Florida Injury Lawyer Blog

Como abogado de malapractica medica en Miami, me preguntan muy amenudo que es la parte mas dificil de un caso. Yo pienso que lo mas dificil es encontrar un experto medico que testifique contra otro medico. Muchos expertos medicos tienen miedo o estan influenciados por sus hospitals, companias de seguro or asociaciones medicas.

La seccion 766.102 de los Estatutos de la Florida requiren que todo los casos de malapractica medica sean revisados y certificados por un experto medico. El Estatuto 766.102 delinea requisitos muy especificos sobre quien, cuando y como los expertos pueden testificar.

El experto tiene que estar licenciado y si el medico acusado es especialista el experto tiene que tener la misma especialidad que el medico accusado y haber ejercido medicina en los tres anos antes del dia de la malapractica.

El Estatuto impone un gran cargo sobre los pacientes lesionados y sus abogados para encontrar doctors calificados que esten dispuestos a testificar, poniendolo muy dificil que los pacientes lesionados obtengan justicia en la Florida.

As a Florida lawyer who represents misdiagnosed cancer victims, I was saddened to learn that Michael Douglas has Stage Four cancer. Is he the victim of medical malpractice? His wife, actress Catherine Zeta-Jones seems to think so. According to People Magazine she is fuming at doctors for not diagnosing it months ago.

In our Miami law office, we often hear from angry patients and their families when faced with unexpected news about their health or surgical outcomes. In determining whether Mr. Douglas's cancer was negligently missed, a competent medical malpractice lawyer will have to analyze his medical records, diagnostic films and pathology slides in conjunction with expert consultants in oncology, radiology and internal medicine.

Sadly, in many cases, even when there is a clear "missed cancer", there is no link to the ultimate outcome or prognosis. In other words, to win a failure to diagnose cancer case, one must prove not only that the cancer was unreasonably missed, but that had it been caught there would have been a different outcome for the patient.

Defendant doctors often successfully argue that In some kinds of cancer, there is no cure even when they are caught in time. Our lawyers extend our prayers to Mr. Douglas and his family for a speedy recovery.

As a Florida Med-Mal lawyer I am often asked what the most difficult part of the case is. I believe it is finding expert witnesses that are willing to testify against other doctors. Many are afraid or discouraged by their hospitals, insurance companies or associations.

Florida Statute Section 766.102 requires that any medical negligence case must first be reviewed and certified by an expert witness. Statute Section 766.102 has very specific requirements about who, when and how experts can testify.

The expert must be a licensed health care provider and if the defendant is a specialist, the expert witness must specialize in the same specialty as defendant the doctor and have practiced within the 3 years immediately preceding the date of the malpractice.

This statute poses a tremendous burden on injured patients and their lawyers to find doctors who are qualified and willing to testify, making it very difficult for Florida's injured patients to get justice.

As a Florida trip and fall accident lawyer, I wonder why more places do not put up signs telling customers to be careful? According to the Centers for Disease Control and Prevention, costs for treating falls is more than $19 billion annually, with a projected cost of at least $43 billion by 2020.

We have represented folks who have fallen in restaurants, supermarkets and parking lots for reasons ranging from wet or greasy floors, clutter and debris, to uneven surfaces, improper cleaning and lack of hazard identifications across the State of Florida.

We believe that many of these falls might have been prevented with the installation of a sign telling visitors just to be careful. More businesses should take the time to make sure their property is safe before someone gets hurt. If you are injured by slipping or falling contact Miami Florida personal injury lawyer Spencer Aronfeld.

Patients in Florida's hospitals can do a few things to prevent a medical error. As a Miami lawyer who sues hospitals for medical mistakes, I believe that there needs to be a concerted effort between both health-care providers and patients to help reduce errors.

The "Speak Up" program sponsored by the Joint Commission on Accreditation of Healthcare Organizations recommends:

1. Do not to be embarrassed when speaking to doctors or nurses if you do not understand what you are being told.

2. Do not be afraid to point out errors in your history or chart. For instance, speak up if a doctor writes an incorrect note or marks the wrong side of your body for surgery.

3. Do not hesitate to tell nurses if they are confusing you with the wrong patient.

4. Do not hesitate to insist that a health-care providers clean their hands before they touch you. Keep a bottle of hand sanitizer at your bedside to clean your hands after using the bathroom, touching doors or getting diagnostic tests.

