Florida Injury Attorney Blog

Kellee J. Lee-Howard’s family is suing surgeon Alberto Sant Antonio for Broward County plastic surgery malpractice. They are alleging Florida wrongful death.

Lee-Howard died on February 14, 2010 one day after undergoing liposuction surgery. In their Broward County, Florida surgical malpractice complaint, her family is claiming that Sant Antonio improperly gave her the lidocaine and this caused her death.

This summer, Sant Antonio was barred from performing further surgeries after another patient died during liposuction. Maria Shortall stopped breathing right after fat was sucked from her middle area and injected into her backside. Fat pieces entered into her bloodstream, preventing blood from going into her lungs, and that is when her heart stopped.

Shortall’s family is also blaming Sant Antonio. They claim that the Alyne Medical Rejuvenation Institute, where she underwent the procedure, did not have all of the equipment that the state requires and there was no one present trained to handle the emergency medical situation that arose. The state found that the liposuction procedure was too complicated to be performed at the Weston clinic.

Sant Antonio is not board certified to perform plastic surgeries. He also lacks the qualifications to administer anesthesia or deal with the side effects.

Unfortunately, there is a growing number of physicians who are performing procedures that are beyond their qualifications or scope of training. One reason for this is that state laws regarding office-based surgeries are usually not strict. For example, in the area of plastic surgery, there are some doctors that perform cosmetic procedures after observing other doctors for a couple of days. USA Today even reports that there are dentists performing breast implants, gynecologists doing tummy tuck procedures, and radiologists performing liposuction. The media publication notes that there are even doctors, such as family practitioner Anil Gandhi, who teach themselves how to do plastic surgery. Gandhi, who can no longer do less “superficial” procedures, now performs breast augmentation surgery. He also trains other doctors that aren’t plastic surgeons on performing cosmetic procedures.

That said, there are qualified, trained plastic surgeons that have been known to make serious medical mistakes resulting in serious injuries or deaths. Medical professionals owe patients a duty of care to provide a certain level of service that minimizes the chances of errors.

Examples of plastic surgery injuries that can result in Weston medical malpractice:
• Dry eyes
• Disfigurement
• Infection
• Blood clots
• Traumatic brain injury
• Cardiac arrest
• Anesthesia complications
• Inserting the wrong implant size in a patient
• Over-correction
• Resurfacing complications
• Seroma
• Necrosis
• Scarring
• Rippling
• Encapsulation
• Asymmetry
• Breast implant defects
• Loss of nipple cover
• Changes to nipple sensation
• Removal of too much skin
• Abdominal perforations
• Emotional injuries
• Organ penetration
• Skin discoloration
• Death

Lack of training can be deadly in cosmetic surgery, USA Today, September 15, 2011

Fat tissue from plastic surgery killed Davie woman, autopsy shows, Sun-Sentinel, September 16, 2011

More Blog Posts:
Miami Medical Malpractice: Wrong Site Surgeries Can Lead to Catastrophic Consequences, Florida Injury Attorney Blog, October 6, 2011

$9M Palm Beach Medical Malpractice Lawsuit Seeks Damages from Obstetrician and Ultrasound Clinics, Florida Injury Attorney Blog, September 1, 2011

Florida Laparoscopic Malpractice: When Small Incisions Lead to Large Injuries, Florida Injury Attorney Blog, July 28, 2011

Undergoing any kind of surgery can be stressful, scary, and painful. There is also the risk of complications that can arise during a surgical procedure that can lead to serious injuries and even death. With so much at stake, surgeons really must be careful to make sure that nothing goes wrong.

Unfortunately, surgical mistakes do happen, which can prove detrimental to the patient. Wrong site surgery is one of them. This usually involves the wrong part of the body being operated on or a surgery performed on the wrong patient. It is important to know that wrong site surgery can be grounds for a Miami medical malpractice lawsuit.

Examples of wrong site surgery:
• Operating on the wrong side of the body, such as the wrong breast, kidney, eyes, or ovaries
• Operating on the correct side of the body, but on the wrong body part, such as the wrong eye muscle in the correct eye, the wrong part of the spine, the wrong toe on the correct foot

Wrong site surgery can also refer to performing the correct procedure on the wrong patient or the wrong procedure on the correct person.

As you can see by the examples above, such mistakes can prove detrimental. For example, if the patient has to have a kidney that has cancer removed and the healthy kidney is taken out instead, where does that leave the patient? Or, a person who is blind in one eye and has the eye that can see accidentally removed will lose their sight completely.

Last year, a jury awarded a teenager’s family $20 million for medical malpractice because a surgical team made the mistake of cutting out matter from the wrong side of his brain. The plaintiffs said that the surgical error left 15-year-old with continuing seizures, while adversely affecting his mental state, intelligence, and emotional abilities.

Common causes of wrong site surgery:
• Poor preoperational preparation
• Not following operative guidelines
• Poor communication among surgical team
• Confusion about what procedure is being performed and on what body part
• Recklessness on the surgeon’s part
• Patients with similar names
• Confusing terms, such as whether “correct” means “right”
• Patient wristband mix-ups
• Not marking the correct site for operation so that wrong site surgery mistakes can’t happen
• Failure to conduct necessary preoperational checks right before the procedure

There is no reason why a wrong site surgery should occur if medical staff follow proper protocols and exercise the proper care necessary to perform the surgical procedure. In addition to a negligent doctor, anesthesiologist, nurse, or another medical professional that was careless, you may be able to pursue damages from the medical center or hospital where the surgical mistake occurred.

$9M Palm Beach Medical Malpractice Lawsuit Seeks Damages from Obstetrician and Ultrasound Clinics, Florida Injury Attorney Blog, September 1, 2011

Florida Laparoscopic Malpractice: When Small Incisions Lead to Large Injuries, Florida Injury Attorney Blog, July 28, 2011

$4.7M Broward County Medical Malpractice Verdict Awarded to Woman Who Suffered Anesthesia Complications During Surgery, Florida Injury Attorney Blog, June 22, 2011

Continue reading "Miami Medical Malpractice: Wrong Site Surgeries Can Lead to Catastrophic Consequences" »

Three years after Bryan Santana was born, her parents want a Palm Beach Gardens obstetrician and two ultrasound clinics to pay them $9m in Florida medical malpractice damages. Bryan was born with just one leg and arms that go only inches down from his shoulders.

In court this week, Bryan’s mom Ana Mejia told a jury that if she’d known that he was going to be born with such serious disabilities she and her husband Rololfo Santana would have terminated the pregnancy. They believe that medical negligence on the part of Dr. Marie Morel and staff at OB/GYN Specialists of the Palm Beaches, St. Mary's Medical Center, and Perinatal Specialists of the Palm Beaches resulted in their failure to detect Bryan’s birth defects. (St. Mary's settled the family’s Palm Beach medical malpractice case for an undisclosed sum.) Mejia says she had seven ultrasounds prior to her son’s delivery.

Bryan was delivered by Cesarean section on October 15, 2008. The couple claims that it wasn’t until after he was placed in Ana’s arms that they were told of his condition. His family says that they would have prevented the life of mental and physical pain and challenges their son now faces if they’d known.

Even though Bryan has a prosthesis for his leg, he still is unable to run and play like other kids his age. Although he can take a few steps, he requires help. It also is hard for him to play with toys because he doesn’t have hands.

