Florida Injury Lawyer Blog

When medical mistakes happen, the consequences can be dire. Fatalities, head injuries, burn injuries and other serious personal injury can occur when medical practitioners make errors. When health professionals are negligent or reckless, causing mistakes, victims can seek help. The law provides redress in these cases that can be vital in giving a victim the resources to seek medical attention and help for the complications caused by the error.

Unfortunately, many victims are not aware of their rights and, in fact, are not always certain when medical malpractice has taken place. Some red flag signs of medical malpractice and error include:

1. A worsening of your condition. It may take some time for your condition to improve with treatment. However, health care professionals should give you a sense of how long you may need to wait to see improvement. If within that timeframe you have not seen improvement or if you have gotten worse, seek a second opinion.

2. Your diagnosis is logical given your symptoms. If you notice that your symptoms do not seem to indicate the diagnosis you have been given, that may be a sign of misdiagnosis. Ask your health care provider how he or she reached your diagnosis or seek a second opinion. Getting treatment for a condition you do not have can be dangerous, especially if your actual condition continues to be untreated.

3. You have common symptoms but the diagnosis you have been given is a rare or uncommon condition. You may have indicators that suggest a rarer ailment. Ask your doctor to help you understand how your diagnosis was reached. If your diagnosis still does not make sense, seek a second opinion..

4. Your diagnosis is based on a lab test alone. Physicians and other practitioners should consider your symptoms as well as tests when diagnosing. Ask to have tests run again or at the very least ask to have your tests checked independently by a second lab.

5. Usually, the diagnosis you received is based on a test you have not been given. Ask for the test to be administered or ask your physician why you did not receive the test.

Although the medical industry often claims that medical mistakes are not very frequent, research suggests otherwise. According to one Harvard University study, 95 000 people are killed across America each year due to medical malpractice in hospitals. This does not take into account the many people who sustain head injuries, unnecessary amputations, permanent injury, brain injuries, burn injuries and other permanent or serious injuries due to medical mistakes and recklessness. According to a U.S. government study, 10% of physicians need discipline dues to recklessness or negligence, although only six-tenths of one percent of physicians are actually disciplined. This means that the vast majority of unsafe medical professions are still allowed to treat other patients. Often, it is only a tragedy that takes a life that results in discipline.

Although many instances of medical malpractice cannot be prevented because they happen outside of the control of patients – in labs, for example – there are many warning signs that patients can observe. Florida personal injury attorneys with experience in medical malpractice suggest that patients can prevent problems by:

1. Selecting their family doctor carefully. Do research and ask medical professionals as well as friends or family for referrals. Talk to previous patients of your doctor and schedule an interview before you select your doctor. Ask lots of questions about experience, education and procedures. Look for a doctor who is caring, experienced, honest, and board certified. Your family physician will be making many care decisions and will also be in a position to notice medical errors and possible red flags when you are referred to someone else. Look for a doctor who has a clean and organized office and an affiliation with a hospital. This will ensure that medical treatment runs smoothly and will cut your risks of injury and medical mistakes. Also, contact with local court record and the state medical board to determine whether your physician has been sued for malpractice. While everyone can make a mistake once or twice – or be the target of a frivolous lawsuit -- multiple suits are a definite warning signs.

2. Taking charge of your own health. Health care service providers are there to provide a service – you are still in charge. Despite this, many patients willingly surrender all their medical care decisions because they assume that doctors are more educated or know more. This can increase the chances of mistakes. Always ask plenty of questions and do your own research into your health conditions and your medication. If your own research uncovers something that gives you pause, ask your doctor about it right away. Consider writing all your questions down and brining a copy of these questions with you to appointments – that way, you won’t overlook anything.

3. Being proactive about lab results. Many people assume that if they don’t hear back from their doctor about test results, that means that there was no problem. Some doctors even tell patients that they will only be contacted in the event that something is wrong. This is a troubling practice, because it can mean that human error – someone forgetting to make a phone call – can postpone diagnosis and treatment. Always schedule a follow-up to discuss test results. Also, do not be shy about asking that tests be sent to a hospital or certified lab. These tend to offer more reliable results than doctors’ laboratories. Most important of all, if you continue to have symptoms even though a test result came back negative, request a second test be done. Many tragedies happen due to lab error.

