Medical Malpractice

November 12, 2024

Three Legal Points to Know About Diagnosis Errors

A misdiagnosis can have catastrophic consequences, leading to worsened health conditions, additional medical treatments, and even wrongful death. A diagnostic error can happen in two different ways, according to the National Library of Medicine (NLM). The first is through the failure to establish an accurate and timely explanation of the patient’s medical condition. A secondary form of misdiagnosis is the failure to communicate medical explanations to the patient.

If you suffered harm because of a diagnosis error by a Florida healthcare provider, you should realize that you have legal rights. The process is complicated because of the subject matter and state medical malpractice laws. A Miami diagnostic errors attorney can explain details, but keep in mind these essential legal points.

Legal Framework for Diagnostic Error

May 15, 2023

Evidence Needed to Prove a Florida Medical Malpractice Case

by Gerson & Schwartz, P.A.

Like other US states, you have rights under Florida medical malpractice laws if you suffered injuries or other harm at the hands of a health care provider. The state medical negligence statute allows you to recover damages if you can prove that the actions of your physician represent a breach of the relevant standard of care. This standard refers to the level of care and skill that would be considered acceptable and relevant in light of the circumstances surrounding treatment.

Based on this summary of proving med mal, you can see that two important aspects of your case are determining the standard of care and showing how your doctor breached. Meeting this burden requires solid evidence, so it is wise to get help from a Miami medical malpractice lawyer. There are multiple sources that you might rely on to enforce your rights, such as:

Medical Records

February 8, 2023

Pre-Suit Filing Requirements for Florida Medical Malpractice Cases

by Gerson & Schwartz, P.A.

Personal injury cases always involve significant investigation activity and numerous tasks before suing in court, but Florida medical malpractice cases take things to another level with pre-suit requirements. At one time, there was a spike in frivolous lawsuits against physicians, prompting lawmakers to enact Florida’s medical negligence statute. The law requires claimants to take certain steps before initiating litigation to ensure that the case actually has merit and can be supported by medical evidence. Failure to comply with the statutory requirements could result in a dismissal of your case.

If you or a loved one was affected by medical negligence, it is wise to get legal representation to manage the complicated tasks. You are up against an insurance company with experienced employees and a skilled legal department, so level the playing field by retaining a Miami medical malpractice lawyer. For some background, you can review the different pre-suit requirements that your attorney will address.

Reasonable Investigation: It is always essential to conduct an investigation and gather detailed evidence for a personal injury, so Florida’s med mal law does not change this strategy. However, it imposes strict rules on the focus of the probe. Your lawyer must make a reasonable investigation as allowed by the circumstances, and the facts need to support a good faith belief that the health care provider was negligent. Medical negligence occurs when a physician deviates from the standard of care that applies to the practitioner and situation.

April 15, 2022

False-Positive Cancer Misdiagnosis: Extreme Risks of Care You Did NOT Need

by Gerson & Schwartz, P.A.

The very notion of cancer instills fear, uncertainty, and anxiety, so it is horrific to think about how often Florida health care providers commit serious diagnostic errors related to this disease. According to the National Institutes of Health (NIH), a missed cancer diagnosis represents around 46 percent of all mistakes in ambulatory care. The most common to be misdiagnosed include lung, colorectal, prostate, and breast cancers, so it is upsetting when a patient loses precious time that could have been dedicated to treating the disease.

However, not many people realize the implications with the other extreme: A Florida health care provider issues a false-positive cancer diagnosis. Learning that you do NOT have cancer might seem like a relief, until you realize what you went through physically, financially, and emotionally. Though you should count on a Miami diagnostic errors lawyer for details, an overview of the consequences of a false-positive cancer misdiagnosis is useful

Harsh Cancer Treatment

February 5, 2021

Recent Advancements Support Early Detection of Newborn Brain Trauma

by Gerson & Schwartz, P.A.

