Expert Witnesses in Florida Medical Malpractice Cases

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...

How Not to Slip and Fall in Florida

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...

5 Easy Tips on How a Florida Hospital Patient Can Avoid a Hospital Medical Error

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...

Which Florida Hospital is the Safest?

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...

Picking a Nursing Home Just Got Easier

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 ยง400.022 details the rights of residents of nursing homes and provides the sanctions that can be applied to facilities that violate...
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