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Author: mslaw

07 September
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Telemedicine: 5 Causes of Medical Malpractice Negligence via Telemedicine

Posted by mslaw
in Medical Malpractice, Medical Negligence, Negligence, Telemedicine
Telemedicine

Whether via phone or computer, telemedicine offers both convenience and the opportunity for improved health. Unfortunately, when it goes wrong, it can also veer into the realm of Florida medical malpractice negligence. There are a number of ways in which medical malpractice negligence can occur during a telemedicine visit. They include: 1. A medical professional practicing outside of his or her licensed profession. 2. A medical professional practicing outside of his or her legally allowed designated practice location (out-of-boundary treatment). 3. Misdiagnosis and/or delayed diagnosis. 4. Incorrect prescribing (including failure to confirm medication allergies or reactions). 5. Patient medical record mix-ups. Areas with higher population numbers...

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30 August
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The Many Faces of Medical Malpractice Negligence in Florida

Posted by mslaw
in Medical Malpractice, Medical Negligence, Negligence, Nursing Home Abuse, Wrongful Death
medical malpractice negligence

Medical malpractice negligence can involve a variety of different individuals and entities in a myriad of scenarios. Regardless of who was involved in the occurrence and the type of situation, medical malpractice negligence in Florida is defined as being based on provider or entity actions that represent a breach of the prevailing medical standard of care as defined by Florida law.1 Some of the individuals who may be involved include: Doctors Nurses Physician assistants Medical staff Specialists Lab technicians Dentists Dental assistants Dental hygienists Entities that may be involved in negligence include: Hospitals Medical offices Medical care facilities Dental offices Military medical facilities Nursing homes Outpatient facilities and centers Medical laboratories Imaging centers Medical malpractice negligence can occur at any...

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24 August
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Mallard & Sharp Win $33.8 Million Dollar Medical Malpractice Verdict

Posted by mslaw
in Awards, Honors & Accolades, Birth Injury, Current Investigations, M&S In The News, Medical Malpractice, Medical Negligence, Negligence
Birth Injury Lawyer

Mallard & Sharp, P.A. were counsel for a $33.8 Million dollar medical malpractice verdict that was the Largest Medical Malpractice Verdict in the State of Florida in 2017 in the case of MARLA DIXON, EARL REESE-THORNTON, and ER v. The United States of America, of E.R., a minor, Case No.: 1:15-cv- 23502. The case involved a doctor who lied and changed medical records after he failed to perform an emergency C-section to deliver plaintiff E.R. when the doctor was on his cell phone with his stock broker. THE CASE WAS TURNED DOWN BY OTHER ATTORNEYS before Mallard & Sharp, P.A. became involved. RICHARD SHARP AND FOUNDING FIRM...

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17 August
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Twins And Birth Injuries: Is It Medical Malpractice Or Negligence?

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death
twins and birth injuries

By their general nature, births involving twins or other multiples in pregnancy run a higher risk of experiencing birth defects, with one twin often more affected than the other.1 In addition, certain conditions, such as hypoxic-ischemic encephalopathy (HIE), a serious, life-threatening form of brain damage that can occur during childbirth, have the potential to be more common among twin births. Further, a rare condition in which twins share the placenta and one twin receives more blood flow than the other, known as twin-to-twin transfusion syndrome (TTTS), can occur, and often presents with devastating consequences.2 But what about when such risk is compounded...

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03 August
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Florida Medical Malpractice Negligence Law Update

Posted by mslaw
in Medical Malpractice, Medical Negligence, Negligence, Wrongful Death
florida medical malpractice negligence

Earlier this year, the Florida House of Representatives passed HB 651 (Recovery of Damages in Claims for Medical Malpractice Negligence) in a 99-16 vote.1 The bill, which was introduced in an effort to allow parents of deceased adult children who had no children of their own to recover damages for mental pain and suffering in medical negligence lawsuits, affects Florida statutes 768.21(8). Florida statutes 768.21(8) currently disallows recovery of such damages. No other state in the nation does the same. One viewpoint on the matter reflects that blocking the public's ability to sue for damages for mental pain and suffering in...

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27 July
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Hypoxic Ischemic Encephalopathy Brain Injury During Birth: Proving Medical Malpractice & Negligence

Posted by mslaw
in Birth Injury, Current Investigations, Medical Malpractice, Medical Negligence, Negligence
Brain Injury During Birth

Traumatic Brain Injury During Birth in infants is a heartbreaking and all-too-common experience for many new parents. There are an array of causes, including Cerebral Palsy, hypoxic ischemic encephalopathy, brachial plexus palsy (Erb’s palsy), and others, which can be the result of breech-birth complications, C-section injuries, or medical malpractice negligence—or a combination of these and other factors. Traumatic brain injuries (TBIs) in particular have been reported as the leading cause of death and disability in children, with instrumental delivery being noted as a major cause.1  Hypoxic ischemic encephalopathy (HIE) is a type of brain damage caused by oxygen deprivation and limited...

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20 July
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Florida Pool Injuries & Drowning Accidents

Posted by mslaw
in Negligence, Slip And Fall Accidents, Wrongful Death
drowning accidents

Experiencing pool injuries or drowning accidents - particularly when it results in permanent disability or death—creates extensive trauma for individuals, families, and loved ones. In most such instances in which negligence is a provable factor, and in which medical and specialty needs will be ongoing for the injured individual, securing just compensation is essential. Pool injuries due to improper or negligent maintenance issues such as broken handrails, chipped tiles, and faulty jets or drains can result in broken bones, head injuries, and severe lacerations. Any of these may result in drowning. From walking-area surface changes to standing water­, slip-and-fall pool accidents...

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11 July
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Covid-19 Commercial Litigation: New Facets & Functions

Posted by mslaw
in Commercial Litigation, Covid-19
covid-19 commercial litigation

From business interruptions to breached contracts, the legal effects of COVID-19 commercial litigation have thrown the legal industry for a loop. A big, resounding one. Like the ripples of a stone thrown into a pond, those effects extend not only from one end of the U.S. to the other, but also internationally. This can create additional legal costs and new challenges. Not to mention the newly established legal scenarios involving privacy and other law-related aspects as they relate to COVID-19 commercial litigation that lawyers and legal teams are facing every day. Added to all of this is the fact that many...

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01 July
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Ten Causes of Anesthesia Errors Medical Malpractice Negligence

Posted by mslaw
in Medical Malpractice, Medical Negligence, Negligence, Wrongful Death
Anesthesia Errors

Among the various types of medication errors in medical malpractice negligence cases are those involving anesthesia errors. Unfortunately, while such errors are not common, they still occur. And the effects can be devastating, resulting in serious permanent injury or even death. According to a study published in the Southern Medical Journal, between 2007 and 2014 a total of 17,116 anesthetic errors and 131 associated deaths were reported in the United States alone.1 The physical, mental, emotional, and financial hardships created for patients and their loved ones due to anesthesia-related medical malpractice negligence can be substantial. They can create the need for...

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22 June
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10 Types of Medication Errors: Is it Medical Malpractice Negligence?

Posted by mslaw
in Medical Malpractice, Medical Negligence, Negligence, Wrongful Death
Medication Errors

Medication Errors resulting in physical, mental, and/or emotional harm or death are far too common. In fact, over 100,000 reports are made to the U.S. Food and Drug Administration (FDA) each year associated with a suspected medication error.1 Such errors can create not only physical and mental devastation, but also substantial situational and financial hardships for patients and loved ones. The National Coordinating Council for Medication Error Reporting and Prevention defines a medication error as "any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care...

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