Possibly the most devastating news new parents will ever receive is a diagnosis that their infant suffered head injuries or traumatic brain injury (TBI). Various factors during gestation, during labor, and shortly after delivery can lead to serious, life-long medical conditions, including cerebral palsy, Hypoxic Ischemic Encephalopathy (HIE), or cognitive disorders. At such an early age, your newborn baby needs immediate and potentially extensive treatment. Limitations have impeded such efforts in the past, but a recently developed technology known as Magnetic Resonance (MR) Spectroscopy offers new hope for parents: This new scan could lead to detection of brain trauma in infants up to two years earlier than currently employed methods.

Though the MR spectroscopy cannot reverse the damage, it can inform physicians and parents regarding a life care plan for the child. In addition, the technology can be useful when you are seeking your legal remedies through a medical malpractice claim. You should discuss your options with a Miami birth injuries lawyer, but an overview of this brain scan may be useful.

Key Findings on Detecting Brain Trauma in Infants

November 25, 2020

List of Recalled Drugs Linked to NDMA Contamination

by Gerson & Schwartz, P.A.

If you take certain medications for high blood pressure, heartburn, ulcers, and related medical conditions, you may be aware of multiple product recalls announced during 2019 and continuing throughout 2020. The US Food and Drug Administration (FDA) outlines the risks involved with these prescription and over-the-counter drugs, which may contain unsafe amounts of N-Nitrosodimethylamine (NDMA) – a substance recognized by US officials and international medical groups as having the potential to cause cancer.

While the NDMA contamination may seem like a typical dangerous drug case, there are several factors that make these matters complicated. You can trust a Miami products liability lawyer to explain the laws and assist with your legal remedies, but some basic information may be helpful.

Dangerous Drugs Linked to NDMA Impurities

June 26, 2020

Surgical Errors by Florida Doctors can Lead to Serious Injuries

by Gerson & Schwartz, P.A.

There are risks associated with any type of surgery, whether you are being treated under emergency circumstances or through an elective medical procedure. The intricate, meticulous nature of surgery means that any slight mistake can lead to serious harm, long-term complications, and even death for the patient. Unfortunately, the vast majority of surgical errors are preventable. Online health care resource WebMD indicates that there may be more than 4,000 mistakes made by surgeons every year; the actual figure may be higher than this estimate because of issues with reporting.

Surgical mistakes are referred to as “never” events because they should not ever occur when a provider in the specialty area of surgery exercises due care. These errors can rise to the level of malpractice, so you should discuss your legal remedies with a Miami medical malpractice lawyer. You might also find it useful to learn about the most common surgical errors.

Leaving Objects Inside the Patient: Fatigue, interruptions, and understaffing may lead a physician to be careless when suturing a patient after surgery. He or she may not notice that a sponge, tool, clamp, or other equipment was left behind. This type of surgical mistake is especially harmful because the object may not be discovered for weeks or months afterward.

April 10, 2020

Hospital Negligence Involving Coronavirus

by Gerson & Schwartz, P.A.

The United States now has more diagnosed cases of coronavirus than any other country. The death toll in Florida continues to rise. With so many sick people seeking hospitalization related to coronavirus, hospitals are becoming overloaded and many health care professionals do not have the required protective equipment. Many Miami residents might wonder whether or not they can bring a lawsuit for hospital negligence involving coronavirus.

Can You Sue a Hospital for Negligence Related to Coronavirus?

Coronavirus is an incredibly invasive virus. Negligent safety practices in hospitals can result in patients becoming infected with the potentially deadly disease. Older individuals are more likely to die from coronavirus complications. Additionally, people with underlying medical conditions are more susceptible to dying from complications of coronavirus. In certain situations, people whose loved ones suffer long-term injuries or death due to hospital negligence may have a legal right to sue the hospital.

June 19, 2017

Florida Supreme Court Strikes Down Caps on Medical Malpractice Damages

by Gerson & Schwartz, P.A.

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.

October 10, 2016

Plastic Surgery Medical Malpractice in Florid

by Gerson & Schwartz, P.A.

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.