Florida Injury Lawyer Blog

According to the Institute for Healthcare Improvement, an estimated 40 000 patients every day across the US are experiencing medical harm. In many cases, this medical harm comes from medical mistakes and preventable errors. According to one North Carolina study, there are 25.1 patient injuries in the US per 100 hospital admissions. According to a Health Grades study, nearly 200 000 Americans die each year due to preventable medical errors. This figure does not include drug interactions and side effects, which account for another 100 000 deaths annually, according to the organization.

Miami medical mistakes are common, simply due to the large number of people in the city. However, medical mistakes and misdiagnoses are also common throughout Miami-Dade county, Broward county, and across Southern Florida. There are many reasons for this:

1) Inadequate hand washing and hygiene. Hospitals and all health care settings are a perfect breeding ground for bacteria and infections. In fact, many superbugs and other serious infections develop or spread in hospital settings. While all medical professionals are taught about the importance of hand washing and hygiene, the actual practice of standards varies widely.
2) Incorrect medication or dosages. Medication in the wrong doses can lead to permanent injury or fatalities. Prescribing the wrong medication or pharmaceutical errors are also a leading cause of adverse effects in clinics and at hospitals.
3) Catheters. Catheters increase the risk of bladder and kidney infection. They should be used only if needed and should be removed as soon as they are no longer needed.
4) Lack of patient observation or monitoring. Miami slip and fall accidents occur to patients regularly, and can be especially dangerous for elderly patients. As well, bed sores and other symptoms of inadequate care are often reported by frustrated patients. If patients need to be in bed in the hospital for an extended period of time, they should be placed on an air flow mattress and their position should be shifted regularly. Bed sores can become large wounds and can even become infected, so it is important to ensure that they do not form.
5) Infections. Infections can easily occur after many medical procedures and surgeries. Proper monitoring, correct use of antibiotics, and frequent replacement of dressings can help reduce the risk.
6) Blood clots. Blood clots are a potentially serious complication which can occur after surgery or after a prolonged time of bed rest. Blood clots can be prevented by walking (where possible), pneumatic boots, and blood thinners. If a blood clot does develop, it can be fatal if it travels to the heart, brain, or lungs.
7) Cost considerations. In cases where doctors are overworked and facilities are understaffed, there is less time and fewer resources available for each patient. This can easily lead to mistakes as medical professionals rush to complete tasks that require a larger team of professionals.

There are many things you can do to help prevent Miami misdiagnosis and medical errors. Bring a trusted friend to medical appointments, for example, to act as an advocate. Ask plenty of questions and take an active role in your treatment. Write down instructions, the medications you have been given, and other details shared with you by medical staff.

Continue reading "Where Risks of Miami Medical Mistakes Come From" »

According to a report by the Office of Inspector General (OIG), every month one in seven Medicare patients hospitalized in the US experience a so-called “adverse event” because of preventable medical error. This amounts to 1.6 million Americans every year and 134 000 patients each month falling victim to medical mistakes. Some of these mistakes lead to permanent or serious injuries and in 180 000 thousand cases per year, the result of the mistakes is fatal.

Medical mistakes happen in every Miami-Dade county hospital, and they range from infections to incorrect medical prescriptions or doses, equipment failure, surgical mistakes, poor wound care, and other mistakes. Miami slip and fall injuries in hospitals and clinics also account for many patient injuries, especially among the elderly. According to the OIG and other experts, there are a number of things that patients can do to help prevent medical errors and adverse events when getting healthcare:

1) Maintain good health. Most doctors agree that the best way to avoid medical mistakes is to maintain good health so that less hospital care is needed. While Miami-Dade county hospitals take care to prevent errors and to provide safe environments, hospitals are by their very nature filled with germs and potential hazards. The less time you spend in them, the less likely you are to become a plaintiff in a Miami medical malpractice lawsuit.
2) If you do need medical or hospital care, go with a trusted friend or family member. This person can observe the care offered and help raise concerns as needed.
3) Insist that healthcare providers wash their hands or use a hand sanitizer and place fresh gloves on their hands before touching you. You should be able to observe this process. One of the fastest ways that infections spread in a healthcare setting is from healthcare providers to patients.
4) Ask lots of questions. Ask about tests, procedures, medications, and catheters. Make sure that they are required and ask about any side effects.
5) Make sure that any allergies you have are listed clearly on both your wrist band and your medical chart.
6) If you have dressings, make sure that they are not loose and do not emit a bad odor. If they do, you may have an infection or be at risk of one. Make sure that dressings are changed regularly.
7) Check the hospital’s rate of mistakes and complaints about the hospital before you check in. If you have the option, consider looking around for a Miami hospital with a good reputation for care.