According to the rehabilitation consultant hired by the family’s Palm Beach obstetric malpractice lawyers, $9 million is the amount need to pay for medical costs, equipment, and services that Bryan requires to maintain a decent quality of life. Mejia and Santana also want damages for pain and suffering.

It is important that doctors provide care to a mother and infant not just during and after delivery but also beforehand. Proper prenatal care is necessary. Unfortunately, OB/GYNs can make medical mistakes that may case a baby to be born with serious injuries or birth defects.

It is up to your obstetrician/gynecologist to diagnose any possible complications with your pregnancy so that issues of concern can be addressed and treated immediately. Possible complications:

• Gestational diabetes
• Placenta previa
• Heart defects
• Unusual weight fluctuation
• Too much water retention
• Irregular hormone levels
• High blood pressure
• High risk pregnancy
• Preeclampsia
• Fetal distress
• Umbilical cord around the neck

Also, in the event that your child could be born with serious birth defects, you will want to known as soon as possible so that you can make key decisions about next steps. Your doctor should also be able to tell you whether you can go into labor naturally or whether a C-section procedure would be best for your child.

Family seeks millions from obstetrician, ultrasound clinics after son born with disabilities, Palm Beach Post, August 31, 2011

Related Web Resources:
Prenatal Fact Sheet, Women's Health

Birth Defect Testing, Web MD

More Blog Posts:
$10 Million Florida paramedic negligence verdict awarded to mother who gave birth in ambulance and whose son now has cerebral palsy, Florida Injury Attorney Blog, April 15, 2010

South Florida Medical Malpractice Lawyers: Is State’s C-Section Rate Too High?, Florida Injury Attorney Blog, April 15, 2010

"Florida Wrongful Death and Medical Malpractice Lawsuit Filed Over Autistic Boy's Medication Overdose Death, Florida Injury Attorney Blog, June 1, 2009

While there are advantages to undergoing a laparoscopic procedure over more invasive surgeries, including quicker recovery time and smaller incisions, when Miami laparoscopic malpractice does happen, serious injuries can arise. Depending on the procedure, injuries might include:

• Bile leakage
• Abscess
• Infection
• Jaundice
• Pain
• Lap cole injuries
• Bile peronitis
• Hepatic duct injuries
• Ureter injuries
• Kidney injuries
• Veress needle injuries
• Trocar injuries
• Cholangitis
• Electrocautery injuries
• Permanent disability
• Death

Laparoscopic surgery is often used to perform a number of medical procedures, including hernia repair, gallbladder removal, pancreatic surgery, certain abdominal procedures, and hysterectomies. This type of surgery usually requires that use of a tiny camera that is inserted inside the body. The surgeon then looks through the camera to perform the procedures. Unfortunately, mistakes can happen—especially when a laparoscopic procedure is performed by someone who lacks the proper training and/or experience to perform a procedure while watching what is happening on screen instead of with the naked eye.

Some laparoscopic injuries are so serious that a patient may become disabled for life. For example, a patient who sustains a bile duct injury because of a laparoscopic malpractice may turn in to a “biliary cripple,” undergoing liver transplants and other surgical procedures. Cholangitis, another injury that can result from a botched laparoscopic procedure, is a bile duct infection that can lead to bacteria and waste products from the small intestine moving up the body. This can prove fatal.

Examples of Laparoscopic Surgery Mistakes:
• Severing or damaging the bile duct
• Damaging a blood vessel or nerve
• Damaging the bowel
• Cutting the common bile duct and not the cystic duct during gallbladder surgery
• Failure to immediately remedy any injuries that occur during the procedure
• Failure to properly monitor the patient during and after surgery

Our Palm Beach medical malpractice law firm represents clients injured because of laparoscopic surgery errors and other medical mistakes.

More Blog Posts:
$4.7M Broward County Medical Malpractice Verdict Awarded to Woman Who Suffered Anesthesia Complications During Surgery, Florida Injury Attorney, June 22, 2011

$19.2M Florida Medical Malpractice Verdict Awarded to Family of Girl with Cerebral Palsy, Florida Injury Attorney, March 23, 2011

Florida Judge Who Intends to File West Palm Beach Medical Malpractice Lawsuit Against Surgeons and Radiologist Says Sponge was Left Inside His Body, Florida Injury Attorney, September 29, 2010

A Florida jury has awarded a $4.7M Fort Lauderdale medical malpractice verdict to Susan Kalitan for injuries she sustained while undergoing surgery to fix her carpal tunnel in 2007. Kalitan suffered an anesthesia-related complication during the procedure, which took place at Broward General Medical Center.

Her legal team contends that the instruments that were used on her while she was under general anesthesia perforated her esophagus. A student nurse was working on the anesthesia team at the time.

According to the plaintiff's Broward County anesthesia malpractice case, Kalitan was “discharged from the hospital inappropriately” after undergoing surgery. She began experiencing health complications when whatever she swallowed ended up inside her chest cavity. She then had to undergo emergency medical surgery and stayed in intensive care for weeks.

For months after that, Kalitan was unable to properly swallow and had to use a feeding tube. She says that she still has some difficulty swallowing and she has to be cautious about what she eats. Kalitan also reports continuing to have “a lot of pain and numbness” in her upper right side. According to WSVN-TV, most of the award will go toward her medical expenses and serve as compensation for her income loss.

Meantime, Broward General Medical Center says it plans to appeal the jury’s decision. They say that although Kalitan suffered an anesthesia complication, this does not mean that her health care providers were medically negligent or that there was an issue over the standard of care that she received.

Although there is risk involved whenever anesthesia is involved, it is the responsibility of the anesthesiologist and others on the team to carefully monitor the patient and prevent anesthesia reactions or other related complications from occurring. Depending on the type of anesthesia used on the patient—regional, local, or general—different complications may occur, such as:

• Systemic toxicity
• Allergic reaction
• Nerve damage
• Brain injury
• Lung problems
• Heart problems
• Hematoma
• Infection
• Swelling
• Aspiration
• Anesthesia awareness
• Muscle spasms in the voice box
• Hypertension
• Lip and teeth damage
• Larynx injury
• Stroke
• Heart attack

Woman awarded $4.7 Million in malpractice, WSVN.com, June 18, 2011

Hospital to Pay $4.7M for Botching Anesthesia, June 17, 2011

Anesthesia - Risks and Complications, WebMD

Medical Malpractice, Nolo

More Blog Posts:
Number of Hospital Mistakes Could Be 10 Times Greater Than Originally Thought, Says New Study, Florida Injury Attorney Blog, April 27, 2011

Florida Judge Who Intends to File West Palm Beach Medical Malpractice Lawsuit Against Surgeons and Radiologist Says Sponge was Left Inside His Body, Florida Injury Attorney Blog, September 29, 2010

Woman Awarded $36 Million Palm Beach County Medical Malpractice Verdict for Botched Medical Procedure, Florida Injury Attorney Blog, May 19, 2010

A new study reveals some disturbing information about medical errors. According to a report in the journal Health Affairs, up to 1/3rd of people admitted to US hospitals end up becoming the victim of a medical mistake. That’s 10 times more hospital errors occurring than previously thought. In South Florida, our Miami medical malpractice lawyers represent victims injured as a result of all kinds of medical errors and we have seen the catastrophic consequences that can occur.

