Articles Posted in Medical Malpractice

The Florida Supreme Court will likely be issuing rulings about limits on medical malpractice damages in Miami and across the state. The rulings stem from a case that involves a woman who received what she believed to be unnecessary leg surgery. After the surgery, the patient suffered from complication and was awarded $1.5 million by a jury for pain and suffering. However, caps on damages in medical malpractice cases were passed in 2003 and as a result a lower court reduced the woman’s damages to $500 000. One of the decisions the Florida Supreme Court will need to decide is whether to apply the medical malpractice caps retroactively.

The cap that was instituted in 2003 was itself controversial. Then-governor Jeb Bush as well as Republican lawmakers worked to limit the non-economic damages possible in medical malpractice cases. Doctors and medical facilities supported the move, stating that medical malpractice claims were increasing insurance costs. In the end, non-economic damages in the state were limited to $500,000 or $1 million in medical malpractice cases, depending on the number of parties involved and the severity of the injury.

Attorneys and injured patients, however, disagreed with the caps, saying that the limits would deprive injured patients of their rights. While the caps do not affect economic damages – which means that patients who have been injured by medical malpractice and misdiagnosis in Miami and other cities can still claim damages for income loss, future expected wage losses, and medical costs stemming from their injuries – the non-economic damages are important in medical malpractice cases. Non-economic damages help patients recover compensation that can help pay for the many incidental costs patients sustain after medical issues. These damages also send a message to doctors who are negligent when it comes to patient safety and health.

In March of this year, the Florida Supreme Court claimed part of the new cap was unconstitutional. That claim arose from a birth injury case in which a mother died in 2006 due to complications. The family initially won $2 million in pain and suffering damages but a judge reduced the amount to $1 million, citing the 2003 law.

What does the Supreme Court deliberation mean for patients who suffer from misdiagnosis and birth injury in Miami and Florida? While it is too soon to tell, attorneys agree that anyone who thinks they have a claim should contact a personal injury attorney in Miami or their community. Even if the $500 000 and $1 million caps remain in place, patients who have been injured due to negligence and recklessness deserve justice and compensation. There are still options available for patients who have been injured.

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The recently released Hospital Safety Score by the Leapfrog Group ranks hospitals on 28 factors, including how often hospital employees wash their hands. A number of Florida hospitals in the most recent score system ranked “A” on an “A” to “D” scale. Florida Hospital Lake Placid, NCH Healthcare System, Baptist Health South Florida Baptist Hospital of Miami, Raulerson Hospital of Okeechobee, Florida Hospital Wauchula, Fawcett Memorial, and Florida Hospital Heartland all received “A” rankings. Overall, Florida hospitals ranked eleventh in the country.

Some hospitals are not ranked in the study. For example, Highlands Regional Medical Center has been ranked is a Joint Commission accredited facility but is not ranked by Leapfrog Group. Some hospitals are also too small and are not ranked for that reason. Other hospitals received low rankings from the Leapfrog Group but high ratings elsewhere. Lee Memorial, for example, had its hospitals graded from B to D but noted that another organization, Healthgrades, named Lee Memorial one of the top 50 hospital systems in the country this year.

Medical malpractice cases in Miami and other cities are a real concern – as are medical errors. Patients enter hospitals for treatments, birth, testing, and to get better. It can be upsetting to find that preventable errors lead to complications, injuries, and even fatalities.

Safety experts agree that there are many things that patients can do to improve their chances of a positive outcome when they visit a hospital – even if they live in an area with hospitals that have lower ratings:

1) Check hospitals ratings. You can visit leapfroggroup.org and other sites online to see surveys and rankings of hospitals. You may wish to check for specific risks. For example, if you are heading to the hospital for surgery, check to see what the rate of surgical error is at the Miami hospital you are considering.

2) Choose hospitals where you can. Of course, in some cases you may have an emergency and be taken to the nearest hospital. In many cases, you can ask your doctor for their opinion about the best hospitals for your specific needs. For example, if you are expecting you may wish to ask for recommendations for hospitals with low numbers of birth injuries in Miami or your community.

