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Author: mslaw

Is A Health Insurance Company Liable In A Medical Malpractice Lawsuit?

Health Insurance Company

It is a relatively common scenario: An individual’s health insurance company has changed, whether by personal choice, due to an employer making changes, as a result of job loss, or even due to an insurance company buyout or bankruptcy. The person is given — or chooses — a new insurance company, which in turn chooses a new primary doctor for the individual if he or she does not choose one. But what happens in the event a new primary doctor chosen by an insurance company misdiagnoses or improperly treats an individual, resulting in serious injury or death to that individual? Is...

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Five Potential Causes of Physician Group Medical Malpractice

Physician Group

A variety of scenarios exist in a doctor’s office with the potential to lead to medical malpractice. And while such situations can occur in any medical setting — and there may be benefits to having more than one physician know an individual’s medical history and status — physician groups may carry additional risk due to a combination of typical time constraints and a “merry-go-round” approach. Here are five potential causes of physician group medical malpractice, which may be likelier to occur in physician groups due to multiple physicians being involved with each patient: 1. Simple Misspellings or Numerical Errors Although such errors can...

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Midwife Pre-Term Birth Medical Malpractice


Over the past several years, Florida has been under intense scrutiny with regard to midwifery. As reported in a previous article, a mid-August 2019 Herald-Tribune article based on the results of an investigation carried out with GateHouse Media revealed that out-of-hospital deliveries in the state were twice as likely to result in infant injury or death when compared to hospital deliveries.1  The article further detailed the tragic reality that at minimum six infants and one mother had died since October of 2018 in Florida during planned out-of-hospital births utilizing midwives. Other infants and mothers suffered serious injuries due to the same or...

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Medical Equipment Malpractice Negligence Part II

medical equipment malpractice

In addition to medical equipment malpractice negligence that occurs involving the mechanical and structural aspects of development and function is that caused by human error. Doctors, specialists, technicians, maintenance workers, and even cleaning crew individuals may be liable in cases of medical equipment malpractice. Potential scenarios include improper machine use, lack of maintenance, deficient technician training, and misinterpretation of results. Patient identity errors and errors regarding test types can also lead to misuse of medical equipment, as can entering improper settings on machines that dispense intravenous medication, regulate breathing, or perform other pertinent medically related functions. Such errors can result in...

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Medical Equipment Malpractice Negligence Part I

Medical Equipment

Medical malpractice negligence can involve a number of different individuals, including doctors, physician assistants, specialists, nurses, midwives, and medical technicians. And while in many instances the liability lies with more than one medical professional at the same time, there is another arena for consideration: medical equipment used for testing. From development to maintenance, and from use to interpretation of test results, a sea of potential errors due to medical equipment malpractice negligence involving liable parties exists. In addition to operator error and misread or misinterpreted results are medical equipment errors. Broken or malfunctioning parts, electrical issues, power failures, software problems, and...

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5 Causes of Vaccine Related Medical Injuries


When developed and administered properly and safely, vaccines and injectable medications can be useful tools and beneficial adjuncts in the quest for better health. Lack of proper development or use, however, can result in situations ranging from mild side effects to devastating ones, including death. All age groups can be affected. Listed here are five potential causes of vaccine related medical injury: 1. Administering The Wrong Vaccine Improperly labeled vaccines, patient record mix-ups, and lack of practitioner, nurse, or pharmacist focus can result in administration of a vaccine other than what was prescribed. An example is the administration of insulin to an...

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Rh Negative Blood Birth Injury

Rh Negative RH Factor

Blood types matter, particularly during pregnancy and childbirth. The Rh factor — a protein attached to red blood cells genetically — may or may not be present in a mother’s (or surrogate’s) blood. When the Rh factor is present, blood is referred to as Rh positive; when it is not, blood is referred to as Rh negative. Special considerations are needed in the case of Rh negative mothers or surrogates in order to avoid Rh negative blood birth injuries in infants as well as mothers and surrogates. Knowing a mother’s or surrogate’s blood type is the first step. If a mother...

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10 Arenas For Potential Medical Malpractice Negligence

Medical Malpractice Negligence

Medical malpractice negligence can occur anywhere from the starting point of professional medical assessment to the point of cure, improvement, or repair in situations involving illness, injury, or births. Individuals and entities alike may be involved in such occurrences. There are many potential scenarios in which malpractice or negligence can arise, the majority of which involve one or more of the ten listed below. In Florida, the law defines medical malpractice negligence specifically with relation to a breach of the prevailing medical standard of care.1 Breaches can occur in multiples and involve several parties at once. Here are 10 case arenas that have...

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Preeclampsia Medical Malpractice Birth Injuries

Preeclampsia Medical Malpractice Birth Injuries

High blood pressure (called hypertension) is always a serious medical concern—particularly during pregnancy. It can lead to preeclampsia, a maternal condition that can affect nearly every organ in the body and even potentially lead to preterm birth.1,2 In severe cases it can also result in the death of the mother, baby, or both. In some instances injury or death in such cases may be due to preeclampsia medical malpractice birth injuries. According to the American College of Obstetricians and Gynecologists, preeclampsia occurs in approximately 1 in every 25 pregnancies in the nation.1 Hypertension that occurs after 20 weeks of pregnancy or...

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Cord Discord: Umbilical Cord Medical Malpractice Birth Injury

umbilical cord

Umbilical cord issues during pregnancy and delivery are not uncommon. In fact, it is estimated that between 20 to 30 percent of all babies have one or more “loops” of umbilical cord wrapped around their necks or another body part in utero or at birth (called a nuchal cord).1  While the thought of it may be unnerving, an article in the American Journal of Obstetrics & Gynecology reports that a majority of the time nuchal cords don’t cause serious complications.2 However, in some cases umbilical cord problems are the result of medical malpractice negligence resulting in serious injury to an infant,...

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