The study used data from a new hospital mistake tracking system to come up with its findings. Researchers looked at the records of 795 patients admitted to three US hospitals in 2004. They used a new method that involved looking for “triggers” to indicate possible problems, such as abnormal lab results or a stop order on a prescription. The team would then look to see if a medical mistake had been made.

The Global Trigger Tool found 354 adverse events occurring in 33.2% of admissions. These findings of medical mistakes are much higher than what other studies have reported.

Also according to the study:
• Medical mistakes happen in one out of every three hospital stays.
• Approximately 7% of patients affected sustain permanent injuries or die as a result.

Our Palm Beach medical malpractice attorneys are here to offer you a free case evaluation.

Examples of common hospital mistakes:
• Wrong-site surgery
• Medication mix-ups
• Anesthesia errors
• Surgical errors
• Patient neglect
• Wrong diagnosis
• Delayed diagnosis
• Birthing malpractice
• Failure to obtain informed consent
• Poor post-operative care
• Nursing errors

Medical errors in hospitals go undetected, study suggests, Los Angeles Times, April 7, 2011

Make sure hospital stay doesn’t leave you sicker, Chicago Sun-Times, April 26, 2011

Related Web Resources:
Medical Malpractice, Nolo

Health Affairs

More Blog Posts:
$19.2M Florida Medical Malpractice Verdict Awarded to Family of Girl with Cerebral Palsy, Florida Injury Attorney, March 23, 2011

Florida Judge Who Intends to File West Palm Beach Medical Malpractice Lawsuit Against Surgeons and Radiologist Says Sponge was Left Inside His Body, Florida Injury Attorney, September 29, 2010

Ft. Lauderdale Hospital and Orthopedic Surgeon Must Pay $2.15 Million Medical Malpractice Award to Former Teen Ballerina, Florida Injury Attorney, June 24, 2010

A jury has ordered Lee Memorial Health System (LMHS) to pay the family of Kiarra Smith $19.2 million in Florida medical malpractice damages. Smith, who is blind and suffers from cerebral palsy, developed her health complications as an infant in 2007 when at 15 days old she was accidentally given an overdose of nutrients while at HealthPark Medical Center. According to her family’s Florida injuries to a minor complaint, the dose that the hospital administered was 100 times greater than what her doctor had prescribed.

Smith is now wheelchair bound. She will need care for the rest of her life.

Medication Mistakes
Medication errors can lead to serious health complications. In some cases, they can even prove fatal. It is the responsibility of doctors, nurses, and nursing assistants to make sure that the correct medication in the proper does is given to the right patient.

Common cause of medication mistakes at hospitals:
• Medication mix-up
• Misreading a patient's chart or prescription order, which may have been written in poor handwriting
• Incomplete (or lack of knowledge about a) patient medical history
• Dosage error.
• Confusing drug labeling
• Health professionals that are multitasking, distracted, or inadequately trained

Hospitals should have procedures in place to prevent medication mistakes from happening.

Other common hospital mistakes include, surgical mistakes, failure to monitor a patient, lab mistakes, inadequate medical care, failure to provide postoperative care, birthing malpractice, anesthesia errors, and nursing negligence.

Lee family awarded $19.2M in malpractice suit, NBC-2, February 7, 2011

Common Issues Cause Hospital Rx Errors, MedPageToday, February 6, 2011

Related Web Resources:
What to Look Out For to Avoid Hospital Mistakes, HARP

Hospital Errors Put More Patients at Risk, ABC News, April 4, 2007

Causes of Cerebral Palsy, About Cerebral Palsy

Continue reading "$19.2M Florida Medical Malpractice Verdict Awarded to Family of Girl with Cerebral Palsy" »

Nelson Bailey, a Belle Glade judge, intends to sue two surgeons and radiologist for Palm Beach medical malpractice. Bailey developed serious health issues after a sponge was left inside him following a surgery to treat his diverticulitis. The medical procedure was performed at Good Samaritan Medical Center in West Palm Beach.

The retained sponge wasn’t discovered until five months later, during which time he experienced abdominal pain. Several CT scans were conducted before the sponge was finally correctly identified.

Bailey then underwent another surgery to have the sponge, which by then had festered into a bile- and pus-stained mass that was over a foot wide and a foot long, removed. He says that because of the medical error, part of his intestine had to be taken out because it had rotted. He now has to be close to a bathroom and is no longer go horseback trail riding. Bailey also says that he almost had a heart attack after he was given an incorrectly dispensed medication from the hospital’s pharmacy that accelerated his heart instead of reducing his blood pressure.

While the judge has already settled his West Palm Beach hospital mistake case with Good Samaritan and its owner Tenet Healthcare System, he has yet to file his civil complaint against the radiologist and surgeons.

Retained Surgical Instruments
Unfortunately, accidentally leaving a sponge or surgical tool inside a patient following a surgical procedure is not an uncommon medical error. Retained surgical instruments can cause serious health complications, such as fistula, intestinal obstruction, abscess formation and adhesions, sepsis, infection, and even death.

There are procedures that must be followed in the operating room to ensure that sponges, scissors, clamps, blades, and other surgical instruments are not forgotten in the patient’s body. Failure to remove all surgical instruments can be grounds for a Miami medical malpractice case.

Sponge left inside Palm Beach County judge during surgery spurs him to seek reform, The Palm Beach Post, September 13, 2010

Judge to sue after surgical sponge was left in him, Miami Herald/CBS4.com, September 15, 2010

Related Web Resources:
Retained Surgical Instruments and Sponges, Agency for Healthcare Research and Quality, United States Department of Health and Human Services

Preventing retained surgical instruments, AORN Journal, April 2008

13 years after Dr. Marc J. Philippon performed hip arthroscopy on Katie Shreffler, then 17, the orthopedic surgeon and Holy Cross Hospital of Fort Lauderdale have lost their final appeal and must now pay the $2.15 Broward County medical malpractice verdict that a jury had awarded to the former ballerina.

Schreffler, who continued to experience pain and limited mobility after undergoing surgery performed by Philippon to repair a labral tear, sued Holy Cross Hospital and the orthopedic surgeon for Ft. Lauderdale medical malpractice in 1999. Another surgeon who had performed a debridement on her a year after she was operated on Philippon told her that there were gouges in her cartilage that appear to have been caused by a sharp instrument.

At the 2007 South Florida civil trial, surgical technician Julie Snogles testified that Shreffler was only Philippon’s second or third patient that he had performed hip arthroscopy on. Snogles also says that not only did the orthopedic surgeon tell her that the procedure a new one, but also that this was a new surgery for him.

Snogles a claims that halfway through the procedure on Shreffler, Philippon created a third portal, which he told her was an opening he needed to take out foreign object. However, even though the implication was that Philippon may have broken a shaver inside the teenager (and damaged cartilage while retrieving the broken parts), Snogles also testified that she never saw any foreign object being retrieved taken out of the patient.

10 years after the surgery performed on her by Philippon, Scheffler, who had studied ballet for 15 years, was still in pain, walking with a crutch, and needing more surgery to correct the damage from the original procedure. She was awarded the $2.15 million Broward County medical malpractice verdict that year.