4. Being careful about surgeries and treatments. If you need surgery, a medical treatment or any other procedure, get lots of information before agreeing. Ask about the procedure, recovery times, risks, benefits and alternative treatments. If your doctor does not have the time to answer all of your questions, find another doctor. Unnecessary treatments and surgical mistakes are a key cause of medical malpractice. Be sure to learn as much as you can about your surgeon and about the staff who will be helping him or her. If you are not comfortable with the surgeon or doctor who will be performing the procedure, do not hesitate to request another professional. If you need surgery, have the surgeon mark the area that will be operated on with pen shortly before the procedure. Wrong-site surgeries are a very common – and very preventable – problem at many hospitals.

Continue reading "Avoiding Medical Malpractice Tragedies" »

Of all medical malpractice cases, few are as tragic as those cases involving birth injuries or birth trauma. Some couples spend years planning for and anticipating becoming parents. When a health care provider’s negligence or recklessness causes a birth injury or birth trauma, parents are often faced with extreme grief at a time when they also have to deal with in the medical, financial, and legal consequences of the incident. Worse, birth injuries can lead to a lifetime of pain and difficulty. Some children who do not receive proper treatment at birth suffer lifelong disabilities or injuries. Some do not survive their first few weeks of life. In addition, some mothers experience severe complications when neonatal care is not adequate.

A birth injury or trauma is defined as an injury that occurs to an infant during birth. One of the most common birth injuries occurs when a delay in delivery deprives the unborn child of oxygen. When this occurs, a child may sustain brain injuries or may suffer from cerebral palsy, erbs palsy, or other injuries.

Besides delayed delivery, other common injuries at birth include:

1) Cephalohematoma. This occurs when the area between a bone and its covering starts to bleed. In most cases, a few hours after birth this is noticed as a lump on the infant’s head.

2) Caput Succedaneum. This injury occurs when the tissues of a baby’s scalp swell significantly. Usually, this injury occurs when babies are delivered by vacuum extraction. While in some cases, the swelling goes away and causes no further problems, some babies develop bruising in the area and may even suffer permanent injury.

3) Forceps marks. When forceps are used incorrectly, they can leave marks or bruises on a baby’s head and face. In some cases, they can cause birth trauma as well.

4) Facial Paralysis. In some cases, the facial nerve can be injured during delivery, especially in cases where forceps or vacuum extraction are used. Usually, this injury is evident at once because a crying baby with facial paralysis cannot close his or her eyes and cannot move one side of his or her face. Where a facial nerve has been torn, an infant may need surgery to correct the problem.

Continue reading "Florida Medical Malpractice Cases Especially Tragic When They Involve Birth Injury or Birth Trauma" »

There are many types of medical malpractice cases quite common in Florida: prognosis misdiagnoses, surgical negligence, birth injury, anesthesia malpractice, contaminated blood, and injury from prescription drugs. Injuries resulting from these cases can lead to fatalities, brain injuries, permanent disability, spinal cord injury, and many other types of serious ailments.

By definition, medical negligence, or medical malpractice, as it is sometimes known, occurs when a health-care provider does not act responsibly or reasonably, causing harm or injury to a patient. Unfortunately, medical malpractice is widespread. According to the Institute of Medicine, up to 90,000 people die every year in US hospitals because of medical mistakes. This makes medical mistakes a leading cause of death among Americans. More than 1.3 million patients are injured each year because of medication errors alone.

One problem that occurs when victims try to fight back against medical malpractice is that medical mistakes are sometimes posited as simply mistakes. Also, strong insurance policies for medical practitioners as well as a health-care providers’ determination to stick up for one another sometimes makes it difficult for victims to find out exactly what happened when a loved one sustained a serious injury or even died as a result of negligence.