3) Ask questions and confirm information. Even if you go to a top-ranked hospital, errors and problems can still occur. If you have a question or concern, speak up. One of the big problems with hospitals is that many people will be responsible for your care and not all of them will be familiar with your case. For this reason, you may wish to confirm allergies, medication and dosages, and other details with each new person handing you medication or helping you with treatment.

4) Take a friend with you when you need to go to the hospital. If you are too injured to be able to take notes, provide information, or ask questions, your friend can assist.

5) Avoid visiting the hospital at times when medical mistakes are most likely to happen. Mistakes and errors may be more likely at night and on weekends (especially holiday weekends) when there is a smaller number of staff on hand.

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Medical malpractice in Miami and across the state causes much suffering and costs far too many lives each year. Worse, victims of medical malpractice often have a hard time getting justice and compensation in their cases. Hospitals, doctors, and clinics are protected by powerful insurance companies and when a serious incident occurs these companies step in immediately to reduce liability for their clients. A family struggling with a complication or birth injury in Miami or another community caused by negligence may be left without adequate financial support in these cases, making it difficult to pay for medical bills, lost wages, and other expenses.

Florida legislators are taking steps that could help those who have been injured through medical malpractice. The new Florida House bill, HB 739, also known as the Patients’ Compensation System, would create a new system for handling medical malpractice claims. The new system would create a panel of doctors and specialists to review claims and would help patients find small claims attorneys.

The bill is intended to simplify the current system and reduce insurance costs and legislators say it will help injured patients get better access to justice and compensation. Currently, according to experts, the system does not serve injured patients very well. Some statistics suggest that out of 17 percent of injuries linked to medical negligence, only about ten percent result in legal claims and only four percent result in recovery of compensation for the victim. In some cases, victims have a hard time even finding legal assistance, since the costs of medical malpractice litigation are so high.

If passed, the new bill would require patients injured by medical malpractice to file a claim. Once they did so, a board of experts would review the claim and would decide whether the patient should receive any compensation. An administrative judge would hear appeals.

A number of doctors have spoken out against the bill so far, largely because the new bill would not require proof of negligence in order to pay out compensation. However, supporters of the bill have stated the legislation would mean many benefits, such as:

•Cases would be resolved in six to nine months, while many personal injury cases in Miami and Florida now take much longer
•Doctors would not need to order unneeded tests to protect themselves from lawsuits
•The costs of trials would be eliminated, reducing insurance costs
•Even patients who do not qualify for a personal injury claim or who have trouble finding an attorney would qualify for compensation
•Plaintiffs would not need to prove negligence under the new system
There is some debate about whether the new legislation is likely to pass, given how difficult it is to create changes in the medical malpractice system.

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Miami is known for its cosmetic surgery clinics and patients from across the country and around the world travel to the city for cosmetic procedures. Many have excellent outcomes and have the opportunity to work with world-class cosmetic surgeons in the city. Unfortunately, in some cases patients are injured or even suffer fatalities due to medical negligence in Miami and surrounding area clinics and hospitals.

While cosmetic surgery procedures have come a long way in the past ten years, they, like any surgery, carry risks. Cosmetic surgery requiring anesthesia can bring about the same complications as any major surgery, including fatality, coma, incorrect anesthesia dosage, and other complications. In addition, patients may suffer from infection, dangerous drug interactions or reactions, and other complications.

After suffering a serious complication due to surgery or drug issue in Miami or another community, patients may face severe pain or may require multiple additional surgeries to fix disfigurement. Some suffer brain damage or other serious complications that mandate assisted living facilities and around-the-clock care. Some are unable to return to their normal lives.

Investigative reports have focused largely on discount cosmetic surgery services and clinics. These clinics and surgeons sometimes offer low-cost alternatives but may do so because they do not have the experience and expertise that more established practitioners have. Another issue is that some spas and beauty salons offer services such as Botox and other procedures which some doctors feel are best left to professionals. Doctors are especially concerned about so-called Botox parties and procedures performed at unlicensed clinics and in private homes.