Examples of Surgical Errors that Cause Serious Patient Injuries:
• Wrong site surgery
• Anesthesia errors
• Incision mistakes
• Leaving foreign objects, such as medical instruments and sponges, in the patient
• Using instruments that were not properly sterilized
• Delayed surgery
• Causing organ, tissue, or nerve damage because of surgical mistakes
• Substandard care after the operation
• Prolonged surgery

Surprise Testimony From Surgical Tech Leads to $2.15M Malpractice Award, Outpatient Surgery, June 10, 2010

Read the Appeal (PDF)

Related Web Resources:
Holy Cross Hospital of Fort Lauderdale

Hip Arthroscopy

A Florida jury has awarded Kathleen Ramey a $36 million West Palm Beach medical malpractice verdict against former pain management physician Andrew Weiss. Ramey sought treatment from Weiss in September 2000 after she was injured in a car accident.

To treat the plaintiff, Weiss penetrated her spinal cord with an epidural and injected an anesthetic and a steroid. Unfortunately, he botched her treatment and Ramey’s spinal cord sustained tissue damage and she became partially paralyzed. She also lost the use of her right hand.

Ramey’s Florida medical malpractice attorney says that the 52-year-old woman was left with a degenerative condition, which continues to grow worse, and that she only leaves the house when visiting the doctor.

Weiss is in prison after pleading guilty to four counts of illegally distributing oxycodone.

Reasons why a patient might decide to sue a doctor providing pain management for Florida medical malpractice:

• Botched medical procedures
• Wrong diagnosis
• Failure to properly monitor patients for signs of addiction
• Failure to abide by rules for prescription refills
• Medication errors
• Failure to check for drug allergies
• Failure to find out if the patient is taking other medications
• Failure to find out about preexisting medical conditions
• Failure to monitor patient’s vitals

Doctors, dentists, anesthesiologists, nurses, surgeons, obstetricians, gynecologists, dermatologists, podiatrists, optometrists, orthodontists, and other medical professionals are supposed to provide you with the proper medical care, not make your condition or injury worse or cause you to sustain a more serious health complications as a result of poor medical care. You may have grounds for filing a Miami medical malpractice complaint.

Woman awarded $36 million malpractice verdict, Miami Herald, May 9, 2010

Deerfield woman awarded $36 million malpractice verdict, Sun-Sentinel, May 7, 2010

Related Web Resources:
Medical Malpractice, Nolo

Pain Management, MedicineNet.com

A jury has awarded a $10 million Florida birthing injury award to Margarita Chess in her cerebral palsy lawsuit against EVAC Ambulance service. Chess is the mother of Addison Chess, now 6. The boy developed cerebral palsy after his mother gave birth to him in an ambulance in 2003.

According to court records, Chess, who was six months pregnant at the time, began experiencing pain and went into premature labor on September 21, 2003. She went to Bert Fish Medical Center.

Two doctors, Dr. John Milton and Dr. Thomas Stavoy, arranged to have her transported to a hospital. She was supposed to go to Halifax Medical Center, but instead, the ambulance headed for Arnold Palmer Hospital for Children, which was located nearly 60 miles away.

15 minutes into the ambulance ride, Addison, weighing just 1.7 pounds, was born prematurely. He started having breathing problems, and paramedics performed CPR on him. Due to lack of oxygen and brain damage, Addison now has cerebral palsy.

Chase’s Florida birthing malpractice lawsuit named Bert Fish Medical Center, Arnold Palmer Hospital, Halifax Medical Center, EVAC Ambulance, Stavoy, and Milton as defendants. Except for EVAC, all of the parties had settled with Chase over her son’s birthing injuries.

Cerebral Palsy
Commonly caused by birthing malpractice and/or challenging labors, this medical condition can leave a person disabled for life. Lack of muscle coordination, ataxia, tight or stiff muscles, spasticity, a dragging foot or leg, “scissored” or crouched gait, floppy or stiff muscle tone, and brain damage are some of the effects of living with Cerebral palsy.

Examples of other birth injuries that can occur as a result of medical malpractice:

• Erb’s Palsy
• Meningitis
• Cerebral Palsy
• Brain damage
• Brachial Plexus injury
• Microcephaly
• Mental retardation
• Developmental delays
• Forceps injuries
• Vacuum extraction injuries
• Head trauma

Jury awards $10 million in ambulance birth, Orlando Sentinel, April 5, 2010

Jury awards $10 million in suit against EVAC, The Daytona Beach News Journal, April 5, 2010

Related Web Resources:
NINDS Cerebral Palsy Information Page, National Institute of Neurological Disorders and Stroke

Cerebral Palsy, KidsHealth.org

In Palm Beach County, the parents of Stephanie Kuleba are suing Boca Raton plastic surgeon Dr. Steven Schuster, Delray Beach anesthesiologist Dr. Peter Warheit, and Warheit’s employer Dr. Scott Berger for medical malpractice resulting in her Florida wrongful death. Stephanie, then 18, died in 2008 after a surgical procedure to correct breast asymmetry and inverted nipples.

In their Palm Beach County wrongful death lawsuit, Thomas and Joanne Kuleba claim the defendants neglected to properly diagnose in a timely manner, and treat, their daughter’s malignant hyperthermia, which can be triggered by anesthesia. The Kulebas also say that the defendants did not administer enough Dantrolene and waited too long to contact 911.

According to the family’s Boca Raton, Florida medical malpractice lawyer, Stephanie’s death was preventable. He claims that 95% of people with malignant hyperthermia survive, and physician error is typically the cause of related fatalities. According to Dr. Frederick Lukash, a plastic surgeon who was asked by CBS’s The Early Show to discuss the condition soon after Stephanie’s death, malignant hyperthermia can be treated with Dantrolene if the drug is administered immediately after the symptoms show up.

Plastic Surgery Malpractice
Like all other physicians, plastic surgeons can be held liable for medical malpractice if negligence or carelessness results in injuries or deaths. Plastic surgery malpractice can lead to serious injuries that may even require that the patient undergo additional surgeries to correct. In some case, a botched plastic surgery can lead to permanent disfigurement, permanent damage, infections, scarring, organ damage, severe asymmetry, and even death.

Anesthesia errors can also result in injury or death. It is the anesthesiologist’s responsibility to monitor the patient’s vitals and make sure prior to giving someone anesthesia that he or she does not have a medical condition or is taking certain drugs that could result in an adverse reaction. Unfortunately, anesthesia mistakes occur more often than we would like to believe.

Even if a surgical procedure was performed for cosmetic purposes, a plastic surgeon owes patients the same duty of care that other doctors do. Failure to provide that care can be grounds for a Florida medical malpractice lawsuit.

Parents of West Boca teen who died during breast surgery sue doctors, Sun-Sentinel, September 23, 2009

Fla. Teen Dies During Breast Surgery, CBS, March 26, 2008

Related Web Resources:
American Society of Plastic Surgeons

Living with plastic surgery mistakes, ABC News, July 29, 2009

According to the latest state figures, in the year ending June 30, 2008 Florida ranked #2 in the nation for the most cesarean deliveries. According to some obstetricians, these figures are a little high, especially considering that C-sections are more likely than natural births to lead to medical side effects and complications.

In South Florida alone, C-sections made up 41% of the births in Palm Beach County and 43% of the births in Broward County. Yet some South Florida doctors deliver 75% of their babies by C-section. At Holy Cross Hospital in Ft. Lauderdale and Palms West Hospital in Loxahatchee, 50% of deliveries are by cesarean.

