Recently in Plastic Surgery Malpractice Category

March 29, 2012

Florida Women Dies from Plastic Surgery

As a Broward plastic surgery malpractice lawyer, I was deeply saddened by the recent news of that Idell Frazer, a 50-year old Florida grandmother, lost her life during a liposuction and fat transfer at Strax Rejuvenation and Aesthetics Institute. Our law office is currently representing the family of Lidvian Zelaya who died during the same procedure last year. You can read the filed Stamped Complaint-8731.pdf


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Fat embolisms are one of the many known complications associated with fat re-injection procedures. Pulmonary embolisms occur when a blood clot forms and clogs an artery in a patient's lung. Any plastic surgery patient can develop a pulmonary embolism or "PE" but certain factors increase the risk:

1. Surgery is the leading cause of blood clots. The risk of developing a blood clot increases with the duration of anesthesia. In other words the longer the procedure the higher the risk of developing a blood clot. This is one of the reasons that multiple cosmetic procedures are not recommended to be performed during one operation.

2. Prolonged immobility. Blood clots are more likely to form in the legs after patients are subjected to prolonged bed rest (recuperating from surgery) or from sitting in cramped positions during long car trips or flights.

3. Age. Older patients are at a higher risk for an embolism because the valves that move blood in the veins become increasingly inefficient with age. Older patients are more commonly dehydrated and have co-morbid medical conditions like cancer or heat disease which can increase the risk for a clot.

4. Family History. It is important that doctors, particularly those performing elective cosmetic procedures like fat injections, understand a patient's family history for blood disorders. Special tests can and should be ordered before any procedure to determine if there are any clotting disorders that would put a patient at a higher risk for a blood clot.

5. Smoking and Obesity are additional factors that predispose a patient to form a blood clot. The risk is higher when combined with the other factors listed above.

Our Fort Lauderdale surgery malpractice law firm advises anyone considering undergoing an elective cosmetic procedure to have a thorough physical exam performed by a Board Certified internal medicine doctor who has no relationship to the potential plastic surgeon or clinic to obtain medical clearance. In addition, we recommend that you carefully select your plastic surgeon and only use one who is Board Certified in Plastic Surgery. We hope no other family will lose a spouse, parent, child or partner due to a botched plastic surgery.

Continue reading "Florida Women Dies from Plastic Surgery" »

February 6, 2012

How To Pick Your Plastic Surgeon-My Advice on "The Doctors"

The selection of a surgeon can often mean the difference between having a fantastic result or of making a medical condition go from bad to worse. I recently had the privilege of appearing on "The Doctors" with Dr. Drew Orden during a segment on how to select a plastic surgeon. For over twenty years Dr. Orden has practiced aesthetic plastic and reconstructive surgery New York City, Beverly Hills and Rancho Mirage.

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Our South Florida medical malpractice law firm believes that before undergoing any elective procedure you should obtain a number of opinions from various surgeons. Selecting a surgeon based upon the lowest price is rarely the best decision. We also recommend that patients do research on their potential doctors. Florida Statutes section 458.320 is the law that regulates the financial responsibility of doctors. Unbeknownst to most people, Florida does not require that doctors carry medical malpractice insurance. Accordingly, you should go to the Florida Department of Health's website (or the equivalent for the state in which you reside) to verify that your potential surgeon is in fact licensed and has staff privileges at a near by hospital.

Many plastic surgeons will send you to a "friendly" doctor to clear you for an elective surgery. As a lawyer who has sued plastic and cosmetic surgeons for over 20 years I recommend that you go to your own primary care physician or find an independent internist to perform the preoperative clearance.

Lastly, many states allow doctors to perform plastic and cosmetic surgeries that are not actually trained or board certified in Plastic Surgery by the American Board of Medical Specialties (ABMS). Since 1933, the ABMS has certified doctors to help patients and hospital identify doctors who are able to provided specialty health care in a number of medical. In all, there are 24 medical specialties and sub-specialties.