If something unexpected has occurred during medical care, and this has resulted in a death or serious injury, you owe it to yourself to find out the truth and make any health-care provider accountable for the harm caused. This is important because finding out the truth can make you eligible for compensation which can help you deal with the financial burden of serious injury or death. Also, physicians who commit medical malpractice sometimes can be repeat offenders. By exposing a health-care provider’s negligence and recklessness, you could be saving other families from the same pain you feel now.

The best action to take if you have suffered a injury or have lost a loved one due to medical malpractice is to consult a good Florida attorney. A Florida lawyer with experience in medical malpractice cases can conduct an investigation to find out whether a mistake has been made. An attorney may also contact state regulatory boards as well as licensing authorities to ensure that other patients are not harmed.

Unfortunately, many medical malpractice mistakes cannot be undone. Even if you file a medical malpractice suit and are successful, the damage that was caused by the negligent actions often cannot be undone. However, seeking legal assistance can sure that the financial difficulties that you are facing as a result of the negligence can be corrected. Having a doctor's license revoked or suspended because he or she is reckless or negligent can also help prevent other people from falling prey to the same mistakes and that have affected you and your family.

In Florida, as well as other states, malpractice lawsuits often stem from the fact the patient is given the wrong medicine. Doctors giving patients the wrong medicine, according to the National Coordinating Council for Medication Error Reporting and Prevention, is a very preventable but one can cause patients incredible harm. Thousands of people, especially older persons and minors, suffer from serious personal injury every year as a result of medication errors. Mistakes with medication can cause complications, infections, and can even make some people less resistant to superbugs. Large doses of incorrect medication can even kill.

Because of the large numbers of medical errors in this country, the Food and Drug Administration has instituted rules to reduce medication errors. One of the initiatives of the FDA is to install bar codes on medicines in order to make them easier to identify. More careful documentation has also been helpful. Many pharmacies now automatically double-check a patient's records and dispense pamphlets of information about specific drugs to help patients make the right decisions about their care.

However, there are also many things that Florida patients can do to help prevent Florida malpractice suits stemming from incorrect medication. In many cases, lack of communication is a key problem that leads to medical errors. It is important for patients to communicate well with their families, nurses, and physicians so that everyone has the information they need in order to make the right medication choices. For example, physicians always need to be reminded about any medication that a patient is currently taking. Physicians, nurses, and other health-care workers should be reminded always about allergies, doses, and about the height and weight of the patient. Many patients hesitate to questioning their health-care workers, but it is perfectly acceptable to confirm whether a specific dose of a specific medication is right for the patient and to check that a newly-prescribed medication will not interact with other drugs.

Florida patients should also communicate well with other health-care workers. They should always ask with the name of the drug they are being prescribed, the side effects possible with the drug, how often and in what manner the drug should be taken, and the purpose of the drug. Patients should never leave the doctor's office without understanding exactly how the medicine should be used and what it is. If there are any questions, it is better to speak to pharmacist or make a follow-up appointment rather than risk an error. A good physician should take time to answer all patient questions and to clarify any concerns. If you have trouble interpreting your doctor's hand writing, ask the doctor to print out or type out the information about your medication. Poor handwriting accounts for many medication errors.

When patients go to the pharmacy to pick up their prescription, they should bring along all the drugs they are currently taking. Have the pharmacist look over the medicines currently being taken and confirm that the new medication will not interfere with any of the current medications. When the medication is dispensed, patients should check to make sure that the name on the prescription matches the name of the drug on the bottle. If there are any questions or concerns, it is important that patients not hesitate, but instead contact a health professional right away.