One reason for the rise in C-section births is that hospitals and obstetricians in South Florida are worried that they could be sued for medical malpractice if anything goes wrong during delivery. Most doctors won’t allow a woman to deliver a baby naturally if she’s already had a C-section. Mothers that are obese or that are suffering from diabetes or other health issues are normally urged to undergo C-sections. Multiple births and breech births are often performed via cesarean. Doctors and parents may even opt to have a C-section delivery in order to accommodate their busy schedules—picking out the most convenient date for the baby’s birth.

Yet while cesarean births may prevent certain immediate risks, other side effects could come into play. Babies delivered by C-section may end up in intensive care, and anesthesia reactions and infections from the surgery can occur. Moms that deliver by C-section more than once risk abnormal placental growth that could lead to complications.

According to Boston University School of Public Health researcher Eugene Declercq, some doctors that perform C-section deliveries would be hard pressed to offer medical reasons for why they did not deliver the babies naturally. Some insurance companies are even calling on doctors to ease up on the number of C-section births because of the expense and the possibility of future complications.

Obstetricians and gynecologists, like other medical providers, can be held liable for medical malpractice if error or negligence led to a baby getting hurt or suffering from health problems. Examples of complications that can lead to a birthing malpractice claim include:

• C-section complications
• Preeclampsia
• A ruptured uterine
• Toxemia
• Forceps injury
• Failure to properly monitor the fetal heart rate
• Failure to perform C-section as soon as it is needed
• Errors involving vacuum extraction

Florida is second in nation for C-sections, Sun-Sentinel, June 8, 2009

South Florida C-section rates too high, Examiner.com, June 9, 2009

Related Web Resources:
Understanding C-Sections, Parents.com

Repeat Cesareans May Put Babies At Risk, EmaxHealth.com, June 10, 2009

In Miami-Dade Circuit Court, Martha Quesada is suing Rainbow Ranch group home and psychiatrist Dr. Steven L. Kaplan for Florida medical malpractice and wrongful death. She says that her son, 12-year-old Denis Maltez, died in 2007 because he was overmedicated and the defendants neglected to properly monitor him while he was under their supervision.

Autopsy results from the Miami-Dade Medical Examiner’s office indicate that Denis, who has autism, died of serotonin syndrome—a life-threatening condition that can occur when a mix of drugs causes the brain to make too much serotonin, which regulates a person’s mood.

Serotonin Syndrome Symptoms can include:

• Nausea
• Hallucinations
• Rapid heart beat
• Poor coordination
• Blood pressure fluctuation
• Overactive reflexes
• Diarrhea
• Vomiting

If not treated quickly, this condition may become fatal.

On May 23, 2007, Denis and a number of other people from the group home traveled by van to get a haircut. While in the parking lot, he started kicking and biting staff members. They restrained him and soon after he became unresponsive.

Quesada’s Florida wrongful death lawsuit contends that Rainbow Ranch owner David Glatt stopped taking Denis to Jackson Memorial Hospital after the boy was admitted to the group home in 2006. Instead, Kaplan began treating him. She says that Glatt switched her son’s medical care without her consent.

Kaplan prescribed and refilled four drugs for her son: anti-psychotic drugs Zyprexa and Seroquel, anti-seizure drug Depakote, and tranquilizer Clonazepam. Even though the Food and Drug Administration has not approved all of the drugs for use on kids and some of the medications are accompanied by strong warnings, Quesada’s medical malpractice lawsuit contends that Kaplan failed to make sure that her son did not experience any side effects from taking the drug.

Her complaint also contends that the psychiatrist only examined Denise once between May 26, 2006 and May 23, 2007 even though there were warning signs that he may have been experiencing medication side effects. Teachers at his school found the boy sleeping through class. in 2006, he had to be taken to the emergency room twice. The Rainbow Ranch group home is no longer in operation.

Currently, the Department of Children & Families is examining the way psychiatric drugs are used on foster children. This probe comes one month after the death of 7-year-old Gabriel Myers, a foster child that committed suicide.

Mother Claims Drug Cocktail Killed Her Son, CBS4, May 20, 2009
Lawsuit says too many psychiatric drugs killed boy, Miami Herald, May 20, 2009

Related Web Resources:
Serotonin Syndrome, Psychcentral.com

More Florida foster kids than thought are given mental-health drugs, Miami-Dade, May 28, 2009

Florida Department of Children and Families

Florida’s Department of Children and Families says that a Broward psychiatrist had prescribed a powerful drug that the Food and Drug Administration had linked to an increased risk of suicide in kids to a 7-year-old boy. Gabriel Myers, hanged himself in a shower at his foster home.

The Broward boy may have been taking up to three of the four psychiatric drugs prescribed to him at the time of his suicide. Three of the drugs prescribed to him came with FDA “black box” label warnings cautioning about children’s safety when using the drugs. Three of the drugs are not approved to be administered to young children, although they are used for “off label” purposes, which allow doctors to prescribe the drug even without formal approval.

Dr. Sohail Punjwani, the psychiatrist who may have treated Gabriel, had reportedly been included on a list of doctors in Florida that the Agency for Health Care Administration had red-flagged for engaging in prescribing practices that were “problematic." His name was on the list during every quarter that regulators have monitored the prescription of psychotropic drugs.

About 300-400 of Florida’s 17,000 doctors that prescribe drugs to kids on Medicaid are included on the list. Punjwani says he doesn’t remember Myers, but that he may have been one of a number of people to treat the boy. He says that anti-psychotic drugs are routinely used to treat insomnia and mood instability.

Also, per Florida law, a judge or a parent must give consent before a foster child can take a psychotropic drug. Broward Circuit Judge Lisa Porter approved Myer’s medications even though a court-appointed guardian disagreed.

The Miami Herald reports that it has seen records indicating that an older boy may have sexually molested Myers. Last Thursday, after getting into an argument with his foster dad’s 19-year-old son, Myers went into a bathroom and used a detachable showerhead to hang himself.

The 7-year-old had been prescribed the attention deficit/hyperactivity disorder drug Vyvanse, anti-depressant drug Lexapro, and anti-psychotic drug Zyprexa. The latter two may have recently replaced with Symbyax.

Florida lawmakers in 2005 had approved a law curbing the use of dangerous, mind-altering drugs on children. Also, doctors are responsible for making sure they provide the correct drugs and their dosage to patients. They also are supposed to make sure that children and other patients are not given drugs that can lead to adverse side effects. Over two million people a year are hospitalized, injured, or killed in the US because of adverse drug reactions.

You or your family may be entitled to Florida medical malpractice or wrongful death compensation.

7-year-old boy prescribed powerful drug before suicide, Sun-Sentinel, April 22, 2009

Related Web Resources:
4000 kids under 10 on mood drugs, The Australian, December 3, 2008

Antidepressant Medications for Kids: Information for Parents and Caregivers, 4therapy.com

Continue reading "Florida Psychiatrist Prescribed Drug Linked to Suicide to 7-Year-Old Broward Boy Who Hanged Himself" »

A Broward County woman who claims she lost her legs and arms because of the negligent treatment she received at a local hospital has won a second Florida medical malpractice trial. Lisa Strong lost her first trial in January when a Broward county jury ruled in favor of South Broward Hospital District, Memorial Hospital West, Dr. Jason Strong, Dr. Laurentina Kocik, and Dr. Rajkumar Nebhrajani.

