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Author: mslaw

10 October
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Product Liability: Is More Than One Party Liable?

Posted by mslaw
in Auto Accidents, Boating Accidents, Insurance Claims, Product Liability Claims, Wrongful Death
product liability

Product liability includes current product recalls and involve a variety of items including bicycles, baby loungers, propane heaters, and ATVs (all-terrain vehicles).1 Every year there are numerous product recalls, many of which are the result of injuries or deaths that involve product liability. In 2020 alone hundreds of recalls were issued on items, according to the U.S. Consumer Product Safety Commission. Product liability that occurs as a result of injuries and/or deaths due to the use of defective items is often met with legal recourse. Liability claims may involve more than one liable party and more than one insurance claim. When multiple...

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28 September
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Trucking Accidents: 20 Accidental & Negligent Causes

Posted by mslaw
in Auto Accidents, Insurance Claims, Negligence, Trucking Accidents, Wrongful Death
trucking accidents

According to the Federal Motor Carrier Safety Administration, there are thousands of fatalities, serious injuries, and property damage cases annually due to trucking accidents.1 Victims and their loved ones face devastating physical, emotional, and financial challenges as a result of such accidents. From treatment to rehabilitation, and from claims to compensation, there are many aspects that require attention post-accident. This can be particularly strenuous when one or more parties are at fault. Hiring legal counsel after a trucking accident is common and can be highly beneficial in a number of ways. These include the fact that many legal considerations associated with...

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20 September
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Medication And Malpractice-Related Birth Injuries

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death
malpractice-related birth injuries

Among the various types of medical malpractice-related birth injuries are those involving medications. Such birth injuries can result from overmedication, improper medication, or even a lack of medicating, and can occur at any stage from the onset of pregnancy to the postpartum "after-the-birth" phase. Mother, child, or both may be affected. For example, if a drug is prescribed for a pregnant woman and she has a known but overlooked contraindication to its use that results in harm to her and/or her unborn child or children, the result may be one or more medical malpractice-related birth injuries. In cases involving multiple births, the...

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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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