As an attorney who sues doctors in Florida who operate on the wrong site we believe that every patient should take the time to understand not only the kind of procedure they are undergoing but as much as possible about the person performing the surgery. Information enables a patient to make informed decisions about their care and hopefully prevent them from becoming a victim of a cosmetic surgery malpractice.

February 1, 2012

Florida's Judge and Juries Hate Plastic Surgery Medical Malpractice Cases

Judges and juries dislike medical malpractice cases in Florida especially if they deal with an elective cosmetic procedure or botched plastic surgery.

One would want to believe that in Miami or Fort Lauderdale, places where just about everyone and their mothers have undergone either a breast augmentation or tummy tuck, South Florida jurors and judges would be empathetic. However, that is simply not the case. After representing injured victims of botched plastic surgery in Florida for over 20 years, I believe that most potential jurors fall into one of two categories in how they perceive individuals who are bringing a claim for a botched plastic surgery. First, there are those who have themselves successfully undergone some form of elective plastic surgery and they tend to want to assess fault upon the patient for not going to a better doctor. In the alternative, If the potential juror hasn't had plastic surgery, they tend to believe that the injured patient is responsible for their own injury for not having been satisfied with their looks or being too lazy to go to a gym or diet. In other words, they blame the plaintiff for being "vain." Faced with either type of juror mentality, makes winning a plastic surgery malpractice law suit in Florida extremely difficult.


The typical doctor defense will spend hours going through the preoperative consent forms, that outline every possible complication from scarring, infection, bleeding or even death, to argue that the patient "assumed the risk."

I recommend that all patients take their own pre-op photographs to preserve the evidence of how they looked before to compare to their post-op results. This is especially important if the patient is considering undergoing multiple surgical procedures at one time. I also recommend that they bring all consent forms to a competent lawyer to read before signing.

I have sued dozens of plastic surgeons around the country and most defendants I have found are extraordinarily charming, sophisticated, articulate and seductive. After all, they are able to convince patients that they have the power to make them look younger and more attractive. They can often use those same talents and skills to seduce a jury.

Rarely do elective cosmetic surgeries take place in Florida hospitals. Most are performed in out-patient surgical centers pursuant to Stat re outpatient procedures-490-727.pdf However, when a hospital is involved, obtaining as much information about the quality of care at that institution before the surgery is critical. "Florida's Hospitals Have a Secret" is a recent article I authored on the Huffington Post that details the extent of legal protection Florida law provides both hospitals and the doctors; especially, in terms of how little information injured patients are entitled to obtain from Florida hospitals who have allegedly killed or injured a patient.

Our Florida patient injury lawyers believe that the best way to avoid being the victim of malpractice is to prevent it from ever occurring, by obtaining information about the risk associated with certain procedures as well as the level of care provided at various hospitals and surgical centers. However, as long as Florida's judges, juries and legislature continue to protect doctors and hospitals at the expense of the injured, patients will be at risk.

Continue reading "Florida's Judge and Juries Hate Plastic Surgery Medical Malpractice Cases" »

December 19, 2011

Dr. Phil and Botched Plastic Surgery

Recently, I had the honor of being a guest on "Dr. Phil." The host of the show, Dr. Phil McGraw is probably the world's most famous mental health professional. He devoted an entire episode to botched plastic surgery.

I had an opportunity to discuss some of the more unusual cases I have encountered as a lawyer that has sues Florida plastic surgeons, hospitals and clinics for over twenty years. Most importantly we discussed how to avoid being a victim of plastic surgery malpractice.

In my opinion as a lawyer who represents patients injured by careless Florida surgeons the single most important factor in surviving plastic surgery is the selection of the doctor and making sure that the surgeon is Board Certified. After the tragic death of Kanye West's mother, Donda West, there has been a national focus on the risks of plastic surgery. Patients need to understand that not all doctors are alike. The American Board of Plastic Surgery (ABPS) certifies that its members are properly certified and trained.

