Articles Tagged with Palm Beach medical malpractice lawyer

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:

  1. Duty.
  2. Duty Breach.
  3. Direct Cause.
  4. Damages.

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

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

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 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

When it comes to the dangers of medical devices or medications, the learned intermediary doctrine holds manufacturers responsible to describe the known risks to doctors, who in turn interpret those risks to patients. Patients then rely on the interpretations of their physicians to make informed medical choices. One effect of this, however, is that the manufacturer’s duty to warn of possible danger is to the physician who provides the medication, conducts the surgery or oversees treatment – not to the general public. drug and medical device litigation Florida

But what if the doctor in question is receiving some sort of financial benefit from the manufacturer for prescribing or using a particular drug or device?

Recently, the U.S. Court of Appeals for the Eleventh Circuit weighed a request by plaintiffs to create a “financial bias exception” to the intermediary rule in a Florida product liability lawsuit stemming from a vaginal mesh injury. However, finding no such precedent or even discussion of it in previous decisions, the court declined to do so. Continue reading

Emergency medical services (EMS) professionals, which include both emergency medical technicians (EMTs) and paramedics are often the first responders on scene in the midst of a medical crisis, such as a Florida car accident, heart attack or serious personal injury. When they do their job right, countless lives are saved. However, if EMS negligence occurs, people affected may have grounds to sue the EMS worker and/ or that person’s employer (either a private company, government contractor or the government itself) for liability to pay damages.EMS injury attorney

The principles of EMS are essentially:

  • Early detection;
  • Early reporting;
  • Early response;
  • Good on-scene care;
  • Care in transit;
  • Transfer to definitive care (i.e., a hospital).

The purpose of EMS is to provide immediate medical care in the hopes of prolonging life, as well as providing individuals the means to promptly get definitive care when they need it. But as in so many other professions, events don’t always go as planned.  Continue reading

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