Strong had sought $75 million against the defendants. In her Florida medical malpractice lawsuit, she contended that defendants' delayed diagnosis of a kidney stone infection resulted in her suffering from septic shock, which lead to catastrophic complications, including the amputation of her forearms and lower legs. Strong has three young children.

Now, Broward Circuit Judge Charles M. Greene has overturned the jury’s findings. He says that he agrees with the 45-year-old plaintiff that negligence on the parts of the defendants was established during the trial.

The judge said that Jason Strong, Memorial Hospital’s admitting physician, and Laurentina Kocik, the emergency room doctor, had placed the blame on each other for failing to diagnose that Strong was suffering from kidney stones. Greene, however, says that trial testimony showed that at least one of the doctors, if not the two of them, are to blame for delaying Strong’s CT scan, which could have correctly diagnosed her condition. If her infection had been treated sooner, her limbs may have been saved. Greene did, however, uphold the part of the jury’s verdict that ruled in favor of South Broward Hospital, which runs Memorial Hospital West, and Dr. Rajkumar Nebhrajani.

Septic Shock
Septic shock can occur when there is bacteria in the blood. This can lead to a deadly decrease in the person’s blood pressure, multiple organ failure, respiratory failure, or death. Immediate and proper medical treatment is required to prevent such catastrophic consequences.

Davie woman who lost limbs in 2003 wins a new trial, Sun-Sentinel, February 28, 2009

Jury Finds For Uninsured Doctor in 75 Million Dollar Malpractice Suit, MMD Newswire, January 13, 2009

Related Web Resources:
The outcomes of Septic shock, SteadyHealth.com

Kidney Infection, HealthSquare.com

In Miami, the Thomas More Society has filed a Florida wrongful death lawsuit against 13 defendants over the death of a baby girl. The lawsuit contends that Shanice Denise Osbourne was born alive at an abortion clinic but that the clinic owner later allowed her to die.

The case stems from an allegedly botched abortion procedure that occurred in July 2006. The baby’s mother, Sycloria Williams, sought to have her pregnancy terminated by Dr. Pierre Jean-Jacque Renelique, who gave her prescription medicine and inserted laminaria sticks in her body to help her get ready for the procedure.

When Williams arrived at the clinic, she was in a lot of pain. The clinic’s receptionist allegedly gave her Cytotec to dilate her cervix and induce labor. She then waited for hours to be seen by a doctor.

During this time, her water broke and she delivered her daughter onto a recliner. The baby, who was alive, was breathing. At this point, clinic owner Belkis Gonzales allegedly entered the room, cut the umbilical cord using shears, put the baby in a red biohazard bag, and threw the bag into the garbage. A doctor soon arrived at the clinic to sedate Williams.

Medical records fail to reveal that Shanice Denise Osbourne was alive when she was born. Miami police, however, reportedly received multiple anonymous calls about the alleged incident. A search was conducted to retrieve the baby’s body, which was found decomposing in a cardboard box in one of the clinic’s closet.

The Miami-Dade County medical examiner’s autopsy indicates that Sharon’s lungs did take in oxygen prior to her death. The examiner, however, says cause of death was “extreme prematurity.”

Dr. Renelique, Gonzales, and four South Florida abortion clinics are among the wrongful death defendants being sued for allegedly botching the abortion, unauthorized medical practices, falsifying medical records, engaging in evasive tactics, murdering the baby, and concealing/getting rid of her body.

Medical Malpractice
Medical facilities and their employees owe all patients a certain duty of care. If that duty of care is not followed and a patient gets hurt or dies, you may be able to file a Florida wrongful death lawsuit. Medical mistakes, failure to diagnose, and failure to provide medical care in a timely manner are just a few examples of what might be considered medical malpractice.

Lawsuit Filed for Baby Born Alive at Abortion Clinic then Killed and Hidden from Police, Lifesitenews.com, January 30, 2009

Medical Malpractice, Justia

Related Web Resource:
Birth Injuries, Justia

In Florida, the widow of Ronald Carl is suing Oak Hill Hospital staff and a number of doctors for medical malpractice resulting in wrongful death. Carl died last year after contracting methicillin-resistant Staphyococcus aureus (MRSA).

According to the Florida wrongful death lawsuit, the doctor that Karl visited last July failed to diagnose that he was suffering from MRSA. Instead of determining what kind of infection Carl had, the doctor prescribed medication and sent him home.

Within several days of the visit, however, Carl was admitted to Oak Hill Hospital for high blood sugar. Tests determined that he had MRSA, but the lawsuit contends that no one told him that he was suffering from the infection. Staff members also allegedly neglected to tell his doctor or note the information on his medical chart. Carl was administered antibiotics and sent home.

The prescription drugs helped keep his MRSA under control until September 19 and 20 when Carl went to see two doctors. No one physically examined him, however, until September 21 when a doctor determined that he was septic with MRSA and sent him to the intensive care unit.

Carl’s condition deteriorated. After going into cardiac arrest and being revived, Carl died the next day.

MRSA
Methicillin-resistant Staphylococcus aureus infections are caused by Staphylococcus aureus bacteria. Symptoms can include small red bumps that look like spider bites, boils, or pimples that can turn into deep abscesses that may need to be drained. MRSA can lead to life-threatening infections affecting the bones, bloodstream, surgical wounds, the lungs, or heart valves.

Medical Malpractice
Medical malpractice can be grounds for a Florida wrongful death lawsuit if a patient received a wrong diagnosis or a delayed diagnosis and the mistake contributed to decreasing his or her chances of recovery.

Lawsuit Blames Doctors For Alleged MRSA Death, Hernando Today, January 7, 2009

MRSA infection, Mayo Clinic

Related Web Resources:
Florida's Wrongful Death Statute

Medical Malpractice, Justia

According to investigators, seven patients treated by West Palm Beach Dr. Sergio Rodriguez died of drug overdoses—some while using medication that the pediatrician had prescribed to them. Rodriguez has been charged with prescribing prescriptions to patients even though he did not fully examine them, trafficking oxycodone, and delivering Xanax, methadone, and Soma. The Florida pediatrician is currently behind bars. His bail is set at $2.7 million.

Patients whose deaths are under investigation include 25-year-old Tommy Nunn, whose autopsy showed that the same drugs Rodriguez prescribed him were in his system when he died, Robert Miller, and 27-year-old Port St. Lucie resident Robert Bowes Jr., who died from an overdose after he took Xanax, oxycodone, and methadone—all prescribed by Rodriguez.

The probe into Rodriguez’s medical practice began earlier this year after other businesses in the area complained that adults that appeared to be strung-out were frequenting the pediatrician’s practice, located at a strip mall on Dixie Highway.

An undercover officer that pretended to be a patient says that Rodriguez prescribed pain and anxiety medications to her on five different occasions without conducting a medical exam.

Rodriguez has told investigators that he was likely an addict and that he lacked the proper training to prescribe painkillers or help patients manage their pain. He also admitted that he knew that all of his patients who needed medication to manage their pain abused the drugs and that he let his patients tell him what (and how much) medication he had prescribed to them in the past. Rodriguez also says he prescribed over 1,000 methadone and oxycodone tablets to his girlfriend for his own use.

It is considered an act of medical malpractice for a doctor to incorrectly prescribe medication to a patient—whether too much or too little. Doctors are also supposed to conduct proper examinations of their patients before prescribing medication to them. When a doctor fails to exercise his or her duty of care and a patient dies as a result, family members may be able to file a Florida wrongful death lawsuit.

