that successful medical malpractice lawsuits are first and foremost intended to compensate victims of careless doctors, hospitals, nursing homes and other health care providers. But the other function these claims serve is to alert both patients and state health officials to problematic trends with individual caregivers and facilities. medical malpractice attorney

The National Practitioner Data Bank, which follows medical malpractice lawsuits against active practitioners and their outcomes, reports that between 2005 and 2014, only 1 percent of doctors were linked to one-third of all medical malpractice settlements. Further, the greater number of claims the physician settled, the much higher the chances were the doctor would pay another in the future. Doctors who had previously settled two malpractice cases were more than twice as likely to be involved in a third settlement, compared to those who had one previous settlement.

These findings make a recent report from South Florida’s The Sun-Sentinel all the more troubling. Reporters revealed that when medical malpractice lawsuits are settled or even decided in favor of the plaintiff in a jury trial, those doctors and facilities are rarely penalized by officials with the state’s Department of Health.  Continue reading

A statute of limitations is a deadline for filing a lawsuit (or in a criminal case, a formal charge). If your injury or wrongful death claim is filed after that deadline, it will most likely be dismissed. The state of Florida sets the statute of limitations for medical malpractice cases at two years, pursuant to F.S. 95.11(4). That means one has two years from the time the patient (and, in some cases, a family member or guardian) knew about or should have known about the fact the injury occurred and that there was a reasonable chance it was caused by medical malpractice. This differs from the general negligence claim deadline of four years. The wrongful death statute of limitations in Florida is two years from the date of death.medical malpractice attorney

Unless there is proof of misrepresentation or fraud or concealment, there is no way to pursue a medical malpractice case beyond four years. This is what’s known as the statute of repose. That means even if you didn’t know about the medical malpractice and there wasn’t any reasonable way to find out, four years is the absolute cut-off. If you can show fraud, misrepresentation or concealment, that statute of repose may be extended to seven years. However, that can be very difficult to prove.

All of this means that as soon as you suspect you or a loved one may have been the victim of medical malpractice, you need to speak with an attorney to find out the best way to investigate and determine whether you have a valid claim.

Continue reading

Digitization of medical records has been shown to improve patient safety. However, a new study by The Doctors Company, a physician-owned medical malpractice insurer, shows that electronic health records used by 90 percent of hospitals and 80 percent of doctors’ offices, are at the root of many new medical malpractice lawsuits.medical malpractice lawyer

The firm reported that an analysis showed the number of claims involving electronic health record errors as a contributing factor has risen steadily over the last decade.

The potential liability risks to the medical malpractice insurer were first noted beginning in 2007. Between then and 2010, there were 2 total claims wherein these records were a contributing factor. By 2013, there were 28 such claims. There were a total of 97 such claims closed between January 2007 and June 2014. Between July 2014 and December 2016, there were 66 claims involving errors with electronic health records. Continue reading

When it comes to the prevalence of medical errors, those involving missed diagnosis, misdiagnosis and delayed diagnosis are the most common. Information gleaned from the National Practitioner Data Bank (an electronic collection of all medical malpractice settlement payments made since 1986), diagnostic errors are the most common source of payments and often the most costly and dangerous to patients’ health. medical malpractice lawyer

It’s true that medication errors and on-site surgical errors are very real problems. However, in terms of the sheer volume of cases it’s substantial, with an estimated 80,000 to 160,000 patients suffering permanent disabilities from misdiagnosis annually.

One such case out of South Carolina recently resulted in a $10 million jury verdict to the husband of a woman who died of cancer after there was a communication error between doctors. This resulted in significant delays in life-saving surgery, The State newspaper reports. The doctor and the practice for which he works initially offered to settle her claim for $250,000 – an offer that was declined. Continue reading

One of the reasons Florida medical malpractice cases are so complex – and costly – is because they require at least one (and usually more) expert witness. F.S. 766.102(1) places the burden of proof in these cases on the plaintiff (person injured) to show the health care provider breached the prevailing professional standard of care, given the care provider’s care, skill and treatment in light of all relevant surrounding circumstances. The court will look carefully at what the accepted standard of care as viewed by “reasonably prudent similar health care providers.” medical malpractice

The mere fact of a medical injury doesn’t create the presumption of a health provider’s negligence (except in cases where a foreign object, such as a surgical sponge, is found). The way plaintiffs prove defendant care provider breached the standard of care is to have a qualified expert witness – someone of the same or similar experience as defendant – testify as to plaintiff’s position. While our medical malpractice lawyers in Naples work on a contingency fee basis (meaning we aren’t paid unless you win), expert witness fees are something plaintiff is responsible to pay, regardless of the outcome of the case. In many instances, though, when a plaintiff wins, expert witness fees will be covered by the losing party.

However, a recent ruling by Florida’s Second District Court of Appeals held that a plaintiff who prevailed in a medical malpractice lawsuit was entitled to have the defendant pay the expert attorney fees, to the extent plaintiff is able to show the fees were both reasonable and necessary, even though one of those expert witnesses was also a treating physician.  Continue reading