Articles Tagged with Naples medical malpractice attorney

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

A state appellate court has urged the Florida Supreme Court to revisit whether a largely-debunked medical malpractice insurance “crisis” still justifies limiting damages in certain medical malpractice wrongful death lawsuits. The request, posed as a question of great public importance, stems from the Fla. 2nd DCA’s reluctant dismissal of a medical malpractice wrongful death lawsuit filed by the adult children of a woman who died after a missed diagnosis of lung cancer. Naples medical malpractice lawyer

The case raises constitutional equal protection concerns because the practical effect is that negligent doctors and healthcare providers cannot be held to account if their patient dies with no minor children or surviving spouse. Adult children (over age 25) of medical malpractice victims who die are not entitled to collect non-economic damages. (Non-economic damages are monetary compensation for intangible losses like as pain and suffering, loss of life enjoyment, loss of consortium, etc.)

This all started some 30 years ago, when Florida lawmakers, heavily courted by insurance industry lobbyists, enacted Florida State Statute 768.21 as a means of remedying “skyrocketing insurance costs” that were reportedly causing doctors to decline performing high-risk procedures and flee the state and the profession, forcing the closure of emergency rooms and other healthcare facilities.  In 2000, the Florida Supreme Court cited this law – and the purported “crisis” legislators had used to rationalize it – to prevent the surviving adult children plaintiffs in Mizrahi v. North Miami Medical Center from recovering non-economic damages for their parent’s medical malpractice death. Continue reading

In a review of a federal district court’s handling of a Florida birth injury lawsuit, the U.S. Court of Appeals for the 11th Circuit wrote the lower court, “Did an admirable job of MacGyvering a solution in this case, and we affirm much of what it did.” The appellate court did reverse a small portion of the Florida medical malpractice birth injury decision, which had been appealed by both sides.Naples medical malpractice attorney

There were two primary statutes in play here:

  • The Federal Tort Claims Act, 28. U.S.C. 2674, requiring courts to (as the appellate court put it) “MacGyver a remedy fashioning tort-damages awards against the U.S. where the unique aspects of the federal government make it difficult or impossible to strictly apply a state damages statute to the government… (approximating) the statutory remedy as closely as they can to achieve the ends required by the FTCA.”
  • F.S. 768.78(2), Florida’s medical malpractice damage statute.

Essentially, the court cobbled together a remedy for civil damages in this birth injury lawsuit where the guidelines of both laws weren’t precisely aligned. Naples medical malpractice lawyers recognize this underscores the fact that having an attorney well-versed in federal and state law proves crucial time and again in these cases, particularly when the exact remedy isn’t obvious. It’s the injury lawyer who will be trusted by plaintiff to make a strong case for maximum monetary relief and accountability.  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

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