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Our attorneys are routinely contacted by the news media to comment on legal issues. To coordinate interviews, journalists should contact Gonzalo Perez, the firm’s administrator:
(954) 523-9922 or via e-mail at firm@hpslegal.com.

Press Release: Haliczer Pettis & Schwamm Attorneys Selected to Florida Super Lawyers

June 24, 2021

PRESS RELEASE

Contact: Carrie T. Ryder
Director of Marketing
954.523.9922
cryder@hpslegal.com

HALICZER PETTIS & SCHWAMM ATTORNEYS SELECTED TO FLORIDA SUPER LAWYERS

Haliczer Pettis & Schwamm (HPS), a leading Florida catastrophic injury law firm, is proud to announce that James S. Haliczer, Eugene K. Pettis, Richard B. Schwamm and Debra P. Klauber were named to the 2021 Florida Super Lawyers list. Each attorney has been ranked by the publication in multiple practice areas online.

  • The firm’s Co-founder and Managing Partner, James Haliczer, is listed in the Personal Injury – Medical Malpractice and Business Litigation areas.
  • Co-founder and Senior Partner Eugene Pettis is listed in the Personal Injury – Medical Malpractice and Civil Litigation areas.
  • Orlando-based Senior Partner Richard Schwamm is listed in the Personal Injury – Medical Malpractice and Personal Injury – General areas. Richard is also listed in the “Top 50: 2021 Orlando Super Lawyers List.” 
  • HPS Appellate Practice Leader Debra Klauber is listed in the Appellate, Civil Litigation and Personal Injury – Medical Malpractice areas.

About the Super Lawyers Selection Process

No more than five percent (5%) of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.

About HPS

Established in 1996, HPS has spent the past 25 years dedicated to seeking justice for their clients. The firm and its attorneys currently focus on representing clients in the areas of medical malpractice, wrongful death, personal injury and workers’ compensation matters, with offices located in both Fort Lauderdale and Orlando. Over the years, the attorneys at HPS have built a reputation for strong client advocacy and integrity. Outside attorneys are encouraged to contact us for co-counsel opportunities. Visit www.hpslegal.com to learn more about our firm.

HPS Legal Alert: WHY ARE MULTIPLE EXPERTS NEEDED IN BIRTH INJURY CASES?

 
June 4, 2021
 
A serious injury to a newborn child is a devastating event. Dealing with the complex medical-related legal issues, intertwined with the emotional and financial impact of this kind of injury on the child and the parents, requires experienced medical malpractice attorneys. A firm with the time, legal expertise and financial resources must effectively pursue the case and that requires familiarity with seasoned industry experts.
 
A Startling Trend
 
Attorneys who have regularly dealt with birth injury/medical malpractice claims have seen inexperienced lawyers misunderstand how to successfully litigate these cases to resolution, by taking serious missteps in enlisting the assistance of only one subject matter expert to support the case. That approach is almost always inadequate and unsuccessful.
 
For example, if the case involves negligence during the delivery of a child, an inexperienced lawyer might believe that only an obstetrician expert is needed to argue that the delivering physician should have done something different to change the unfortunate outcome. However, that type of analysis and strategy regularly proves insufficient in a courtroom. Important questions remain: Was the negligence related to pre-delivery or post-delivery care? What caused the newborn child’s injury and who is to blame? What is the strategy of the legal team when explaining the injured child’s damages and the family’s financial struggles to the jury?
 
The Value of Hiring Multiple Experts
 
Our decades of experience have shown that multiple experts are needed to prove who is responsible for the devastating injuries to a newborn child, what actions could have been taken to prevent the injuries and how the families should be compensated.
 
The below table outlines the different types of experts that should be considered when dealing with a birth injury/medical malpractice claim.
 
 
The Key Takeaway
 
A complex medical malpractice case involving a brain damaged child is not a simple or inexpensive task. Firms like Haliczer Pettis & Schwamm have the required experience and relationships with nationally-recognized experts to give the family the peace of mind and best opportunity for a successful outcome.
 