Continue reading "Preventing Medication Mix-ups, Preventing Florida Malpractice Suits" »

Medical errors caused by negligence or oversight are a common cause of serious injury and illness across the country. These errors can range from mistakes made in surgery to misdiagnosis to incorrect prescriptions. Medical errors cause fatalities as well as a host of serious personal injuries. In many cases, they lead to wrongful death suits or other lawsuits. There are many things that patients can do, however, to reduce the chances of medical error. Experts suggest that all patients:

1) Ask lots of questions. Patients should clarify the prognosis, diagnosis, and treatment for their condition with their physician. Doctors sometimes assume that patients understand more than they do, and this can lead to mistakes. Also, do not assume anything. If tests are being run or treatment being administered, ask for the details. Ask what to expect and why the treatment or tests have been chosen. Ask about alternatives and the pros and cons of each one. Finally, if you have tests run, be sure to follow up and ask what the results are.

2) Take extra precautions when having surgery. Discuss your surgery with your doctor and surgeon to ensure that everyone is clear on what procedures will be performed. The American Academy of Orthopaedic Surgeons goes so far as to suggest that surgeons sign their initials directly on the area to be operated on. This reduces the risk of wrong-site surgery and ensures that everyone knows what sort of surgery will be performed.

3) Ask to have one primary doctor in charge of care. In hospitals or in long-term care, many healthcare professionals are sometimes involved. While this can improve quality of care, it can also increase the chances of miscommunication or mistakes. Having one person in charge can ensure that one person you trust is in charge of major decisions.

4) Repeat information as often as necessary. Not every health care worker will read charts carefully or mark down information the same way. Always advise each new healthcare professional you encounter in your treatment about your allergies and conditions as well as the medications you are taking. Consider wearing a medical alert bracelet containing relevant information as well.

Continue reading "Preventing Medical Malpractice – What Florida Patients Can Do" »

Naples, Florida has been the site of a very involved medical malpractice case. Gastroenterologist Dr. Michael Marks is being sued by Melvin Dill. The case stems from the fact that Marks performed a colonoscopy on Judith Dill. Dill’s husband, Melvin Dill has launched a medical malpractice claim, alleging that Marks’ procedure caused complications that lead to Judith Dill’s death.

The charges stem from 2003. On April 4, 2003, Judith Dill went to what is now Downtown Naples Hospital but what was at the time known as Naples Community Hospital. Dill lived with her elderly father each winter in Bonita Springs, which is why she attended the Naples hospital.

On April 4, Judith Dill had a successful total knee replacement surgery. However, a few days later Dill was ill, vomiting and expiring nausea. Dill had a history of feeling ill after anesthesia. To address the symptoms, Marks, of Consultants in Gastroenterology, was consulted about the case on April 8. On April 9, Marks performed an endoscopy. On April 12, her performed a colonoscopy. After this second procedure by Marks, Dill aspirated and vomited repeatedly.

This was only the beginning of complications that Dill’s husband alleges stem from the procedures. After vomiting and aspirating, the vomit entered Dill’s lungs. This caused an infection that eventually led Dill’s organs to shut down. She was pronounced dead on April 25, 2003.

On April 15, 2007, a jury cleared Marks of any wrongdoing in the death. It is expected that Dill will be awarded $957,460.82 -- $45,460.82 for cremation and funeral expenses as well as time spent by Dill in intensive care, $152,000 for the years of the Dills’ marriage and $38,000 for lost companionship, lost services and for Melvin Dill’s pain and suffering.

New research into medical malpractice claims paid in 2006 has revealed that Florida’s average payout for such claims was lower than the national average. The study has sparked renewed debate about the tort reform that is currently underway to change malpractice laws in Florida.

Research conducted by the Kaiser Family Foundation uncovered that Florida’s average claim payout for medical malpractice cases was $241,800 in 2006. The national average was much higher, at $308,600. Illinois had the highest claim payout, with an average payout of $629,100. However, 32 other states besides Illinois had higher payouts than Florida. The study found that there were 822 paid medical malpractice claims in the state of Florida last year. Insurance companies paid a total of $198.7 million in these claims. This averages out to 14.7 medical malpractice claims paid for every one thousand doctors in Florida. According to the Kaiser Family Foundation, Michigan had the lowest payout for medical malpractice suits. That state had 389 medical malpractice claims paid last year, with an average payout of $132,380.