Seven of doctor's patients died of overdoses, detectives say, Palm Beach Post, September 26, 2008

West Palm Beach pediatrician faces new drug charges, Palm Beach Post, August 25, 2008

Related Web Resources:
Overdose deaths on the rise, CDC says, Los Angeles Times, January 26, 2008

Calls for doctor-prescription database raise privacy warnings, Palm Beach Post, August 2, 2008

Wrongful Death, Justia

Continue reading "Seven Patients of West Palm Beach Doctor Charged With Illegally Prescribing Pain Medicine Reportedly Died of Drug Overdoses" »

In Florida, the family of a Boca Raton woman who died after two hospitals were unable to find a neurosurgeon following her stroke has received almost $2 million from Tenet Healthcare Corp. The family and Tenet settled the medical malpractice case in April but the amount was not disclosed until June.

The lawsuit said that the four-hour delay to treat Barbara Masterson after her stroke caused her death. The 52-year-old woman woke up with weakness on her right side and slurred speech on February 22, 2004, and there was bleeding in her brain by the time she arrived at the West Boca Medical Center emergency room.

The hospital contacted four neurosurgeons, but they all refused to come to the hospital to treat her. A doctor at Delray Medical Center, which had a transfer agreement with West Boca, also refused to treat her. Masterson was then transported to Holy Cross Hospital in Fort Lauderdale. By this time, she was unresponsive and her right side was paralyzed. She died several days later.

Palm Beach County hospital ERs have developed a spotty reputation over the last several years due to a shortage of specialists, including neurosurgeons. Stroke care, however, has improved at a number of hospitals since 2004.

Medical Malpractice in Florida
In Florida, family members can file a medical malpractice lawsuit and sue over the death of a loved one. A medical malpractice claim can be brought if the person that caused injury or death to the victim was a medical professional. If the patient died as a result of the negligence, then the lawsuit can be brought under the Florida Wrongful Death Statute. A lawsuit against a hospital owned by the state, county, or city must be filed under the Florida Tort Claims Act. If the hospital where the medical malpractice incident occurred took place is federally owned, then the lawsuit must be filed under the Federal Tort Claims Act.

Plaintiffs have two years from the time of injury/or death or when the patient or family members should have known (or knew) about the malpractice to file a case. Florida’s “statute of repose” also makes it impossible to sue a health care provider more than four years after the malpractice accident occurred unless concealment or fraud was involved. The exception to this is “Tony’s law,” which prohibits the statute of repose from cutting off a medical malpractice claim involving a child until he or she turns eight years of age. The state's two year statute of limitations, however, can still apply if parents/guardians knew or should have known that medical malpractice was the cause of the child's injury.

In Palm Beach County and other areas throughout South Florida, our medical malpractice attorneys have helped many injured patients and their families recover compensation from negligent doctors, hospitals, nurses, dentists, and other medical providers.

Tenet pays $2 million over delay in stroke treatment, PalmBeachPost.com, July 14, 2008

Related Web Resources:

Medical Malpractice, Justia

Federal Tort Claims Act (PDF)

Continue reading "Family of Boca Raton Woman Receives Nearly $2 Million to Settle Medical Malpractice Case Involving Wrongful Death Caused by Delayed Surgery" »

In Florida, a jury has ordered Bon Secours-St. Joseph Health Care Inc. hospital to pay Lisa and Joseph Ferrentino, a Port Charles couple $364,928 for failing to detect pre-birth injury defects that caused their baby’s death.

Joseph Ferrentino Jr. died on February 20, 2001, three days after he was placed on a respirator. He was suffering from a Trisomy 13, syndrome that leads to chromosome number abnormalities.

The Florida jury agreed that St. Joseph Hospital, now called Peace River Regional Medical Center, committed medical malpractice when it acted negligently and failed to detect deformities or disease during testing. The obstetrical ultrasound took place during the second trimester of Lisa’s pregnancy and failed to include key images, including a chamber view of Joseph Jr’s’s heart.

The Ferrentino’s medical malpractice attorney says that the ultrasound would have found the heart defects if the hospital staff had done the test correctly, and Lisa would have had the option of terminating her pregnancy.

Trisomy 13
Trisomy 13 is a genetic disorder that can result in a number of birth defects, including problems with the different organ systems in the body and mental retardation. 20-30% of infants born with Trisomy 13 die within a month of being born. 90% of infants with Trisomy 13 die by age 1.

Obstetricians and gynecologists owe a duty of care to parents and babies to provide them with the proper medical care and attention, including proper testing. When medical errors or the failure to provide that proper care/testing results in injury or death to an infant or the mother, the medical provider can be held liable. Examples of these kinds of medical malpractice include failure to induce labor, failure to provide proper prenatal care, and failure to test for defects.

Our South Florida medical malpractice law firm can help you determine whether you have grounds to file a personal injury or wrongful death lawsuit against a health care provider.

Jury awards $364K in medical malpractice case, Sunnewspapers.net, June 4, 2008

Trisomy 18 & 13, Lucile Packard Children's Hospital

Related Web Resources:

Peace River Regional Medical Center

Doctors Visits and Tests, Womenshealth.gov

Continue reading "Florida Jury Awards Port Charles Parents $364,000 for Medical Malpractice Case that Led to Baby's Pre-Birth Injury Defects" »

The family of William T. Fain, 80, has filed a wrongful death lawsuit against Westside Regional Medical Center. Fain was admitted to the hospital’s ER on Super Bowl Sunday in 2006 after having a seizure. Hospital doctors told nurses to take him to the intensive care unit and to make sure that he didn’t fall off the bed. The nurses were ordered to lower the bed, install bedrails, and frequently check on him.

The agency nurse monitoring Fain did not follow these orders. Soon after kissing family members goodbye for the night, Fain was found on the floor after falling off the bed. He sustained brain damage from hitting his head and died two weeks after the fall.

The family alleges that the fact that agency nurses are unfamiliar with or do not follow hospital procedures is an issue at Westside Regional. The hospital has responded to this accusation by stating its confidence in the care that the nurses at the hospital provides. Nightingale Nurses is the staffing agency that provided the agency nurse to the hospital.

Agency nurses are being used more often to staff hospitals because of the shortage of full-time nurses. In two hospital surveys conducted in 2007, results showed that 10% of nursing posts are vacant. This does not take into account the fact that many hospitals reportedly wish that they could hire more nurses than the number of posts that their budgets allow.

About 1 out of every 8 nurses working in Florida is a fill-in nurse. The Florida Hospital Association has acknowledged the downside of employing someone who is only a temporary worker and not a permanent part of an organization. It also, however, noted that hiring a temporary nurse is better than being understaffed. The use of agency nurses is reportedly an even more common practice at hospices and in the home health service.

Problems that can arise with fill-in nurses include:

• They may be unfamiliar with the facility, its policies and procedures.
• Because they don't always work with a patient regularly, they may not notice when there has been a change in the patient's condition.

Groups who represent Florida nurses are supporting bills that would obligate Florida hospitals to report staffing levels, including nurse-to-patient ratios. They are hoping that such a mandate would improve work conditions for nurses and provide better care for patients.

Our Florida personal injury law firm handles wrongful death cases as well as claims and lawsuits involving medical malpractice.