If you are involved in a birth injury medical malpractice claim and would like to discuss your options, please contact Richard Schwamm (407.841.9866), Jim Haliczer (954.523.9922), or any member of our Haliczer Pettis & Schwamm legal team:
 

HPS Headline: Miami Herald Article “Florida protected OB-GYNS from paying for their mistakes. They handed taxpayers the tab” Discusses Proposed Changes to NICA Plan

06/01/2021

At HPS, we continue to fight for the rights of injured children and their families. When a child is born with brain damage, doctors and hospitals can often times avoid financial responsibility by claiming that the Florida Birth-Related Neurological Injury Compensation Association (NICA), the organization that manages the Florida Birth Related Neurological Injury Compensation Plan, should foot the bill for the injured baby‘s future medical care. This hasn’t been fair since this law was enacted in 1988 and now, proposed changes by the Florida legislature and a new federal lawsuit “might” provide better financial benefits for the families devastated by such an injury. These legal challenges aren’t enough, in our view, to radically change this unfair law which serves as a legal obstacle to suing doctors and hospitals when these mistakes happen and prevents financial recovery for the children that need it. If you believe you have a qualifying case that needs immediate attention, please contact us at firm@hpslegal.com

Read the full Miami-Herald article here.

HPS Legal Alert: SHOULD WE EXPECT A MEDICAL MALPRACTICE LITIGATION SURGE IN 2021?

 
May 19, 2021
 
The short answer is probably yes. 
 
When we talk about a “surge”, what we really mean are two things.
 
First, more existing medical malpractice cases will start to go to trial after the courthouses re-open. In fact, the Florida Supreme Court all but confirmed that this will happen when it entered an administrative order requiring the circuit courts to get things moving with case management orders and anticipated timelines for trials. We fully expect that ongoing cases, which have slowed or stalled due to courthouse closures, will regain significant momentum in the next half of this year.
 
Second, more cases will probably be filed for a couple of reasons. Patients are now seeing their physicians more frequently for regular visits, and they are also undergoing elective procedures at hospitals and surgery centers now that COVID cases are not taking all of the time and attention of the front-line workers in our healthcare system. This means more “opportunities” for medical mistakes to happen. Additionally, patients who have been injured during the pandemic will be willing to venture out to seek competent legal counsel to investigate their claims and represent them if litigation ensues.
 
As things start to ease back into a “new normal” it is likely, unfortunately, that some of the common mistakes that have plagued our healthcare system for so long (including the failure to timely diagnose conditions in the emergency room, failure to timely diagnose cancer, failure to timely diagnose life-threatening heart conditions like stroke or heart attacks, improper discharge from hospitals, negligent care of women during pregnancy, and a multitude of surgical errors) will reemerge as the continued hot topics in medical malpractice litigation. 
 
KEY TAKEWAYS
 
As a medical malpractice firm handling these cases on behalf of patients and their families, we expect the hospitals, doctors, and their insurance companies will soon realize that old litigation that had stalled in the court system will begin moving again in earnest.
 
The courts will be focused on giving injured plaintiffs in medical malpractice and other personal injury cases the opportunity to have their day in court. It also appears highly unlikely that those hospitals, doctors, and their insurance companies will be able to seek continuances absent extraordinary circumstances. This should lead to many more mediations, settlements, trials and jury verdicts over the next 12 to 24 months. At the same time, we expect new cases to increase and, given the new mandates by the Florida Supreme Court, future litigation should also move through the courts with more momentum than we have seen in the past. 
 
We remain ready, willing and able to work with our referring attorneys and clients to get ahead of this surge. We are actively preparing our ongoing cases for trial and would encourage our referring attorneys to bring any new potential cases to our attention as soon as feasible so we can be prepared to take advantage of the new case management practices and hopefully push those cases to a prompt resolution.
 
If you believe you have a qualifying case that needs immediate attention, please contact any of our HPS attorneys:
 

Our priority is to maintain the safety and comfort of our clients during the COVID-19 global health pandemic. We offer an array of telephone and virtual meeting formats (ex. ZOOM) so you may speak with our attorneys while protecting you and your loved ones. If interested, please call us at (954) 523-9922 or email us at firm@hpslegal.com–to discuss all our confidential remote meeting options. We look forward to continuing to help you in these challenging times.