What the findings by the Kaiser Family Foundation actually mean is a matter of some debate. Some Florida attorneys suggest that the findings stem from the $500,000 cap on non-economic damages. Florida approved the cap in 2003, which some Florida attorney claim reduces the rights of patients by creating smaller settlements. Some Florida lawyers suggest that the cap means that more medical malpractice cases go to court in cases where a patient suffers personal injury or death. Companies are confident that there will not be a huge settlement, even in a court case.

Other experts counter that Florida cannot be compared to other states because while most of the country’s doctors carry $1 million policies, most physicians in Florida only carry a $250,000 policy. According to at least one insurer, only 17% of Florida’s physicians have $1 million policies, possibly because malpractice insurance is more expensive in Florida. Part of the reason for that, according to insurers, is that claims are paid more often in the state of Florida, with 49% of closed Florida claims in 2006 leading to a payout. This is in contrast to the national average, where only 26% of claims closed in 2006 resulted in payouts.

Although experts cannot agree on the findings, most professionals agree that attorneys make a significant difference in the outcome of medical malpractice cases. In cases where negligence has caused personal injury or wrongful death to a patient, the patient or their surviving family can get better assistance by seeking out a qualified Florida attorney. A good, experienced Florida lawyer can uncover the facts of the case and can safeguard the patient’s best interests.

Philip Peters Jr., of the University of Missouri-Columbia School of Law has been conducting research into medical malpractice cases and his findings suggest that juries in medical malpractice cases tend to side with physicians rather than injured patients. The law professor studied malpractice cases in New Jersey and databases of information as well as statistics about medical malpractice litigation.

The findings of the research are unsettling: according to Peters, juries in medical malpractice cases favor physicians, possibly unfairly. In fact, Peters asserts that juries are more likely to defer to a physician’s opinion – more likely to defer than a physician’s peers.

According to Peters’ research, most medical malpractice cases end in defense verdicts. According to his research, the medical malpractice claims that go to trial tend to be weaker, since stronger cases are often settled out of court. Peters’ findings suggest that 27-30% of malpractice suits end in a verdict that favors the plaintiff. Of all tort litigation, this is the lowest success rate.

Peters’ data is especially important now that Congress is deliberating legislation that would assemble specialized courts for medical malpractice claims. According to Peters’ findings, doctors will not necessarily be treated more favorably in a court of their peers – it appears that non-peers offer the greatest possibility of a verdict that favors physicians.

Peters examined medical malpractice information from Florida, North Carolina, and Michigan as well as New Jersey, so Florida attorneys and plaintiffs may also want to consider these findings. Peters’ findings suggest that the greater the evidence of negligence, the more possibility there is that the jury will find a verdict in favor of the plaintiff. However, even in cases where independent experts believed that there was strong evidence of doctor negligence causing personal injury or wrongful death, juries only returned plaintiffs’ verdicts in half of the cases. In cases where an expert assessed the evidence as weak, only 10-20% of juries brought back plaintiffs’ verdicts.

Peters’ study suggests that jurors in medical malpractice suits may be unwilling to find against a doctor in cases where evidence conflicts or is unclear. The relatively high social status of physicians may also contribute to their success in the courtroom, Peters suggests, especially since health care workers may be able to afford excellent attorneys and expert witnesses.

Continue reading "A Study Reveals That Juries in Medical Malpractice Cases May Favor Defendants" »

According to the Institute of Medicine's Healthcare Quality Initiative, medical errors cause 4,000 to 98,000 unnecessary deaths and 1,000,000 excess injuries annually in this country. Common errors include misdiagnosis, providing the wrong medication, unintended medicine interaction, and wrong site surgery. Other errors, such as failure to provide the correct type of care, can also be common. In many cases, poor communication, too many patients for too few healthcare workers, inadequate training for new equipment or procedures, miscommunication due to poor handwriting, and other factors lead to medical error.

