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. 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...

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. 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...

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...

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 ยง458. 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...

Florida’s Law Protect Doctors Who Hide Their Medical Mistakes

As a Florida medical mistake lawyer, I have seen a lot of cases where doctors and hospitals have committed errors. It is said, “to err is human” and I agree. However, what is unforgivable and inhumane is when Florida health care providers purposely conceal their mistakes causing further injury to the patient physically and potentially destroying any legal remedies the patient may have had in the process. Florida Statutes Section 95.11 govern the limitation of time that injured patients can initiate claims against health care providers. It dictates, in the most complex language, that essentially injured patients have two years from the date of the alleged injury to initiate a claim. If, however, the injury is intentionally concealed by the doctor, the dead line extends an additional two years from when the injury is discovered–limited to no more than seven years from the date of the mistake. This means, Florida doctors can escape liability from malpractice if somehow they can hide their mistake from the patient for seven years. Astonishing. To literally add insult to injury, where would one hope to find this bizarre and unjust rule? Certainly not in the medical malpractice section of the Florida Statutes, but rather tucked neatly between statutes of limitations for bond enforcements and prisoner’s rights. Our Miami medical malpractice lawyers always recommend that those suspecting a doctor or hospital has committed an error to seek both immediate medical and legal...

Safety Tip for Florida Patients

As a Miami injured patient attorney, I have seen the effect that Florida’s laws have on the rights of victims of medical malpractice and their families. Finally a judge in Escambia County got it right in a case where a cardiac patient in need of a catheterization consented to a procedure to be performed by his doctor. The problem was, another doctor performed the procedure, without obtaining a consent. The ruling is a huge victory for this patient and for many others affected by Florida Medical Consent Law. The Court found that the complete absence of a consent to a procedure does not fall under Florida’s doctor friendly Medical Malpractice law, but, rather is a battery thereby, eliminating the requirement of expert affidavits and opinions. The Court further ruled that the hospital is also on the hook for the doctor who preforms a procedure without a consent. This is a startling good ruling for patients who are often denied the “deep pockets” of hospitals who evade liability for their doctors claiming that they are independent contractors, even when the hospital gives the doctor staff privileges. I applaud the opinion and urge anyone considering under going a medical procedure in Florida to carefully read the consent forms. If you have undergoing a procedure without having given consent, you may be a victim of not only medical malpractice, but battery as well. Florida’s Medical Consent Law basically prohibits any claim against a health care provider for failure to obtain an informed consent when a patient “would reasonably, under all the surrounding circumstances, have undergone such treatment or procedure”...
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