If you have experienced an adverse reaction in hospital, you may need to seek medical redress. Even in cases where a medical mistake causes a longer hospital stay or expensive medical bills, patients and their insurers are often left with the bills. Florida law protects you. If the medical mistake in your case was caused by negligence or recklessness you can seek redress under Florida law in order to get a recovery that allows you to pay for the medical bills and lost income caused by the medical mistake. However, you will need a talented and aggressive Florida medical malpractice attorney to fight for your rights, as medical professionals and hospitals are protected by powerful insurance carriers. A good Miami medical malpractice attorney can gather evidence in your case and can ensure that you have a strong case.

Continue reading "Preventing Miami Medical Malpractice Lawsuits and Medical Errors" »

Just about everyone can make a mistake on the job, but when doctors make an error, it can lead to serious complications and even death. Each year, millions of Americans are affected by misdiagnosis and medical errors, and some of these errors cost lives. For families forever affected by a medical misstep, navigating the Florida legal system can be challenging.

Florida law does make provisions for patients who are affected by medical malpractice. This means that if a doctor or medical care professional has made a mistake caused by recklessness or negligence, the injured party has recourse to pursue a legal case against that professional. However, there must be proof that the misdiagnosis or error was caused by recklessness or negligence.

This can pose a challenge for a grieving family. In many cases, it is difficult to get proof of negligence or recklessness in cases of Florida misdiagnosis or medical error. Medical clinics and hospitals, worried about litigation, may not be willing to share records. Doctors may be unwilling to speak out about a colleague and many doctors are protected by medical staff, insurance carriers, and professional bodies who work very hard to keep doctors free from blame.

As well, the laws surrounding medical malpractice can be very confusing. For example, in April 2011, the Florida house approved a new bill which would make it harder to hold hospitals liable and would place the burden of evidence on plaintiffs in Florida medical malpractice cases. The bill would also place stronger punishments on doctors who give misleading or untrue testimony in court. Changes such as these to medical malpractice laws can also be confusing to those affected by medical errors.

It is for these reasons that it is important for families to consult a qualified Florida personal injury attorney if they feel they have a medical malpractice case. A good attorney can thoroughly investigate the claim, find doctors who are willing to act as expert witnesses, and can guide the family through the legal process. If you feel that you may have a Florida medical malpractice suit, it is important to speak with a qualified attorney. He or she can help you seek the support you need so that you can focus on recovering from the complication.

Continue reading "Understanding Proof in Florida Medical Malpractice Cases" »

Medical errors can happen just about anywhere. Each year, Florida personal injuries occur when healthcare professionals are negligent or when these professionals make an error. Medical malpractice suits are common when patients are injured at the hands of the medical professionals they trust. Patients have a great deal of power, however, when it comes to stopping negligence and mistakes:

1) Choose doctors carefully and work to establish good communication with your doctors. A good doctor or specialist is very important, so choose carefully. Ask for recommendations and make sure that your doctor or specialist is in good standing with a professional organization. Find out whether your doctor or specialist has any pending lawsuits against them. Interview a few doctors and specialists to find one who is caring and who is willing to listen to and answer your questions. Once you find the right doctor or specialist for your needs, work at maintaining good communication. Note down any medical history, any symptoms, and any medicine you are taking. If you have switched doctors, make sure that your medical records are forwarded so that your new physician has all the facts he or she needs to ensure quality care.

2) Review the basics. Often, medical mistakes happen because a health care professional does not review the basics – such as patient allegories, medical conditions, and medications. Each time you submit to a treatment or are given a new medication, be sure to ask whether the treatment or medicine is fine for you, based on your allergies, medications, and conditions.

3) Take good care of your health. A healthy lifestyle can help prevent many illnesses, ensuring that you need to rely on health care less.

4) Always get it in writing. If you get a diagnosis, test results, or instructions from a physician, write it down or get the doctor to write it down. That way, you can be sure you have your facts right.