Anyone who is considering a cosmetic procedure should check with their doctor first to ensure that they are healthy enough for the surgery. Cosmetic procedures that require anesthesia, especially, should be treated as seriously as any major surgery. Patients should research cosmetic surgeons carefully and ask for referrals. A good plastic surgeon should be certified by the American Board of Plastic Surgery, should have extensive experience with the surgery procedure being considered, and should have hospital privileges.

In addition, patients will want to ask about their anesthesiologist. The anesthesiologist in the procedure should have extensive experience and no malpractice claims against them. The clinic or hospital where the procedure is to be performed should also have excellent reviews and provide good patient care. It is important to keep in mind that the surgeon is not the only one responsible for patient care; everyone involved in the process can affect the outcome of a procedure.

Of course, even when patients are careful and conduct careful research may end up being injured by malpractice. Even if a surgeon has certification and satisfied patients, that does not mean that malpractice won’t occur. Many patients only find out about a clinic’s previous lawsuit and issues after they have been injured and consult with a personal injury attorney in Miami or their community.

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Medical malpractice and misdiagnosis in Homestead and other American cities is a serious problem. According to some researchers, hundreds of thousands of Americans each year are seriously injured or even killed due to mistakes and negligence in hospitals, clinics, and doctor’s offices. Often, in these cases, victims may be able to launch a personal injury claim in Homestead or their community in order to seek compensation for their medical costs, incidental bills, lost wages, and more.

According to a 2011 study published in the journal Qualitative Sociology and 2013 Emory University School of Law study, however, many patients with legitimate medical malpractice claims have a hard time seeking compensation for their injuries. There are a number of reasons for this:

1) The costs of pursuing medical malpractice claims are very high. Due to the nature of these cases, medical malpractice claims in Homestead and other cities are very expensive to pursue. They may require medical experts, expert witnesses, private investigators, and countless hours of investigation and legal work.

2) Hospitals and doctors take steps to limit liability and to prevent claims. A hospital, for example, may offer not to bill a patient for follow-up care after a preventable mistake. They may also refuse to take responsibility for an error (even though most accreditation and certification groups for healthcare professionals advocate full disclosure in the event of any unexpected or negative outcome). This means that the patient can no longer claim large medical bills when filing a claim and may need to work harder with an attorney to prove their case.

3) Hospitals and doctors are protected by powerful insurance companies and by various laws. In some cases, there are caps on the compensation that plaintiffs can seek in medical malpractice cases. There is also a statute of limitations in Florida which limits how much time plaintiffs have to file a claim. In addition to these laws, doctors and healthcare settings are protected by insurance carriers who have teams of attorneys on their side, so that the plaintiff is often facing a very powerful defendant.

4) Those who may be most vulnerable – such as children and the elderly – may have smaller claims. They may not have income that they have lost, for example, so even though they deserve compensation for their pain and suffering, the total monetary loss may be considered small by the legal system when compared with a young professional who is the sole income earner in their household. This can make it harder for them to seek a legal claim or even find an attorney, according to some studies.

So what can a plaintiff with a legitimate claim do? The first step is to contact a personal injury attorney with experience in medical malpractice cases. It can also be helpful to review with an attorney all possible costs of an injury as well as other possible sources of compensation and help.

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Miami is a city known for its beaches and its many beautiful and famous residents. This culture has created a huge interest in cosmetic surgery procedures and in fact Miami has attracted some of the most reputable cosmetic surgeons the world over. Surgeries of all kinds are performed in the city every day, but unfortunately not all patients have a good outcome after their procedures.

Of especial concern to the American Society of Plastic Surgeons and to doctors across the state is the popularity of black market cosmetic procedures. Unqualified or poorly qualified practitioners offer these treatments, which can include buttock injections and other cosmetic procedures, which little medical oversight and control. They lure in customers with promises of inexpensive treatments but according to the American Society of Plastic Surgeons not everyone performing these treatments is qualified and in some cases patients have been harmed or have even faced fatal complications as a result of black market cosmetic treatments.

While in these cases patients have the option of filing a medical malpractice claim in Miami or other communities, it can be hard for them to get justice. According to some personal injury attorneys in Miami, these black market practitioners are hard to track down. In some cases, they are not even doctors so they cannot be pursued under medical malpractice laws in Miami and may not have assets or insurance to pursue.

