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Category: Practice Areas

Appealing a Medical Malpractice Case in Florida

If you or a loved one has suffered harm due to the improper care received at a hospital, or by a doctor, or other healthcare worker, you know how life-changing it can be. Surgical errors, birth injuries, delayed diagnoses or misdiagnoses, drug interactions, and other harms happen when medical professionals engage in medical malpractice. Read on to learn more about what you must prove in a medical malpractice case and how a Ft. Lauderdale medical...

What Factors Influence Winning a Medical Malpractice Case?

The outcome of a medical malpractice case is influenced by a number of factors. These include: The severity of the harm suffered by the patient. The strength of the evidence supporting the legal claim. The experience and skill of the attorneys involved in the case. The laws governing medical malpractice in the State of Florida. The Severity of the Harm The severity of the harm is a critical issue in the outcome of a medical...

Florida’s Medical Malpractice “Free Kill” Law

Imagine that your only child, an unmarried, childless, daughter aged 26, has died due to medical malpractice. Or turn that around and imagine that you, a widow, have died due to medical malpractice, leaving behind your 26-year-old daughter. Did you know that due to a current Florida law, neither one of you would have legal recourse against the doctor who caused harm? How can that be? Florida’s wrongful death statute specifies who can sue for...

Medical Malpractice and Minorities

There is a wealth of scholarly research that demonstrates that minorities in the United States suffer disproportionately from untreated or poorly treated health problems. Here are just some examples: A Harvard Medical Practice Study found that there were significant differences between hospitals that serve a predominantly minority population and other hospitals. Specifically, the study found that blacks were more likely to be hospitalized at institutions with more adverse events and higher rates of negligence. According...

People of Color Are Often Misdiagnosed

When people seek medical care, they expect to be attended by experts. However, people of color frequently experience different, more unfavorable patient safety outcomes.  These negative outcomes can be attributed to differences in the quality of hospital patients’ access, according to a Robert Wood Johnson Foundation analysis assessing the state of racial disparities in the quality and safety of inpatient care. The study found that patients of color have a greater likelihood of misdiagnosis or...

Forceps and Birth Injuries

Forceps are medical instruments used during childbirth to assist in the delivery of a baby. While forceps can be a helpful tool in certain situations, they also carry risks, and improper use can lead to birth injuries. In fact, while forceps are only used in 1% of vaginal births, they account for about 30% of birth injuries, including skull fractures, seizures, bleeding in the skull, facial palsy, and brain damage.  In Florida, as in other...

Understanding Lack of Informed Consent Claims in Florida Medical Malpractice Cases

Informed consent is a critical component of the patient-doctor relationship. Among other things, informed consent emphasizes transparency and communication. It also represents a respect for the autonomy of the patient. As in many jurisdictions, the concept of informed consent plays an important role in Florida in medical malpractice cases.  The term “informed consent” means the process whereby a medical professional provides a patient with all pertinent information regarding their medical situation, the proposed treatment or...

How to File a Cerebral Palsy Lawsuit

What is Cerebral Palsy? Cerebral palsy (CP) is a group of neurological disorders that affect movement, muscle tone, and posture. It’s caused in utero or during birth by damage to the brain. CP can lead to various problems in motor function and sometimes results in seizures and difficulties in communication, learning, understanding and hearing. The causes of cerebral palsy can vary and might not always be definitively determined. Some situations associated with cerebral palsy include...