There are many "fake boards" that claim to have the ability to certify doctors. Do not be fooled and do your homework before agreeing to undergo a procedure. Is your Surgeon Certified? Check here.

In order for a surgeon to be certified by the ABPS they must meet the following requirements:

They have earned a degree from an accredited medical school;
They have completed 3 years of general surgery;
They have completed 2-3 years of supervised residency in plastic surgery;
They have had at least 2 years of professional practice; and
They have passed rigorous written and oral exams (only about 70 percent of physicians who take the test pass it).

The ABPS is recognized and overseen by the American Board of Medical Specialties and sets high education and training standards. To find out if your doctor is board certified, check with the American Board of Medical Specialties and click here.

2. Check the surgeon's record.

Most states have information on their websites that will allow you to obtain details about a potential surgeon. Some states require you to request the information by mail. Pay close attention to any settlements or records of disciplinary action. Also make sure that your surgeon is licensed to practice medicine within the state. Do not assume that simply because the doctor has an office he is in fact licensed.

3. Does the surgeon has hospital privileges?

If they don't have hospital privileges, that is a red flag. Hospitals have complex privilege and staffing requirements that can provide an extra degree of confidence when selecting your doctor. Do not rely on the surgeon telling you he has privileges. Contact the hospital directly and confirm the status.

4. Interview the Doctor like you would hiring a nanny or baby sitter.

Ask the following:

How many times has the physician performed the procedure?
How long has the physician performed the procedure?
What other procedures does he/she perform?
Who will assist in the procedure? Their qualifications and training?
Are all involved licensed in good standing?
What is involved in the procedure? How is it performed?
Can I see multiple before and after photos of patients on whom you have performed this procedure?
Can you provide me with three to five reference patients on whom you've performed this procedure?
What are the exact breakdown of fees for this procedure?
Can I get advance copies of all forms I have to complete and sign prior to procedure?
Are you insured for malpractice?
Will the physician use sedation? If yes, what level of sedation will the physician use?
Who will administer and monitor the sedation?
How long will the procedure last?
How long will the sedation effects last?
How long will it take to recover in the facility before discharge?
Where will the surgery take place?
What are the emergency plans?
To which hospital would you be taken?
Will post-operative medicine be necessary?
Will there be noticeable scarring?
What realistic result can I expect?
Will the physician perform the procedure from the first cut to the last stitch?
What are the risks associated with this procedure?
What are the warning signs or concerns to watch for?
Do you do revisions and at what cost?

The best way to avoid a botched surgery is to make sure that you are in the hands of a competent and skilled doctor that has the background and experience to not only perform the surgery but to handle any complications that may arise during or after the surgery is over.

November 16, 2011

Suing Florida's Doctors and Hospitals Just Got a Lot Harder-Thanks Governor Scott

I am a Miami lawyer who sues doctors and hospitals on behalf of injured Florida's injured patients and their families for over twenty years. I have sadly watched the legal rights of injured patients get whittled away since I started practicing law in 1991. But nothing compares to the machete that Florida's Governor Rick Scott has wielded in the short time since his election. Take his latest weapon: Florida's brand new Statute §766.1065 "Authorization for release of protected health information" in claims for personal injury or wrongful death.

Florida does not permit injured patients or their families to simply sue negligent doctors. Instead, the law requires families and their lawyers to engage in a burdensome, expensive, tricky and time consuming ordeal known as "Presuit." It forces the injured to obtain medical records, expert opinions and comply with a complex and downright tricky legal maze before a law suit can even be filed. Generally, Presuit has to start within two years of the incident, giving doctors and hospitals the advantage of having a shorter statute of limitations than every other defendant in the State of Florida simply because they are "healthcare providers." In the end, Florida's malpractice law simply eliminates all but the most catastrophic medical mistakes from even getting filed as law suits. In the end, injuries that do not cause permanent and significant changes in the quality of a patient's life nearly always go uncompensated.