5) Get to know your pharmacist and other health care professionals. Pharmacists can be crucial in helping you prevent medicine interactions and other problems. They can also offer an array of medical advice.

6) Get a second opinion. If you have been diagnosed with a serious illness or will need surgery, be sure to get a second opinion. This way, a second physician has a chance to notice any errors. Some Florida cancer misdiagnoses, for example, can be prevented with re-testing and a second opinion.

Continue reading "Avoiding Medical Malpractice Suits and Medical Errors" »

Preventable medical errors are more frequent during holidays, weekends, nights, and during the winter and summer. While it is not always possible to decide when you will be in the hospital, if you have an elective procedure coming up, you will want to take precautions to minimize the risk of medical error and medical malpractice.

For example, in the medical profession it is known that medication errors and other preventable medical errors occur in academic hospitals across the country every July. This is known as “the July Effect” and occurs when new first year medical residents join academic hospitals during July. A study in the Journal of General Internal Medicine reports that when experienced hospital staff leave on vacation in July and are replaced by new residents, errors increase sharply. Locations without teaching hospitals, according to the research study, do not experience the same July effect.

Studies have shown that spring break, weekends, nights, summer vacation, long weekends, and holidays are among the worst times to be admitted to hospital. According to studies done, medical errors are more likely during these times because there is less hospital staff during these times and less experienced staff (staff with less seniority) are often on staff during these times. Some medical services may also not be available during these higher-risk times. These small changes can have a profound impact on patient results. According to research published in the CHEST, patients admitted on weekends to the ICU (Intensive Care Unit) at hospitals were 6% more likely to die than patients admitted during the week.

In addition to medical errors, patients need to be careful about Florida medical malpractice. Far beyond being just a mistake, Florida medical malpractice occurs when a doctor or health care professional is reckless or negligent in their duties, leading to personal injury or fatalities. Each year, Florida patients are killed or suffer serious Florida personal injuries and complications due to medical malpractice. However, Florida malpractice suits are very hard to prove, because it is often difficult to prove that a case involves negligence rather than simple error. A qualified Florida medical malpractice attorney is needed in these cases.

There are many things that patients can do to help prevent malpractice and medical error. Patients have rights in hospitals, for example, and should speak up to demand those rights. For example, patients should ask medical professionals to carefully explain all treatments, options, and diagnoses. Patients should also ask medical professionals to wash their hands and don new gloves when treating them. Many patients find it useful to bring a friend with them, who can jot down information and answers to questions.

Continue reading "Medical Malpractice in Florida " »

The decision to pursue a Florida medical malpractice lawsuit is a difficult and painful decision. It also usually occurs at a very difficult time. Usually, these legal actions occur after a loved one has been misdiagnosed or has received the wrong treatment at a medical care facility. Both misdiagnosis and medical malpractice can devastate families. They can lead to death, permanent injury, or serious complications. In many cases, a medical practitioner’s negligence or recklessness can cause immense pain as well as considerable medical bills, lost income, and other costs. When dealing with these challenges, it can be difficult to decide whether to seek legal action. In general, patients ask themselves the following questions before deciding:

1) Did the misdiagnosis or negligence lead to a serious injury or condition which resulted in lost wages, medical bills, and other damages? In most cases, Florida medical malpractice suits can move forward only if the patient has suffered due to a misdiagnosis or due to negligence.

2) Was there negligence or recklessness involved? In a Florida medical malpractice case, the plaintiff’s attorney must often show that a medical professional acted in a reckless or negligent manner, rather than simply making an honest mistake. A qualified Florida personal injury attorney will often investigate the case thoroughly in order to find any evidence of negligence.

3) Would another medical professional reasonably have acted differently? In many cases, a good Florida medical malpractice attorney will strive to show that a reasonable medical professional would have acted differently than the defendant, thus proving that negligence may have taken place. An attorney may call expert witnesses to the stand in order to prove this.

Often, it can be difficult to decide whether negligence or recklessness has taken place. In some cases, medical facilities attempt to minimize or hide possible problems and patients may not know enough about medical practice to be able to identify negligence. Often, discussing a suspected case of Florida misdiagnosis or medical malpractice with a qualified Florida personal injury attorney is the best option. A qualified Florida attorney is experienced enough to know whether a case is strong and meets the requirements for legal action. A good attorney can also advise a victim of their rights and ensure that a victim of medical malpractice does not inadvertently sign away any rights.