5. Insist on reviewing your records periodically for mistakes and always obtain a copy of them at discharge for your primary care doctor to review, even when your treatment is minor.

Dear Florida Hospital Lawyer:

I read a lot about dangerous hospitals, infections and delays. How can I figure out which Florida hospital is the best for me?

Thanks,

Needing Answers in Tamarac

Dear Needing Answers:

Thank you for your email. I have brought claims against a number of hospitals across Florida for emergency room delays, misread CT scans, surgical errors, bed sores and medication errors. Just because a hospital makes a mistake with one patient does not mean it is a bad hospital.

Florida's Agency for Health Care Administration has a great website that provides valuable information regarding hospital performance, health outcome and pricing information. There is even limited information regarding inspections and deficiencies like this one regarding Miami's Mercy Hospital, Inc.

What the site does not show, but should, is the number of medical malpractice lawsuits, settlements and verdicts. In Florida, when hospitals pay out in malpractice cases, they invariably request a confidentiality agreement preventing the plaintiffs/claimants and their attorney from disclosing the terms or amount of the settlement. Until this information is made public, consumers, like yourself, will still be ill equipped to find Florida's safest hospital.

I hope this helps.

Respectfully,

Spencer Aronfeld

As a lawyer representing Florida's elderly in nursing home abuse cases, the number one concern I hear from the resident's family is that had they known more about the nursing home's track record for patient care they would have gone elsewhere.

Recently, The Official U.S. Government Site for Medicare has retooled its website to add a ratings system that is much more user friendly. The ratings consider health inspections, staffing and quality measures. Additionally, it allows users to compare nursing homes based upon location and other factors.

As Florida nursing home patient advocates, we strongly recommend that those considering which nursing home is best suited for a loved one, also consider consumer satisfaction surveys like those done by My Innerview.

Florida's Statutes Statute §400.022 details the rights of residents of nursing homes and provides the sanctions that can be applied to facilities that violate them.

In nearly twenty years of being a Florida car crash lawyer, I have seen hundreds of clients with severe back pain. Some of the treatments they have received range from ice packs to back surgery. Pain injections and pumps can provide relief but it is often short term. Surgeries have risks too, including infection or death. Yet, the most disturbing consequence I have witnessed is when narcotic pain medication like Oxycontin is prescribed and the client ends up addicted.

Juries have been less than understanding, perhaps based upon our Puritanical forefathers of car accident or slip and fall plaintiffs who allege back pain when there is no objective medical evidence. It is not universally understood that sophisticated imaging studies like MRIs and CT scans are not fool proof in the diagnosis of back pain. In fact, they often show abnormalities in asymptomatic patients.

Since there is no "best choice" for the treatment of back pain; we often recommend that our clients suffering chronic life altering pain and seem depressed also undergo emotional counseling with qualified mental health professionals. I believe there is a very real relationship between pain and depression that often goes undiagnosed and treated. I have seen miraculous recoveries with injured clients that just start a program of exercise and emotional therapy after a back injury.

Continue reading "Accident Back Pain Causes Depression" »

As an Avandia injury lawyer, I am astonished at the FDA's reluctance to shut Avandia down and sanction Glaxo. Last month Federal drug regulators conducted a hearing concluding that Avandia carried a higher risk of heart attack than its competitor drug Actos.

Of the 33 members of the committee none voted to continue marketing the drug or from removing the warning labels for stroke or heart attack. 3 said no change; 10 voted to severely restrict the drug's marketing and 12 voted to take it off the market. One abstained.

So what does the FDA do with this information? They order Glaxo to send some doctors a letter. The letter goes out without FDA approval and it fails to clearly discuss the findings of the committee. Moreover, the letter does not go out to all prescribing doctors nor to patients.

What is going on here? As a Miami drug injury lawyers committed to patient safety, I think that every prescribing doctor,pharmacist and patient should immediately be provided with a clear and easy to understand warning about Avandia from the FDA. The FDA can bill Glaxo for the cost of sending the letter. The idea is to let patients know about Avandia's dangers before it is too late.

Continue reading "Avandia Danger-Enough is Enough" »

As a Florida oil spill claims lawyer, I am wondering if Kenneth Feinberg is working for BP or for the claimants. So far I am very disappointed with Mr. Feinberg's proposed protocol for administering the fund for Oil Spill claimants.