Florida's Statute §766.1065 simply raises the bar by requiring that the Presuit procedure also include an authorization for the release of a patient's protected health information that is "potentially relevant" to the claim. In fact, if the authorization is not provided in the specific format required by the statute the entire Presuit will be deemed void.

Furthermore, Section 766.1065(2) states that if the patient or their family decides to revoke the authorization it will void the Presuit notice and potentially destroy a claim if the Statute of Limitations has passed.

This new "authorization" allows the defendant doctors or hospitals and their lawyers and insurance companies to obtain an injured Florida patient's medical records and verbally interact with the patient's other doctors. It requires the injured patient to provide a list of the names and addresses of all healthcare providers for two years before the incident even occurred. That means that if an anesthesiologist performs a femoral block on the wrong leg, the injured patient will have to give that anesthesiologist, his lawyers, and medical malpractice insurance company the names and addresses of the doctors she has seen two years before the malpractice even occurred. Then the defendant doctor and his team can obtain her records and even speak with her doctors regarding treatments or procedures that have absolutely nothing to do with her claim.

As a Key West PI attorney I fear this will have a chilling effect on patient care. I am concerned that if a defendant doctor and his lawyers are permitted to speak with unrelated healthcare providers and tell them that their patient is engaged in a Florida medical injury claim, some doctors will start treating their patients more defensively or discharge them completely for fear of being dragged into litigation.

Section C of the required authorization allows patients to certify doctors they believe are not relevant to the claim for the injuries but still requires the patient to list the providers' names, dates of treatment, examination and evaluation.

An other potential harm of this statute is that it will force patients who have received treatment for issues that are private and not relevant to the alleged Florida medical mistake to disclose personal medical information. The effect of this statute may coerce Florida's injured patients and or surviving family to simply abandon legitimate claims. For example, it a patient has been treated for a Sexually Transmitted Disease, Addiction or Depression, she will be forced by this statute and its required authorization to disclose this information to sue a Fort Lauderdale doctor who did a botched plastic surgery.

August 22, 2011

How Much is My Medical Malpractice Case Worth?

As a Broward County medmal attorney, I do not agree with a recent report indicating that researchers from Harvard, University of Southern Californian and the Rand Corporation, finding that doctors who specialize in areas considered "low-risk" like pediatricians and psychiatrist are less likely to get sued in comparison with "high-risk" specialties like surgeons, particularly neurosurgeons. .


According to the report, over 19% of neurosurgeons face medical negligence lawsuits yearly. The report outlines the following ten medical specialties as those most likely to be sued:

1. Neurosurgeons
2. Thoracic-cardiovascular surgeons
3. General surgeons
4. Orthopedic surgeons
5. Plastic surgeons
6. Gastroenterologist
7. Ob-Gyn
8. Urologolist
9. Pulmonologist
10. Oncologolist


Dermatologists, pathologists, nephrologists, ophthalmologists, diagnostic radiologists, anesthesiologists and emergency medicine doctors were ranked the least likely to get sued.

The study found that gynecologists, not obstetricians, were the most likely to settle out of court yet are only the 12th most likely to be sued by a patient in the first place. Conversely neurosurgeons, the most likely to be sued, are also most likely to have to pay a malpractice claim with an average payment of $344,811. The average claim paid by pediatricians is $520,924, and for pathologists, $383,509. Many injured patients imagine their claim to be worth over $1million dollars. Surprisingly, the study revealed only 66 cases where verdicts or payments exceeded that amount.

What the study seems to not reflect is the reality of the cost in bringing a medical malpractice claim to court. The up-front cost of obtaining records, experts and preparing a case for trial can be in excess of $100,000.

Most states, including Florida, have caps on jury verdicts for damages which deter lawyers from pursuing low value cases or claims against uninsured doctors or clinics. With the tremendous financial and legal obstacles facing anyone injured by a doctor or hospital in Florida, as a Florida hospital injury lawyer can assure you that, contrary to the media hype regarding baseless medical malpractice claims, no frivolous claims are being filed. Sadly, the public does not understand the true safety value of medical malpractice litigation as a means to force healthcare providers to practice within and above the standard of care, which will keep us all from being injured.