If you are considering a cosmetic procedure, doctors and experts recommend the following:

1) See your doctor first. Your doctor can evaluate your overall condition and may be able to tell you whether you are a good candidate for a cosmetic procedure. He or she may also be able to recommend plastic surgeons who are reputable.

2) See a qualified medical practitioner, even for seemingly “minor” procedures. Most patients know that if they want serious surgery such as rhinoplasty or treatment for a burn injury in Miami, they need a qualified surgeon. Some patients, though, believe that “minor” procedures such as fillers or injections do not require the services of a cosmetic surgeon. However, the American Society of Plastic Surgeons reports that some of these so-called minor procedures, when done under uncontrolled and unsupervised conditions, can be fatal. They have reports of unqualified persons injecting mineral oil, concrete, and even industrial silicone into patients and closing wounds with Super Glue. These types of “treatments” are not only horrific but they can lead to infection and fatalities. It is always better to spend more on a qualified doctor than to save money and risk your health.

3) Research extensively before choosing to trust someone with your face or health. Look for a cosmetic surgeon who is affiliated with the American Society of Plastic Surgeons (ASPS) or the American Board of Plastic Surgery (ABPS) and has hospital privileges. Look for recommendations for surgeons from doctors and friends and family. You can also contact the Florida Society of Plastic Surgeons to ask for recommendations and to check to see whether your surgeon is affiliated with that group.

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The statistics about medical malpractice cases are not good news for patients who have suffered medical negligence or misdiagnosis in Miami Beach or another community. Statistics suggest that about 6 million injuries and 187 000 preventable deaths occur in the nation’s hospitals each year. However, less than 2% of patients who have suffered an injury seek a legal claim. Of those who do pursue justice, only one in 15 is successful.

Part of the problem is that patients do not always realize that they have a case. Doctors and hospitals are usually in no rush to admit negligence or preventable error and for a frightened and injured patient it can be difficult to tell the difference between a simple mistake and negligence. For this reason, it is important for any injured patient to consult with a personal injury attorney in Miami Beach or their community. A good attorney with extensive experience in medical malpractice cases can help patients evaluate their options and can help determine what has caused an injury.

Another part of the problem is that in many cases doctors and hospitals are protected by powerful groups of attorneys. It can be difficult to establish and document negligence in a medical setting and harder to hold liable parties accountable. These cases often rely on expert witnesses and copies of medical reports. An experienced attorney can help immensely when it comes to building a strong case on behalf of a patient.

A third problem with medical malpractice cases in Miami Beach and other communities is that in many cases these cases hinge on who is to blame for a medical outcome. It can be very hard to determine blame, as doctors (and their attorneys) may blame honest mistakes, a patient’s existing medical condition, and a host of other reasons for a bad outcome.

This has led some experts to recommend that patients who suffer a serious injury should automatically get compensation due to a medical mistake. The medical malpractice system is worth an estimated $300 billion across the country, and that is enough money to compensate everyone who is seriously injured during a hospital stay. Since every injury and death would cost hospitals money, hospitals would be forced to do more to prevent injury and death – rather than just work to prevent litigation. Reformers in Florida have already tried to pass this “no fault” system similar to the worker’s compensation system. Critics, however, have pointed out that a key problem with that system is that there is a cap on how much injured parties can be compensated – even if their medical costs and lost income is considerably more than the compensation offered.

Current rules mean that injured patients may have to face months or even years in courtrooms before seeing any compensation. In the meantime, these patients may face severe financial distress if they need additional medical care due to negligence or if they face lost income. The best option for patients right now is to seek a personal injury attorney after sustaining an injury.

