Articles Posted in Medical Malpractice

For over a decade, Florida patients who were injured by a doctor’s negligence or malpractice have been limited in the amount they could recover in compensation. In medical malpractice lawsuits, injured patients could only recover $500,000 in damages for their pain and suffering, or up to $1 million in cases of catastrophic injuries. Recently, the state’s highest court found that these limits are unconstitutional, opening the door for injured people to recover full compensation for their injuries. Our medical malpractice attorneys  in Miami are happy to see that the highest court in the land has ruled against these caps. Not surprisingly, the caps have made it more difficult to access courts and for medical malpratice victims recover for negligent healthcare services.

Broward Case Challenges Law

In 2003, then-Governor Jeb Bush signed into law a piece of legislation meant to protect doctors from the rising costs of practicing medicine. The law aimed to correct what the legislature called a “medical malpractice insurance crisis.” According to the governor and the supporting legislators, the high cost of physicians’ medical malpractice insurance premiums was forcing doctors to either leave Florida to practice in another state or retire from practicing medicine early.

Florida has some of the highest plastic surgery rates in the country. One survey showed that Miami alone has 10 plastic surgeons per 100,000 residents. Thousands of cosmetic procedures are performed in Miami and the rest of Florida every year. In some cases, surgeons make errors that cause severe injuries to their patients. Sadly, many patients die due to the injuries they sustained during or after a plastic surgery procedure.

Medical malpractice cases are among the most complex civil actions that attorneys file. Pursuing them requires an in depth understanding of not only personal injury laws, but also the anatomy and physiology of the human body. To successfully pursue such a claim, a victim should seek a Miami personal injury lawyer with years of experience in these cases.

In a medical malpractice case, the patient must demonstrate three things: that the medical professional had a duty to the patient; that this duty was breached when the medical professional acted negligently; and that, due to this negligence, the patient suffered harm. Establishing the duty is usually straightforward—when a patient consents to a procedure, the doctor-patient relationship is established. To demonstrate negligence, a medical expert will need to testify and explain what the standard course of conduct is for the procedure in question and how the medical professional deviated from that standard.

IMG_4741Medical malpractice occurs when a medical provider, such as a doctor, hospital or clinic, performs an act or omission during the course of treating a patient that deviates from the accepted norms of practice in the medical community, causing injury to the patient. Medical malpractice occurs often here in Florida. It is critical that you are aware that Florida law places a strict deadline on when you may file a lawsuit for a medical malpractice claim.

If you or a loved one is injured at the fault of a medical provider, such as a physician, clinic, or hospital, it is imperative that you hire an experienced medical malpractice attorney. The Florida medical malpractice lawyers at Gerson & Schwartz, PA are here for you! Our attorneys represent medical malpractice victims and their families throughout Miami Dade, Miami Beach, The Florida Keys, Fort Lauderdale, Broward, and West Palm Beach.

The Applicable Statute of Limitations Period

file0001812797650Despite medical professionals having to endure strict educational and internships requirements before entering the profession, instances of medical malpractices continue to occur across the nation. Per the National Academies, medical malpractice kills more Americans annually than automobile accidents. Countless more victims survive with lifelong disabilities.

As you may know, medical malpractice occurs right here in the sunshine state, too, and in high numbers. As a matter of fact, Florida ranks in the top five states for medical malpractice payouts.  As a way of shielding against such claims, medical providers are required to obtain their patients’ informed consent before engaging in a medical procedure. This post is aimed at clarifying this somewhat complex concept.

If you or a loved one is injured at the fault of a medical provider, such as a doctor, hospital, or clinic, it is imperative that you hire an attorney for your case. The Florida medical malpractice lawyers at Gerson & Schwartz, PA are here for you.

doctorWhen you seek medical attention, you are under control of a particular medical staff. These individuals are, in the ideal world, trustworthy and truthful. Yet sometimes medical errors and even intentional misconduct occurs. Recently, two Florida surgeons have been found guilty of committing medical malpractice. In this particular case, a patient by the name of Maria Espinosa underwent surgery to remove a two-inch skull tumor. Yet, the two surgeons failed to properly evaluate Espinosa. This ultimately led to the patient’s bleeding to death. The surgeons did not notice the mass amount of blood until it was too late. It was later found that the patient should not even have undergone surgery. Other treatment would have been sufficient. The jury involved awarded Espinosa’s family $7.5 million after finding the surgeons negligent.