Continue reading "How Much is My Medical Malpractice Case Worth?" »

August 15, 2011

Why You Need a Lawyer After a Florida Car Crash

Dear North Miami Car Accident Lawyer Spencer Aronfeld:

I got into a car accident the other day. It was pretty serious and I was taken to the hospital. I was driving; my sister was in the passenger seat. My son was in the back seat with my niece.As a result of this accident, I had back survey and my sister had her spleen removed.


We are not the suing kind of people. The lady who hit us has Allstate, and when I got home, waiting for me was a check for $50,000.00 and some papers I was asked to sign.

I called the number on the letter and the Allstate lady told me that $50,000.00 was the most they could pay and I should just keep the money and sign the paper.
I asked her if I needed a lawyer and she told me "no."

Why do I need a lawyer if she already sent me the check?

Thanks,

Hurting Mom in Miami

Dear Hurting Mom:

Thanks for your email. Do you need a lawyer? Yes. Because insurance companies have two desires. One is to pay you as little as possible and the other is to keep you away from an experienced and skilled Florida car crash lawyer.

Insurance company adjusters are not lawyers and they are not your lawyers. They get paid by the insurance company to not pay you. That is why they are called adjusters. In your case, you may be entitled to far more money than is being offered.

I reviewed the Florida Traffic Crash Report for your accident, and it appears that the driver that hit you is not the owner of the car she was driving. In other words, this might mean that there is an additional policy out there. In fact, there may even be additional insurance policies on top of the one being "tendered" to you such as an excess or umbrella policy.

I noticed that the driver of the car that hit you, is elderly. The elderly in my experience are more likely to have and protect their assets with insurance coverage. Due to the significance of your injuries, I recommend that an asset search be performed that could tell you if they have additional property, cars or real estate.

Secondly, you have uninsured/underinsured motorist coverage. Most Florida insurance companies require that the uninsured/underinsured motorist coverage be put on notice of your claim and allow you accept the policy of the at-fault driver. This is called waiving subrogation. If you do not do this, you may have ruined your chances of obtaining more coverage. The complex rules for uninsured/under insured motorist claims can be found in Florida Statutes §627.727.

Your children may have claims for medical bills and for injuries. They should be examined and cleared by experienced pediatricians before you end up inadvertently releasing any claims they may have.

The release you showed me does not exclude claims you may have against any of the doctors who treated you for the accident. Since you had complex orthopedic surgery, a medical error may not be readily apparent. If you were to sign the release that you showed me, you may give up any claims you might have against these doctors in the future.

An investigation should also be made regarding whether the lady who hit you was driving in the course and scope of her employment. Despite being elderly, she may still be working and a commercial policy might provide you with more coverage.

Lastly, since you were in the hospital for so long, both the hospital and your health insurance may have claims attached to your settlement. For your sister, Medicaid will have a claim. These claims are called liens and require repayment before you or any lawyer can get paid from the case.

Our Pembroke Pines Car Crash lawyers strongly believe that you should never accept any offer or sign any papers without first having an experience and competent Florida injury lawyer review them.

July 13, 2011

This One if for you Doc: 5 Ways Not to Get Sued for Malpractice

I am a Florida medical malpractice lawyer and yes, I sue doctors for a living. Like the saying goes "some of my best friends are....doctors." Two of my friends have actually continued on from medical school to become incredible lawyers. For the most part, when I meet doctors, be it in line at the movies, next to me on a plane or in the court room, their skin crawls when they learn that I am a lawyer.

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So after twenty years of suing doctors and hospitals for making a wrong diagnosis, or botching a surgery, what can I tell them about how best to keep me or other medical malpractice lawyers from knocking on their doors?

1. Slow down and listen. It might be easier said than done, but most doctors see an inordinate number of patients, rushing from room to room, crisscrossing cities and hospitals. Not being in such a hurry could and should assist them in avoiding a lot of needless mistakes.

