Palm Beach medical malpractice lawyer

How Privatization Leads to More Florida Medical Malpractice Problems

January 31, 2024 | by David J. Halberg, Esq.

Privatization of the medical industry – from nursing homes to hospitals to home health care companies to primary care doctors – is increasingly becoming the norm. Recently, a new study showed that adverse medical outcomes are more likely in privatized healthcare facilities. This is unsurprising to any Palm Beach medical malpractice lawyer.

Published in the peer-reviewed Journal of the American Medical Association, the analysis revealed that in three years after a private equity firm purchased a hospital, the number of negative medical outcomes among patients soared. Surgical infections, bed sores, falls – these sorts of adverse medical events collectively rose by 25 percent. Central line infections in particular rose by 38 percent. Falls by patients staying in the hospital were up 27 percent. These are the sort of incidents that should never happen. And most telling was that in similar hospitals that were not privately-owned, the rates were not rising.

There was a 5 percent drop in the number of patient deaths. However, researchers noted that could be explained by a tendency toward admitting healthier patients who otherwise might have been sent home. Such practices not only skew death rates, they also drive profits.

Those who have studied hospital safety extensively point to this as the first data that strongly points to quality problems at hospitals that are taken over by private equity companies. Continue reading

Jury Finds Florida Hospital Liable for Medical Malpractice, False Imprisonment, Emotional Distress

December 1, 2023 | by David J. Halberg, Esq.

Jurors in Florida recently found a renowned children’s hospital liable for medical malpractice, false imprisonment and emotional distress, awarding $220 million to the now-17-year-old plaintiff. Palm Beach medical malpractice lawyer

As our Palm Beach medical malpractice lawyers can explain, this case is unique for several reasons. First, it’s rare for a Florida medical malpractice case to involve false imprisonment, which is an intentional tort. Secondly, the case was featured in a documentary on Netflix called, “Take Care of Maya,” prior to the verdict.

The plaintiff was 10 and suffering from a chronic pain condition when her mother brought her into the hospital and told doctors she needed ketamine treatments, which are considered risky, especially for children. The girl had reportedly been given such treatments initially in Mexico, and the mother said it significantly improved her condition.

But hospital staff didn’t buy it. They didn’t think the girl was truly in as much pain as was alleged. In fact, they suspected this to be a case of Munchausen by Proxy syndrome. Continue reading

Florida Medical Malpractice Lawsuit Rules Shift With New State Supreme Court Decision

July 6, 2023 | by David J. Halberg, Esq.

A recent Florida Supreme Court ruling in a medical malpractice lawsuit struck a major blow for victims of negligent healthcare providers. The impact is likely to be that Florida medical malpractice lawsuits are going to:

Be more expensive.
Drag on for longer.
Face additional hurdles to success.
Shake up legal strategies of both plaintiff and defendant attorneys.

Central to the rule – which was changed outside the Court’s normal process for rulemaking – allows hospitals and healthcare providers being sued for medical malpractice to immediately appeal an order denying a motion to dismiss on grounds that plaintiff’s medical expert witness isn’t adequately qualified to testify against the defendant.

The surprising ruling was something of a quick two-step. First, the Court ruled that the defendant hospital wasn’t allowed to get a rapid re-hearing on its motion to dismiss the claim altogether. But then, the Court turned around and immediately issued another opinion that switched up the game on the issue, amending the Florida Rule of Appellate Procedure to allow for interlocutory (mid-litigation) appeals over the issue of qualified expert witnesses.

In a short dissent, one Supreme Court Justice insisted a change this substantial to Florida medical malpractice case procedure shouldn’t be adopted before it’s weighed by the appropriate committee, which would be responsible for careful review followed by precise recommendations. That’s the way it typically works. But the Court just abruptly side-stepped that procedure. Although it is accepting public comment and requests for oral argument until mid-September, the rule change goes into effect immediately.

Proponents of tort reform are, of course, over-the-moon about this. They’re saying it will help ensure that only truly qualified expert witnesses will have the opportunity to testify against other doctors in court.

But as our Palm Beach medical malpractice lawyers can explain, that take ignores the unequivocal fact that the expert witness vetting process in Florida medical malpractice cases is already quite stringent. Plaintiffs can’t even file the lawsuit until they submit an affidavit of an expert medical witness with the same or substantially similar education, training, and practice as the defendant. The judge has to sign off on that witness before the case even gets started. Continue reading

Blame for Suicide at Florida Behavior Center is Ruled a Matter of General Negligence, Not Medical Malpractice

March 22, 2023 | by David J. Halberg, Esq.

Every year, nearly 46,000 Americans die and another 1.2 million attempt to take their own lives, according to the American Foundation for Suicide Prevention. It’s not uncommon for loved ones to agonize for years about “what if” and what might be done differently – possibly blaming themselves or others for not seeing the signs or being more proactive in protecting the person from themselves. And most of the time, it’s a fruitless mental spiral because hindsight is 20/20 and of course you’d have intervened if you knew what was coming and had the power to stop it. Florida suicide lawsuit attorney Palm Beach

But what if an individual or organization was responsible for overseeing your loved one’s physical well-being and mental health and they managed to commit suicide anyway? What if red flags were missed? What if the people entrusted to care for your loved one – knowing their risk of self-harm – didn’t make absolutely sure they were safe?