Whatever the causes of medical error, there is no doubt that errors cause incredible pain and suffering. Each year, thousands of families lose loved ones and many more individuals are injured because of mistakes that in many cases are preventable. The number of medical malpractice cases shows that in many cases, patients feel that the errors which they have endured could have been prevented. When patients contact Florida attorneys in order to launch medical malpractice lawsuits, they are effectively saying that they believe that a medical error which caused them pain was caused by negligence, not by accident.

One particularly painful type of medical error which leads to medical malpractice cases is misdiagnosis. Misdiagnosis of a serious condition can cause suffering, as an undiagnosed condition continues to cause pain while untreated. Worse, misdiagnosis can often compounds other medical errors. When a medical condition is not correctly assessed and evaluated, the patient may be given the wrong medication or treatment, which can cause serious side effects or worsen an existing condition. In many cases – notably, cancer – when a medical condition is not identified in time, delay in treatment can increase the chances that a condition will prove fatal to a patient.

Diagnosis is the first and most important step of dealing with any medical condition, and when a physician or healthcare worker does not correctly diagnose a patient due to negligence, that patient has a right to get compensation for their suffering. Seeking the help of a Florida attorney in cases of negligence and medical malpractice is important. Florida lawyers can ensure that you get the best treatment possible once you have been correctly diagnosed. If you have been misdiagnosed, Florida attorneys can also find you the answers you need and can work to ensure that other patients do not similarly suffer from negligence.

Under Florida laws, not all cases of misdiagnosis can lead to medical malpractice cases. A misdiagnosis must be the result of negligence and must have caused injury or harm. A patient must have started proceedings for their case one year from the date the injury occurred or one year from the date when the patient could reasonably be expected to know that he or she had a legitimate medical malpractice case. However, there are exceptions if you did not know you had a case. If you have been injured or a loved one has died as a result of medical error, contact qualified Florida attorneys to find out whether you can still seek legal help.

Healthcare professionals have no legal obligation to be right in their diagnosis. Therefore, even if you have been injured or a loved one has been killed due to medical error, your attorney will need to prove that the doctor failed to take reasonable measures to ensure a proper diagnosis. If a healthcare professional fails to order the right tests, fails to obtain a medical history, or fails to recognize the symptoms of an illness, then a misdiagnosis may be considered negligence.

Continue reading "Florida Misdiagnosis Can Mean Medical Malpractice – What You Need to Know" »

In 2003 and 2004, the state of Florida implemented a number of reforms that capped the amounts that attorneys can gather from medical malpractice rates. The move was ostensibly meant to reduce the number of lawsuits filed and to ease the stress on malpractice insurers. The move has left many patients worried, however, about their rights to fair compensation for the pain and suffering inflicted by medical errors and doctor negligence.

In January 2007, The Florida Office of Insurance Regulation held public hearings to look at medical malpractice rates proposed by Steve Burgess, Florida's Insurance Consumer Advocate. The hearings stem from the fact that Pro National Insurance Co.'s has recently requested an overall rate decrease in Florida of 8.6 percent. This rate would apply to medical malpractice liability policies.

Florida Sen. J.D. Alexander sponsored an amendment to stabilize the insurance market in the state. The amendment suggested excluding medical malpractice insurance from a potential surcharge that would be applied to property insurance. The move is meant to address the problem of doctors who are leaving Florida or refusing to take high-risk patients because of malpractice concerns.

Studies have suggested that high medical malpractice premiums in Florida prevent some medical students from taking high-risk residencies – such as in ob/gyn – partly because they fear getting sued and partly because of high premiums. This has resulted in a shortage of qualified health care practitioners. Florida doctors who have three malpractice judgments on their records may lose their license, but there is now limit as to how much can be collected in malpractice cases.

This causes some concern to patients who have been affected by malpractice. Negligence or intentional injury inflicted by a health care worker can cause wrongful death, disability, and serious personal injuries. Some victims are confused about their rights under the new rules. If you have been injured because of the actions of a health care professional, you may need to speak to an attorney to fully understand your options and rights.