2. Admit you do not know something. I do not know if it's ego, but more good doctors make bad mistakes when a problem spirals out of their areas of expertise or comfort. I see this mistake particularly in post-op infection and wound-care cases. Someone may be a great surgeon, but maylack the skills to treat a complex infection. Call in a consult.

3. Get Technical. Utilize the latest technology in scheduling, scanning and follow ups. I am amazed how many doctors I sue who have no records of how many patients they see on a given day, how many surgeries they performed or how a patient's medications are charted.

4. Spend the Money on Your Patients. I have sued hospitals that claim to not have resources to properly staff floors or emergency rooms, but spend millions on sponsoring tennis tournaments and black-tie balls.

5. Get Malpractice Insurance. More and more Florida doctors are "going bare" with the hope that it will discourage patients from filing and collecting claims. Moreover, Florida Statute §458.320 allows doctors to practice without medical malpractice insurance provided that they have a letter of credit in the amount of $250,000 per claim.

Sadly, I acknowledge that it has had a chilling affect on the ability to represent injured patients when lawyers are concerned that they will ever be able to collect. I fear that the lack of medical malpractice insurance has actually given doctors a false sense of security that lackadaisical and negligent care will go on checked because no "lawyer will take it on" I urge all medical doctors to be insured for malpractice not to encourage claims but to satisfy an injury that can happen due to the fact that doctors are, after all, human beings like anybody else.

Continue reading "This One if for you Doc: 5 Ways Not to Get Sued for Malpractice" »

June 10, 2011

"Strax Strikes Back" by Suing NBC News for Libel in Plastic Surgery Death Case

The expression "shooting the messenger" took on new meaning when Strax Rejuvenation the high volume South Florida plastic surgery center we are suing on behalf of a number of patients and their families claiming to be victims of plastic surgery malpractice; filed its own lawsuit against NBC News and its famed reporter Williard Sheppard for libel.


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Read the lawsuit here:

WTVJ - Complaint in re. Strax litigation (00018684).PDF

Our Broward plastic and cosmetic surgery lawyers represent victims of botched procedures. One our our goals is to communicate the potential risks of plastic surgery while educating and empowering consumers to make informed decisions about the doctors and facilities they entrust their lives to. As a Florida hospital patent's rights advocate I hope that this law suit does not deter the media from reporting cases like Lidvian Zelaya's.

April 17, 2011

1 out of 3 U.S. Hospital Patients: Victim of Medical Mistakes

As a Florida hospital mistake lawyer, I was not surprised when a recent study revealed that one in three people in the United States will encounter some kind of medical mistake during hospitalization.

A new and more accurate tool for measuring hospital errors revealed 10 times more mistakes that the older methods.


"Without doubt, we've seen improvements in health care over the past decade, and even pockets of excellence, but overall progress has been agonizingly slow," said Susan Dentzer, editor-in-chief of Health Affairs, which published the study.

The most common hospital mishaps are food illnesses, bedsores, postoperative infections and persistent back pain following back surgery. Our Miami medical malpractice law firm recommends that these three types of errors receive top priority for immediate intervention and improvement.

February 7, 2011

ELECTIVE PROCEDURES SHOULD REQUIRE INDEPENDENT MEDICAL EVALUATIONS

As a South Florida medical mistake lawyer, I strongly advise any patient considering an elective procedure to undergo a thorough evaluation by a physician not involved in the potential surgery.

Since financial gains may motivate some doctors to proceed when the risks of a procedure outweigh any potential benefit there is an inherent conflict of interest when surgeons and anesthesiologists are compensated only if a procedure occurs.

Many elective procedures are performed in outpatient or ambulatory surgical centers, outside the safety and restrictions of hospitals. If you are considering an elective procedure, discuss the surgery, the type of anesthesia, and the risks and benefits with your own doctor or a Board Certified Internist. asa.jpg

The American Society of Anesthesiologist has adopted a five category physical status classification system to assess the fitness of a patient before surgery. Unless the surgery is an emergency, our Miami patient rights lawyers suggest that if there are any contra-indications or if the risks out weigh the potential benefits, or if you are a smoker, simply cancel the procedure until such time as your health improves.