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If you have suffered misdiagnosis in Homestead or any other Florida community or believe that you may have a medical malpractice claim for some reason, it is important to understand the laws that could affect your claim. These laws change frequently. For example, the Florida Medical Association (FMA) has recently been seeking to pass a bill (SB-1792) which would limit who would be able to act a medical expert witness in malpractice cases. The bill would allow only medical professionals in the same specialty to act as expert witnesses. Currently, any medical professional who has treated the patient and has a similar medical specialty can act as an expert witness. The bill would also allow the defendant’s legal team to interview anyone who treated the plaintiff after the defendant without telling the plaintiff’s attorney or the plaintiff about the interview. Finally, the bill would make it mandatory for a doctor to provide a medical record if subpoenaed as long as the patient agreed to have their medical information shared in this manner.

Another bill (HB-827) might also affect medical malpractice claims in Homestead and other Florida communities. If passed, the bill would not hold hospitals liable for contract workers, limiting the ability of plaintiffs to pursue hospitals in some cases.

Even if these bills do not pass, there are current Florida laws which could affect your claim. For example, there is a statute of limitations in Florida medical malpractice cases. If you do not file your claim within two years of when you first became aware of an injury (or when you should have been aware of an injury) you may lose your ability to pursue compensation. There are additional laws designed to protect medical professionals and in many cases hospitals and clinics are protected by powerful teams of attorneys as well.

Florida laws do exist to protect injury victims, however. If a doctor was negligent in providing you with standard medical care and that negligence led to birth injury in Homestead or another community or another type of personal injury, you may be able to pursue compensation through a medical claim. You can seek to recover for medical costs, long-term medical expenses, loss of income, pain and suffering, and other costs. If medical negligence has led to the death of a loved one you may be able to pursue a wrongful death claim in Homestead or your community.

Medical malpractice laws are complex and change frequently. The best way to understand how these laws could affect your case is to speak with a personal injury attorney in Homestead or your community. An attorney can help you understand the laws that affect your case and can help you understand and pursue your legal options. A qualified attorney can also help you understand the strength of your case and the potential value of your case, so you can make a decision about your situation from a position of strength.

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Medical malpractice cases in Hialeah and other South Florida communities often occur because a healthcare practitioner is negligent in providing a high standard of care. While most health care professionals go out of their way to provide the best care possible for their patients, in some cases doctors and other professionals are negligent. When this happens, misdiagnosis in Hialeah as well as surgery errors and treatment errors are the result. In many cases, these situations are caused by:

1) Poor communication. In many cases, poor communication – both written and spoken – between pharmacies, doctors, and other medical professions can lead to pharmacy errors in Hialeah as well as other errors. For example, when doctors fail to correctly note surgery sites, surgical site errors can occur. When doctors are negligent in communicating symptoms and issues to specialists, misdiagnosis can result.

2) Poor policies at a clinic or hospital. Some clinics and hospitals have poor policies that can result in medical negligence. For example, many hospitals have reduced staff during weekends and in the evenings, so emergency patients brought injuring these times may face longer wait times and may also experience complications due to the hospital’s decision to understaff during specific periods of time. Poor policies regarding patient admission, communication, staffing, and other issues can also result in misdiagnoses and other medical problems.

3) Fatigue. Doctors and healthcare professionals often work long, hard hours. Unfortunately, working long hours without adequate rest can lead to fatigue that is serious enough to impair judgment. Recent studies have suggested that medical interns in fact face a higher risk of car accidents because they are so fatigued after work. There’s adequate research to show that fatigued driving leads to car accidents in Hialeah and across the country. By the same token, fatigued work by healthcare professionals may be more likely to lead to errors. Unfortunately, when medical professionals make errors, the results can claim a patient’s life.

4) Issues with training. Medical professionals undergo years of schooling as well as in-hospital training. When medical professionals do not receive adequate training concerning new equipment, hospital policies, and other issues, they can make mistakes which lead to misdiagnosis and other problems that lead to injuries and complications for patients.

5) Distraction. Medical professionals often work in high stress environments, and this is especially true for emergency room staff. When staff allow themselves to be distracted, however, they can easily cause an injury to a patient. Distraction can lead to wrong surgical site errors, pharmacy errors, misdiagnosis, and other issues.

6) Understaffing. Lack of adequate staff can make it harder for patients to get adequate care, and this can lead to complications and injuries. Clinics and hospitals have an obligation to provide quality staff but also enough staff to keep patients safe.

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