Florida law has a very complex and often expensive pre-suit process for anyone who seeks to sue for medical malpractice. The pre-suit requirements are mandatory, and must be strictly complied with. But in many cases, it may not be so clear whether an injury was caused by medical malpractice or…
Normally in a jury trial involving personal injuries, a jury is free to award as damages whatever amount they see just and fit, based upon the evidence presented. Traditionally there has been no cap or maximum on an amount that can be awarded, again, so long as the award is…
A recent article from Forbes discussed the topic of medical malpractice lawsuits, particularly, how the motivation in filing a malpractice lawsuit is not always about a monetary damage award. Although many areas of personal injury law have emotional aspects to them which go beyond monetary awards, medical malpractice lawsuits and…
On July 1, 2013, Senate Bill No. 1792, codified in Florida Compiled Statutes at Ch. 2013-108, went into effect, and, within hours, spurred several legal challenges by Florida trial attorneys. The law allows physicians and defense attorneys to interview a physician regarding his or her patient’s treatment during the fact-finding…
According to a study released late last year by the Johns Hopkins School of Medicine, approximately four thousand surgical “never events” occur annually in the United States. The study defines “never events” as those incidents for which there is universal professional agreement that should never occur during a surgery. The…
Hospitals Overdosing Patients on Drug Already Infamous For Causing Liver Failure Findings published in the November 12 edition of Archives of Internal Medicine reveal that hospitals may be overdosing a significant number of their patients who are being treated with the drug acetaminophen. More specifically, researchers found, in two carefully…
Earlier this month, Palm Beach County Civil Division jurors awarded $28.45 million in damages to the mother of a Boynton Beach child who suffered a stroke and permanent brain damage after two doctors misdiagnosed what was a very serious, but eminently treatable, infection of the child’s nervous system. The child…
An East Naples man is suing NCH Downtown Naples Hospital after he reportedly suffered second-degree burns during surgery to install a pacemaker in 2008. Earlier this month, 72-year-old Frank Komorowski testified that he was burned on his chest, neck, and shoulder while under anesthesia. Komorowski stated he awoke to smell…
A Florida mother has sued Heart of Florida Regional Medical Center and a nurse employed by the hospital for negligence after the nurse allegedly severed part of her 3-month-old daughter’s finger. The baby’s mother, Veronica Olguin, has alleged hospital nurse Emily Anna Stutz negligently failed to follow proper safety procedures…