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Author: mslaw

23 July
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5 Facts About Birth Injury Lawsuit Evidence

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence, Wrongful Death
Birth Injury Lawsuit Evidence

Having a newborn with a birth injury due to medical malpractice negligence is utterly devastating. So is being a mother who is the victim of birth injury medical malpractice negligence. When these heartbreaking scenarios occur, seeking legal help is often a priority for individuals and families. And evidence is the engine that drives the train to justice and fair financial compensation. Here are five facts about birth injury lawsuit evidence: 1. A case must be provable. In order for any legal case to be successfully settled, harm caused by a breach of duty of care must be proven via hard evidence. Hearsay...

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11 July
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Uninsured Doctor Liability In A Medical Malpractice Case

Posted by mslaw
in Insurance Claims, Medical Malpractice, Medical Negligence, Negligence
Uninsured Doctor Liability

Throughout the medical field in Florida, an array of different physicians — including those in general medicine, cosmetic surgery, and even obstetrics — carry no liability insurance. The fact that they do not carry this insurance must be made known to patients, though it may simply be displayed in writing in their medical-office waiting areas. Unfortunately, when done in this manner, the letter, notice, or flyer that is posted may go unnoticed by patients. When patients of uninsured doctors are victims of medical malpractice negligence, it can be devastating at an even higher level due to costs and legalities. Private practice...

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30 June
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Liability Involving Hospital-Affiliated Physicians

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence, Wrongful Death
Hospital-Affiliated Physicians

When patients are injured or die due to medical malpractice negligence in a hospital, physicians are often involved. And while many individuals do not realize it, the physicians who treat them during an emergency room visit or hospital stay may not, in fact, be hospital employees. This creates varied legal scenarios when things go wrong. In reality, liability involving hospital-affiliated physicians has some gray areas and requires experienced attorneys to navigate efficiently and effectively for the benefit of those who have been harmed. Hospital Employee or Independent Contractor? To begin with, there are general differences in the liability associated with hospital employees...

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

Posted by mslaw
in Birth Injury, Insurance Claims, Medical Malpractice, Medical Negligence
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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09 June
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Five Potential Causes of Physician Group Medical Malpractice

Posted by mslaw
in Medical Malpractice, Medical Negligence
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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27 May
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Midwife Pre-Term Birth Medical Malpractice

Posted by mslaw
in Medical Malpractice, Medical Negligence
Midwife

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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20 May
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Medical Equipment Malpractice Negligence Part II

Posted by mslaw
in Medical Malpractice, Medical Negligence
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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11 May
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Medical Equipment Malpractice Negligence Part I

Posted by mslaw
in Medical Malpractice, Medical Negligence
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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29 April
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5 Causes of Vaccine Related Medical Injuries

Posted by mslaw
in Medical Malpractice, Medical Negligence
Vaccine

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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24 April
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Rh Negative Blood Birth Injury

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence
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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