If you or a loved one is a victim of medical malpractice, it is important to hire an experienced medical malpractice attorney to ensure that you are adequately compensated for your loss. The medical malpractice attorneys at Gerson & Schwartz PA care about victims of medical malpractice. We have brought cases in nearly every medical specialty for failure to correctly diagnose, failure to provide appropriate treatment, and surgical errors. Cases that involve medical malpractice tend to be complex. We know the law involved and we know how to boost your chances of winning adequate compensation.  

Florida’s Medical Malpractice Law

Opened First Aid Kit

Opened First Aid Kit

If you were injured as a result of the negligence of a doctor or other medical professional, you may be able file a medical malpractice lawsuit to receive compensation for your injuries. While the damages you can receive can be substantial, the actual legal process is fraught with red tape and complications designed to discourage people from pursuing this type of litigation. While the hurdles are numerous, you deserve compensation for the many complications that result from medical malpractice and should seek all legal remedies. If you were injured or lost a loved one due to medical malpractice, contact a Miami Medical Malpractice Attorney today.

Statute of Limitations

IMG_0013_CCFar too often, our Miami personal injury attorneys read about a prescription drug causing serious, life-threatening side effects. Unfortunately, Xarelto continues this disturbing trend. Xarelto, manufactured by Johnson & Johnson and its subsidiary Janssen Pharmaceuticals, is a blood-thinning drug approved by the FDA in July 2011. Xarelto is a new type of anticoagulant drug that has captured the US drug market in recent years. Drugs like Xarelto were originally designed as an alternative to Warfarin, a similar blood-thinning medicine that has been in the market since the 1950s. However, recent research shows that Xarelto too, is coming with its fair share of problems.

Xarelto has led to an increased danger of blood clotting related injuries like gastrointestinal bleeding and severe internal hemorrhaging, especially during surgeries or following accidents. Two FDA “boxed warnings” (also known as “black box” warnings) have been prominently included on the drug’s box. One warning informs patients that stopping Xarelto early can increase the danger of building more blood clots. The other warning label states that Xarelto can add to serious head and spinal injuries (epidural and spinal hematoma).  

Xarelto manufacturers have been sued by numerous patients who suffered strokes, pneumonic embolisms, deep vein thrombosis, and heart attacks. Adverse Xarelto side effects can result in extensive hospitalization, lengthy medical bills and considerable time off from work. These damages are recoverable by victim who suffered Xarelto side effects or by the family of a loved one who lost their life due to Xarelto.

When a law changes, the question often arises as to when it is actually effective and whether it can affect or change the rights of parties that may have filed a lawsuit when the old laws were in effect. A new case discusses this principle in the context of medical malpractice.

malpracticemoneyLaw Changes and Retroactivity

It is generally accepted that when a law changes that affects substantive rights, the law change is not retroactive. If the law changed to say that you could only own two dogs, for example, and you already owned three, the change would not apply to you. Law changes that only change procedure (such as how the courts operate), however, generally are retroactive.

One of the most frightening scenarios for patients who undergo a surgical procedure in a hospital is the possibility of having a foreign object left inside of them. A recent case discusses how and when the law protects those who fall victim to this kind of negligence.

DSC06065

Man Has Object Left Inside of Him

Recently, a man underwent a surgical procedure in a hospital, and a drain was inserted into him, a common procedure to allow drainage of excess fluids. A nurse eventually removed the drain. The man began experiencing intense pain for days afterward. What he didn’t know then, but eventually learned, was that a portion of the drainage tube had dislodged, and remained inside of his body.

When we think of medical errors, we usually think of medical malpractice, or errors by other medical providers or facilities. We don’t often think of pharmacists. But where a medication creates an adverse effect—including death—it’s important for someone who is injured to consider the liability that a pharmacist may have.

apothecary-159037_1280

When Pharmacists are Liable

Suits against pharmacist may include:

badges