His plan calls deductions for what shrimpers have earned so far cleaning up the spill from their final payout. This is another example of BP taking advantage of the desperation of those affected by their negligence the most. First BP tried and succeeded in paying shrimpers to help in the dangerous cleanup work. Now BP wants these folks to release potential claims against other subcontractors involved in the spill just because they had reached a some kind of deal with BP.

Those affected by the oil spill should seek legal counsel before making any decisions regarding their potential claims.

Since we sue Florida doctor's who make mistakes, our Miami medical malpractice law firm analyzes at least a dozen potential medical malpractice cases per week. The number one reason our clients come to us is to get answers--answers for a botched plastic surgery procedure --answers for when a loved one dies from medical neglect.

The Annals of Internal Medicine recently reported that full disclosure by physicians and hospitals with an open dialog and an apology may go a long way to discouraging patients or their families from filing a medical malpractice lawsuit. I applaud and encourage this process.

Instead, what I see time and time again are doctors who change or lose records or hospitals that turn a blind eye to grieving families. I encourage all hospitals to review these finding with the sincere hope patients get the answers they deserve, but so that others can learn from the mistakes to improve health-care for us all.

Continue reading "Hey Doctor: Want to Learn How Not to Get Sued For Medical Malpractice?" »

Our Florida car crash lawyers believe that Florida needs to immediately pass legislation immediately banning texting and emailing while driving. The death of celebrity plastic surgeon Ryan Frank allegedly occurred because he was driving while tweeting.

A proposed bill, commonly known as "Heather's Law," that sought a complete ban on cell phone use while driving died in committee in May 2009. This proposed bill was named for Heather Hurd, a Lakeland woman who was killed in a collision with a truck driver who was allegedly texting while behind the wheel.

Studies show that the danger of driving while texting or tweeting is eight times more than driving under the influence of alcohol. How does Florida permit this danger in light of the staggering evidence of the tragic consequences?

As a Florida brain injury lawyer, I was fascinated by a recent peer reviewed article in a neuropathology journal that links Lou Gehrig's Disease to concussions or other brain trauma.

The horrific disease known as amyotrophic lateral sclerosis, or ALS involves cells in the brain and spinal cord that control voluntary muscle movement. The recent revelations suggest that they may be caused by concussion like trauma, that erodes the central nervous system in similar ways.

Now accidents victims who have a suspected brain injury need caution in their diagnosis and treatment. Likewise, patients being diagnosed with ALS need to consider brain trauma. Currently there is no known cure for ALS.. Riluzole is a drug used for ALS patients and while it may prolong life, it does not reverse or stop the disease from getting worse.

Our Florida lawyers sue public schools on behalf of injured students; like the Omaha sophomore that suffered a broken jaw and other injuries when another student punched him.

Florida seems to be at the epicenter of student violence with several tragic cases having recently occurred. What can Florida's schools and students do to protect themselves? As a Miami children's injury lawyer and parent of two, I suggest that a first step would be the elimination of Sovereign Immunity.

Florida Statutes §768.28 is Florida's sovereign immunity statute. The statute insulates public schools from liability by placing a damage cap of $100,000.00 per person/$200,000.00 per incident. That means the most the school or school board would be liable or responsible to pay an injured student; is limited regardless of the damage. Moreover, §768.28(6) requires that before any lawsuit can be filed all claims have to be presented within three years after the date of incident.

Florida's schools should not be permitted to hide behind sovereign immunity, damage caps and a shortened statute of limitations. They should be required to be fully responsible for their conduct in light of their duty to not just educated our children but to protect them.

As a Florida car crash lawyer, I believe that it is imperative that the injured's lawyer personally attend the medical examination of their client in order to protect the process and integrity of the procedure.

Because If you are hurt in a Florida car wreck and file a lawsuit, you will almost certainly be subjected to a physical examination by the defendant's insurance company's doctor. This is usually referred to as an IME (Independent Medical Examination), although there is usually little or nothing independent about it.

Florida Rules of Civil Procedure Rule 1.360 allows these examinations and details the scope and procedure as to how the examination is to be conducted.

The most frequently over looked consideration is that the rule permits the presence of third parties. This means that whether the examination is physical or psychological, the plaintiff has the right to have his/her attorney attend all phases of the examination. They are some exceptions to this rule that are "case specific".