January 17, 2011

How to Check Out Your Doctor in Florida

As a Florida medical malpractice lawyer, I meet with families everyday that are suffering from as a result of botched surgery or negligent care. One of the first things we do in analyzing a potential claim is to research the doctor.

Clients are amazed that within seconds, we are able to tell them that about the doctor's background, education and claims history. Most of this information is easily found on the Florida Department of Health's website, but few patients, if any, take the time to do research until it is too late.

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We strongly recommend anyone who is selecting a doctor to take a few minutes and research the physician. You need to know the following:

1. Is the doctor licensed?
2. Where did the doctor attend medical school?
3. Is the doctor Board Certified by an AMA accredited organization for the procedure?
4. Does the doctor have hospital staff privileges?
5. Has the doctor been sanctioned?
6. Does the doctor have medical malpractice insurance?.
7. Has the doctor been disciplined?
8. Has the doctor been subject to a public complaint?

While there are no guarantees in medicine, our Miami malpractice lawyers believe you can certainly improve your chances of a positive outcome by taking the time to research your doctor.

January 14, 2011

Florida's Medical Mishaps

Our Florida plastic surgery lawyers have been retained to investigate the unexpected death of 35 year old Lidvian Zelaya during liposuction and fat re-injection procedure at Strax Rejuvenation in Lauderhill, Florida.

Zelaya

The investigation of any medical malpractice case generally starts with medical records. Unfortunately, the records usually only provide a small window to the truth of what happened. The injustice of Florida's Medical Malpractice Statute Section 766, requires that before any formal discovery can even begin, the victim's attorney must obtain the opinion of an expert willing to testify that the potential defendant doctor or hospital committed an error that caused the damage or death.

This first step is obviously very difficult and expensive. Usually thousands of dollars are spent in obtaining records and expert opinions. If the experts are unable to render an opinion based upon the records (which have often been reviewed and altered by the potential defendants and their lawyers) then the investigation stops in its tracks.

Doctors and hospitals enjoy this unique barrier to the truth finding. If clients suspect their lawyers mishandle their cases, they simply can file a law suit and start taking sworn depositions. But should patients feel that their health care provider committed an error, they are forced to spend thousands of dollars and hours to get basic information that is available to any other litigant in any other type of case.

As a Miami medical malpractice lawyer, I am disgusted at the protection afforded the medical community at the expense of its patients.

January 3, 2011

PEOPLE SHOULD NOT DIE HAVING PLASTIC SURGERY

Our Miami plastic surgery lawyers are presently investigating the death of 35-year old Lidvian Zelaya who died as a result of having liposuction and fat reimplementation procedures at the Strax Rejuvenation Center in Lauderhill, Florida.

 

We believe that people who undergo elective cosmetic surgery should not die and are diligently investigating this case on behalf of Ms. Zelaya's family.

December 4, 2010

Laser Hair Removal Injuries in Florida

Our Florida laser hair injury lawyers are concerned about the growing number of both men and women who are burned during laser hair removal procedures.

People under estimate the risks of the procedure and are looking for deals on the Internet and in shopping malls.


Florida's Department of Health's guidelines are very specific as to who can perform laser and light-based hair removal. Technicians have to complete a 30-hour approved course and be certified by the Society of Clinical and Medical Hair Removal. Techs can only use devices for which they have received training and are under the direct supervision of a doctor who is also trained and licensed in hair removal pursuant to Florida Statute §458. In addition, the supervising physician and the electrologist must provide written protocols to the State before opening for business which include maintaining at least $100,000 in liability coverage. For the complete rules click HERE.

As a Florida laser injury lawyer I advise that if you have been burned or injured by laser hair removal seek immediate medical attention by a competent wound care specialist or go to your nearest emergency room.