In these cases, you may have grounds to sue for suicide. These third-party lawsuits assert that the doctor, hospital, or other organization owed your loved one a duty of care, breached that duty, and your loved one died as a result. As noted in a 2019 article published in FOCUS, The Journal of Lifelong Learning in Psychiatry, suicide is a top cause of liability against psychiatrists treating adult patients.

But are such cases medical malpractice or general negligence? The answer matters because, as our Palm Beach medical malpractice lawyers can explain, the proof burden and pre-suit requirements for medical negligence cases are more time-consuming, expensive, and tedious than what’s required to initiate a general negligence action. It has a shorter statute of limitations than injury cases (2 years instead of 4), though it’s the same for wrongful death cases. Also, the plaintiff is required to provide expert witness testimony at the outset of the case just to be allowed to proceed. Naturally, anyone named as a third-party defendant in a suicide liability lawsuit is going to argue the case is medical malpractice because that will make it tougher and more costly for the plaintiff.

But just because the defense says it’s medical malpractice doesn’t mean it is. Sometimes, it’s up to the courts to decide. Continue reading

Top 6 Challenges in South Florida Medical Malpractice Lawsuits

December 22, 2022 | by David J. Halberg, Esq.

A CT scan showed you had cancer, but the doctor failed to diagnose it. An OBGYN error during labor and delivery deprived a fetus of adequate oxygen during birth, leading to permanent brain damage and disabilities. Hospital staffers gave your mother the wrong dose of a powerful medication, resulting in her death. These are just a few examples of scenarios that can spur South Florida medical malpractice lawsuits.

Actually winning, though, is another matter.

In a recent analysis by NiceRx, Florida ranked No. 3 in the country over the last decade for the most reported incidents of medical malpractice. Yet it ranked 43 out of 50 for medical malpractice payout totals. The actual number of Florida medical malpractice incidents is almost certainly much higher than what’s reflected on court dockets – a direct result of Florida lawmakers’ efforts to make it inherently tougher to pursue these cases compared to other kinds of personal injury and wrongful death claims. The proof burden is higher, the filing deadlines are shorter, and there are tighter restrictions on who has standing to file and how much money can be awarded. It’s an awful shock for some families when they learn that neither a tragic outcome nor even proof of a medical mistake necessarily guarantees a successful medical malpractice claim. In fact, those truths may not even get your foot in the door of the courtroom.

The Four D’s of Florida Medical Malpractice Lawsuits

October 23, 2022 | by David J. Halberg, Esq.

Florida medical malpractice lawsuits are filed when patients harmed by poor quality medical care deviates from the prevailing standards for their practice, specialty, and region. F.S. 766.102 explains that plaintiffs in Florida medical malpractice cases bear the burden of proof to establish by the greater weight of evidence that the health care provider represented a breach of the prevailing standard of care for that health care provider. Florida medical malpractice lawyer

As experienced Palm Beach medical malpractice lawyers, we understand these cases are among the more complex torts one can pursue in Florida. Plaintiffs in medical malpractice claims:

Have a higher burden of proof.
Must present expert witness testimony from a similarly situated health care provider as the defendant.
Bring their claims in a shorter amount of time (2 years) than most other injury claimants (4 years).

To help current and potential clients better understand some of the legal complexities of these cases, we break it down by what we call “the four D’s” of Florida medical negligence. These are:

Duty.
Duty Breach.
Direct Cause.
Damages.

Let’s break them down one-by-one. Continue reading

South Florida Medical Malpractice Lawsuit Against Eye Doctor Revived

October 15, 2022 | by David J. Halberg, Esq.

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

South Florida Medical Malpractice Claims for “Never Events” Can Yield High Damage Awards

September 30, 2022 | by David J. Halberg, Esq.

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

Surgeon Faces Hundreds of Florida Medical Malpractice Lawsuits

August 15, 2022 | by David J. Halberg, Esq.

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

Expert Witness Testimony is Essential in Florida Medical Malpractice Claims

September 20, 2021 | by David J. Halberg, Esq.

Expert medical testimony is crucial in any Florida medical malpractice claim – for both sides. It’s required to even move past the early stages of a case (by presenting sufficient evidence the defendant breached the applicable standard of care for their profession and position). It’s also critical in helping jurors determine whether that standard was breached and if so, whether that breach caused the medical injury. Special medical knowledge is pivotal. Palm Beach medical malpractice lawyer

Per F.S. 766.202, a medical expert is defined as a person who is duly and regularly engaged in the practice of his/her profession AND holds a health care professional degree AND who meets the requirements set forth in F.S. 766.102. That provision holds (among other things) that the expert witness in a medical malpractice case must be able to speak to the prevailing standard of care that a reasonably prudent health care provider in the same or similar situation would abide. In order to do that, they need to conduct a complete review of the pertinent medical records, but they also need to be someone who specializes in the same specialty as the health care provider defendant. (For example, a general practitioner wouldn’t likely be able to attest to the purported negligence of an anesthesiologist.)

As our Palm Beach medical malpractice attorneys can explain, the fact that a plaintiff’s expert medical testimony is so important has increasingly made it a target for defense requests to exclude it. The standard for admissibility of expert witness testimony is called the Daubert standard, after the 1993 U.S. Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals. Florida previously used the less-rigorous Frye standard, but adopted the Daubert standard in 2019. Continue reading