Articles Tagged with South Florida medical malpractice lawyer

Failure to diagnose is the No. 1 reason physicians face medical malpractice claims. One study in 2013 published in the journal BMJ Open analyzed claims against primary care physicians in the U.S., Australia, France and Canada and found that between 26 and 63 percent of all medical malpractice lawsuits stem from a missed diagnosis. The most commonly misdiagnosed conditions in adults were myocardial infarction (heart attack) and cancer, and meningitis in children.medical malpractice attorney

It was reportedly a failure to properly review a high school senior’s kidney ultrasound led to his death two months later on a class trip, according to a medical malpractice lawsuit filed by his parents two years ago. Now, probate court records show the hospital involved has settled the case for $2 million. Valley News in New Hampshire reports the teen suddenly collapsed and died while changing planes en route to a youth leadership conference. An autopsy showed he had a large cancerous tumor on one of his kidneys, which had partially dislodged, passed through blood vessels and into his lungs and heart.

At issue was the fact that doctors had known about a calcified cyst on the boy since he was just 7-years-old. It was a condition that required yearly checkups. In May 2014, at age 17, he experienced blood in his urine, was admitted to the hospital and physicians performed a kidney ultrasound. The doctors ascertained upon review the kidney was stable and his condition unchanged. There was no extensive work-up of ultrasound results and he was discharged from the hospital that same day. He died in late June 2014. 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

More than 10 years ago, Florida voters soundly agreed that “adverse medical incident reports” should be public knowledge to patients. That measure was known as “Amendment 7.” However, there is now an effort underway to limit access to this information once again, driving concern that physicians and other health care providers will be able to more easily conceal wrongdoing. medical malpractice

A former general counsel to the governor, now a member of the state’s Constitution Revision Commission, has formally proposed an amendment to the Florida Constitution that would place limitations on the kinds of records that could be used in medical malpractice litigation against physicians, hospitals and other health care providers.

The reason these records are so important is because they allow the public – and medical malpractice claimants in particular –  to slash through the red tape. Prior to the passage of Amendment 7 (which was done with an overwhelming majority), it was incredibly common for hospitals to make it difficult to obtain prior records of wrongs by a given physician or hospital, characterizing the data as privileged by risk management or peer review. Continue reading