Continue reading "Deciding To Pursue A Florida Medical Malpractice Lawsuit " »

Veterans and sometimes their families may choose to be treated by VA hospitals and facilities, which are managed and overseen by the Department of Veteran Affairs (VA). As with any medical facility, there is the risk of medical negligence or injury at a VA hospitals. Sometimes, veterans and their families sustain serious or permanent disability due to an incorrect diagnosis, incorrect medication dosage, and other errors. These medical errors and this type of medical negligence can lead to fatalities, brain injuries, paralysis, and other complications.

When veterans or their families are injured as a result of possible malpractice, there is a federal law in place to offer protection. This law, the Federal Torts Claims Act (FTCA), allows veterans and their families to US government in a malpractice suit. It is a good idea for veterans affected by possible malpractice to contact a qualified personal injury attorney after an injury at a VA medical facility. While the FTCA protects veterans and their families, the requirements for filing under the FTCA are quite complex.

Before a veteran can file a claim under the FTCA, he or she must make an administrative claim against the VA clinic, hospital, or facility which caused the injury. This claim must state in full the amount of damages being sought. To make this claim, you need to complete Standard Form 95, available through an attorney or some government agencies.

While it is possible to file a claim on your own, it is generally advisable to consult with a qualified Florida personal attorney first. Once you complete a claim, you lose the right to claim any additional funds, except in very rare cases. It is essential, therefore, to carefully calculate the full amount of your claim accurately. A personal injury attorney can help you do this and can therefore ensure that you receive the full amount you are legally entitled to. This is vital, as it can affect your ability to secure the best quality care for yourself and your family.

Once your claim has been filed, the VA will investigate the claim and review your claim. This will take six months. The VA will then make a decision regarding your claim. The agency may settle for less than your full requested amount, may pay out your claim in full, or may reject your claim. If you have not heard from the VA in six months, this is considered a rejection of your claim. Keep in mind, however, that even if the VA rejects your claim, you may still pursue the issue by filing a federal lawsuit. For this, you will need a good personal injury attorney.

If your case goes to court, you and your attorney will sue under the FTCA. This means that you must generally file your lawsuit within 2 years of your injury. Waiting can affect your claim, so it is important to seek out an attorney very quickly if your claim is rejected. Find an attorney as soon as in the process as you can to safeguard your rights and your claims.

Deciding to pursue a medical malpractice suit is often a very difficult decision. In these situations, there is often a strong sense of betrayal because we all trust medical professionals to make us better and when we sustain injuries or harm at the hands of a doctor or health care professional, there is usually a host of conflicting feelings involved. As well, the physical pain and suffering caused by a medical mistake or malpractice can often make it difficult to focus on legal matters.

When deciding whether to pursue a medical malpractice suit, it is a good idea to consider liability, damages, and payment. Liability refers to whether someone is legally responsible for your injury and whether their negligence caused your injury or current condition. To determine liability, you need to determine what the standard of care is in cases such as yours and whether that standard was followed. If that standard was not followed, you need to show that that omission lead to your injury.

If you can prove that negligence caused your injury and that someone is liable, you will need to determine what damages you are entitled to. You may seek damages to cover lost income, pain and suffering, and medical costs. How much in damages you can seek will depend on how much your injury affects your quality of life and your job. You also need to determine who will pay the damages and whether they can pay. Usually, an insurance company for a doctor or hospital will take care of damages.

When deciding on a medical malpractice case, it is important to keep in mind that these cases are often much more difficult than other personal injury cases. Physicians have excellent insurance providers who will fight very hard to deny blame. These cases tend to be longer and more difficult to prove than many other personal injury cases. If, for example, you have sustained a brain injury due to a mistake made in the operating room, you will need to prove that the mistake was negligence and might have been prevented with due care. This can be very difficult and expensive to prove – often, attorneys need to hire expert witnesses.

About 90% of all medical malpractice cases are settled out of court, often for less than the victim was originally seeking in damages. As a result, attorneys are often reluctant to take on such cases unless a great deal of damages can be claimed. You will need to decide ahead of time whether you have a strong suit. If you are in doubt, contact a Florida personal injury attorney. He or she can tell you whether you have a strong case.

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.

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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.