Lawsuit over man's death puts use of agency nurses in spotlight, Sun-Sentinel, March 10, 2008

Measure would require hospitals to divulge nurse staffing levels, Naplesnews.com, March 9, 2008

Related Web Resources:

Westside Regional Medical Center

Nightingale Nurses

Continue reading "Florida Wrongful Death Lawsuit Focuses on Use of “Fill-In” Nurses in Hospitals " »

The family of 20-year-old Rachel Finzi has filed a wrongful death lawsuit against Florida psychologist Adam Feder, who has been criminally charged with her manslaughter death and of trafficking in controlled substances.

Finzi was a patient of Feder, 40, for two years. He also was sexually involved with Finzi, who he started treating when she was 18. The wrongful death lawsuit, filed today in Miami-Dade Circuit Court, accuses Feder and Compass Health Systems (CHS), the company that employed Feder, of being responsible for her death.

Finzi’s family brought her to CHS for treatment because she was suffering from psychological problems and depression. Feder was her psychologist and he gave her illegal prescription drugs and marijuana. Prosecutors say that Feder used other doctors’ prescription pads to write the prescriptions and obtain them illegally. As a psychologist, Finzi is not allowed to prescribe medication.

Finzi was found dead at his apartment from an OxyContin overdose in 2006. Finzi’s family says that CHS acted negligently by hiring Feder.

Medical professionals are required by law to provide their patients with the proper and ethical medical care. When failure to do so results in the serious injury or death of a person, that medical provider can be held liable via a medical malpractice or wrongful death lawsuit.

In South Florida, our wrongful death law firm has successfully handled all kinds of death and injury cases, including claims and lawsuits involving medical malpractice. We would like to offer you a free consultation to discuss your case.

Finzi’s family is seeking financial compensation for their daughter’s medical costs and their pain and suffering caused by her death.

Victim's Family Files Lawsuit against Florida Psychologist Arrested for Patient's OxyContin Death, EMediaWire.com, March 3, 2008

Psychologist charged in girlfriend's OD death, Miami Herald, February 26, 2008

Related Web Resources:

OxyContin, DEA

OxyContin Side Effects, RxList

Continue reading "Family of 20-Year-Old Girl Sues Florida Psychologist for Her Wrongful Death by Prescription Overdose" »

The son of a 63-year-old woman who died while recovering from a thigh operation at the Fort Walton Beach Medical Center in Florida is suing the center for medical malpractice.

Vernon “Chip” Kooser was shocked to discover that the cause of Janice Kooser’s death was a “blunt force trauma” to the head. He says that the hospital never told him that his mother had fallen and hit her head on September 2. Her injury made her a high-risk candidate for a fall accident. Two days after the fall, she went into a coma. She died the following day.

Fort Walton Beach Medical Center claims that it was their night nurse that prevented Janice’s head from hitting anything other than the bed mattress.

Kooser had been hospitalized for four years. She had been characterized as physically unsteady, sometime delusional, and most of the time incoherent. On her chart, she was rated as a 31 in terms of being at risk for falling. The chart’s maximum is 30. She also reportedly had subdural hematoma, which makes a person more vulnerable to head injuries.

The medical malpractice trial is taking place this week. One issue at stake is whether the hospital did enough to prevent the fall from happening. One of the witnesses, a nursing field expert, testified that the staff took reasonable precautions to prevent the fall from happening. She says that the fall could have happened to anyone.

A doctor that has been testifying as a medical expert for the plaintiff said that staff did not follow proper protocal, which requires armbands to be fitted onto patients that are at high-risk of falling. The witness also said that the hospital did not provide a card-ex, which is a card that provides all the data about Janice’s condition.

A sign was not posted at the entrance to her hospital room notifying staffers that she was a “fall” risk. The medical expert says that the hospital could have done more to ensure that she did not leave her bed. He said that staff members should have notified Janice’s doctor about the seriousness of her fall or that she was displaying certain symptoms, such as not using the morphine pump to relieve her pain, not eating, and being nonresponsive.

Janice fell while trying to leave her bed to use the restroom.

Doctors, nurses, hospitals, and are medical providers most provide all patients with a certain quality and level of medical care. Failure to do so can result in an medical malpractice claim or lawsuit if a patient is injured or dies because of negligence or carelessness.

Common causes for filing a medical malpractice lawsuit:

• Wrong diagnosis
• Failure to diagnose
• Surgical mistakes
• Prescription errors
• Failure to provide the proper care
• Not providing the proper information on a patient’s medical chart
• Medical negligence
• Lack of informed consent
• Delayed diagnosis
• Nursing care errors
• Physician error
• Hospital errors

The statute of limitations for filing a medical malpractice claim in Florida is two years from the time that the injured patient or family members found out that an injury occurred because of medical malpractice.

FWB Medical Center facing malpractice lawsuit for woman's death, Northwest Florida Daily News, September 26, 2007

Related Web Resources:

Fort Walton Beach Medical Center

Medical Malpractice, Public Citizen

Continue reading "Florida Medical Center Faces Medical Practice Lawsuit After Death of Elderly Patient" »

A recent report on CNN.com emphasizes the need for patients to examine whether they have been misdiagnosed by a physician. The article offers five situations that might indicate that a wrongful diagnosis has taken place:

1. You fail to improve after treatment.
2. Your symptoms are different from what your diagnosis says they should be.
3. Your diagnosis is based purely on a lab test; labs make errors too.
4. Your physician says that you have a rare illness even though your symptoms are pretty common.
5. You are diagnosed for an ailment that normally requires a specific test, which you never received.

In 2005, the Journal of American Medical Association reported that studies of autopsies revealed that doctors misdiagnose ailments 10 percent of the time.

In 2006, the Annals of Internal Medicine published a report that said that simple physician-related errors caused nearly 60% of incidents where patients sustained injuries because of misdiagnosis or delayed diagnosis.

Out of 307 medical malpractice claims, 30% of the patients died. Nearly 60% of the patients reported personal injury. 187 incidents were attributed to mistakes made during diagnosis. Wrong diagnosis, failure to diagnose, and delayed diagnosis are just some of the many kinds of medical malpractice errors that can occur.

Doctors, nurses, surgeons, dentists, and other medical professionals are obligated to provide all patients with proper medical care, including proper and timely diagnosis. Failure to do so is considered medical malpractice and can be grounds for a claim or lawsuit from any injured parties.

Here are a few Florida statistics regarding medical malpractice provided by WrongDiagnosis.com:

• 13,498 (7.2%) medical malpractice payment reports were made against physicians in Florida 1990-2003 (2003 Annual Report, National Practitioner Data Bank, US DHHS).
• 353 (7.9%) medical malpractice payment reports were made against nurses in Florida 1990-2003 (2003 Annual Report, National Practitioner Data Bank, US DHHS).
• 5.0% of medical malpractice payment reports made against dentists were in Florida 1990-2003 (2003 Annual Report, National Practitioner Data Bank, US DHHS).

If you or someone you love has been the victim of medical malpractice, you should contact a medical malpractice attorney immediately.

Has your illness been misdiagnosed?, CNN.com

Medical Malpractice in Florida: Related Medical Malpractice Statistics, Wrong Diagnosis?

Annals of Internal Medicine

Related Web Resources:

Medical Malpractice, Insurance Information Institute

Medical Malpractice/Litigation News, Medical News Today

Continue reading "5 Reasons to Suspect Wrongful Diagnosis and A Few Florida Medical Malpractice Statistics" »