01 November

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Wrongful Death In Florida: What You Need To Know From A Legal Perspective

Posted by mslaw

in Auto Accidents, Birth Injury, Medical Malpractice, Medical Negligence, Negligence, Negligent Security, Nursing Home Abuse, Product Liability Claims, Trucking Accidents, Wrongful Death

Among the civil lawsuits able to be brought to court in Florida are those involving wrongful deaths. Per Florida statutes section 768.19, when a death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another person, including those occurring on navigable waters, it is considered a wrongful death.1 Overall, there are three main aspects to keep in mind with regard to Florida wrongful death claims: 1) only certain parties may bring a wrongful death claim in Florida; 2) there are specifics on damages; and 3) there are time limits for filing a claim. What Parties...

25 October

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Hospital Medical Malpractice Negligence And Legal Liability

Posted by mslaw

in Birth Injury, Insurance Claims, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death

Hospital Medical malpractice negligence is generally synonymous with the thought of wrongdoing on behalf of a doctor or other medical professional. In actuality, however, there are numerous points of potential liability to consider in hospital medical malpractice negligence cases. Medical care can go awry at any point from admission forward in a hospital. In fact, a hospital may be liable in more situations than you realize. These can include scenarios involving not only doctors, but employees. And in a number of cases, the doctors are not the employees. Doctors: Employees or Independent Contractors?When hospital doctors who are employees provide improper treatment...

01 October

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Birth Injuries: Securing Compensation For Long-Term Care

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Negligence

Birth injuries are devastating and heartbreaking, no matter what type. They may be the result of brain damage, asphyxia, hypoxia, organ failure, infection, cerebral palsy, Erb’s palsy, C-sections, or other events. Those that cause permanent injury to a child, a mother, or both create the most serious scenarios with regard to costs and other considerations involving both current and future care. Needs may include: Medical testingHealth monitoringPhysician costsSpecialist costsLong-term caretakersMental health careCustom prostheticsMobility devices (wheelchairs)Specialty educationVehicle modificationHome modificationFurniture modificationTransportation costsSecurityInability to work Given the extent of potentially lifelong needs in birth injury negligence cases, it is crucial to obtain compensation commensurate to...

14 September

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Birth Injury Claims: Legal Questions And Answers

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

The shock and heartbreak of learning that your baby has a birth injury parallels with having a wide variety of questions regarding the cause, future care, and costs. These generally correlate with contacting a birth injury lawyer to discuss legal liability regarding your baby’s injury. The following are common questions regarding birth injury claims: What Is One Of The First Things I Should Do If I Learn My Child Has A Birth Injury?In addition to practicing self care by eating nutritious meals, staying hydrated, and getting enough sleep, it is beneficial to confirm the type of birth injury your child has...

07 September

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Black newborn babies more likely to die when looked after by White doctors

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Wrongful Death

(CNN) Black newborn babies in the United States are more likely to survive childbirth if they are cared for by Black doctors, but three times more likely than White Babies to die when looked after by White doctors, a study has found. The mortality rate of Black newborn babies in hospital shrunk by between 39% and 58% when Black physicians took charge of the birth, according to the research, which laid bare how shocking racial disparities in human health can affect even the first hours of a person's life. By contrast, the mortality rate for White babies was largely unaffected...

16 August

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From Prevention To Palsy: How Most Birth Injuries Occur

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

Learning that your newborn baby has birth injuries is a horrific experience. You have questions. And you want answers—along with help, direction, resources…and justice. Not to mention fair compensation for your birth injury negligence settlement so that you can pay for care and services for your child. This is especially important when your child’s care requirements will be ongoing. There are a number of causes of birth injuries, the great majority of which are related to medical negligence. These include errors on the behalf of doctors, surgeons, medical staff, nurses, and hospitals. In cases of birth injuries resulting in palsy, for example,...

01 August

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Legal Help For C-Section Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence

C-Section Birth Injuries are unfortunately a common occurrence. Cesarean section (also called C-section) births are often performed with the intent to avoid injury to both mother and child. Common reasons for performing them include fetal distress, a mother’s high blood pressure, breech position of a baby, and the need to deliver multiple babies. Unfortunately, C-sections themselves sometimes result in birth injuries. Such injuries can include fetal lacerations (which can additionally result in Erb’s Palsy, fractures, and cervical cord injuries, among other things), anesthesia injuries, maternal surgical injuries, infections, blood clots, hemorrhages, and even death.1,2 Further, delays in performing C-sections can not only...

07 March

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Mallard & Sharp Achieve Highest Medical Malpractice Verdict in Miami Dade

Posted by mslaw

in Awards, Honors & Accolades, Birth Injury, M&S In The News, Medical Malpractice, Medical Negligence

Mallard & Sharp, P.A. is proud to announce their achievement of obtaining the Highest Medical Malpractice Verdict of the Top 100 Verdicts of 2017, and the 9th largest verdict for the entire state in 2017. Under the professional direction of founding member Richard “Bo” Sharp, Esq. and co-counsel Vidian Mallard, the firm successfully attained the highest medical malpractice verdict in Miami Dade in the amount of $33,153,912.00 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 (case type Birth Injury, Medical Malpractice, Personal Injury, Professional Negligence, and...

02 May

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Feds Pay $1.25 Million To End Baby Brain Damage And Death Suit

Posted by mslaw

in Birth Injury, M&S In The News, Medical Malpractice, Medical Negligence

By Y. Peter Kang Law360 (May 2, 2019, 8:09 PM EDT) -- A Florida federal judge has approved a $1.25 million settlement to resolve a suit accusing a federally funded health clinic of negligently causing a newborn's brain damage, which ultimately resulted in his death 14 months later. U.S. District Judge Marcia G. Cooke signed off on the deal to end a Federal Tort Claims Act suit accusing Dr. Carlos A. Rodriguez, an employee of Citrus Health Network Inc., of failing to timely perform an emergency Cesarean section on patient Dayami Hernandez, which caused her son to suffer permanent and severe brain...

17 August

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Feds Can’t Recoup From $33M Award If Child Dies: 11th Circuit

Posted by mslaw

in Birth Injury, M&S In The News, Medical Malpractice, Medical Negligence

By Y. Peter Kang Law360 (August 17, 2018, 10:01 PM EDT) -- The Eleventh Circuit on Friday largely affirmed a trial judge’s post-verdict decisions in a suit accusing a federally funded health clinic doctor of causing a newborn’s brain damage, saying the federal government can’t recover portions of a $33 million award verdict if the child dies earlier than expected. In a published opinion, a three-judge Eleventh Circuit panel unanimously affirmed the trial judge’s decision rejecting the federal government’s bid to implement a reversionary trust that would allow it to recoup potentially millions of dollars earmarked for the future medical costs and...

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