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Medical Malpractice

Legal Help For Victims Of Birth Injuries: A Step-By-Step Checklist

Legal Help For Birth Injury

Your child has a birth injury. You’re in shock. You need legal help, direction, and resources. Here’s how to start: 1. Remember to practice self care. You can best help your child and your family if you’re eating, sleeping, and staying hydrated. That way you can stay focused, find valuable information, and make beneficial choices. 2. Research information about lawyers who specialize in birth injuries, or if possible, who specialize in the particular type of birth injury your child has sustained. This can include cerebral palsy, Erb’s palsy, hypoxia, asphyxia, organ failure, brain damage, C-section injuries, infections, and more. See types of birth injuries here. 3. Schedule a consultation to...

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Cerebral Palsy: Common Birth Injuries With Multiple Causes

Cerebral Palsy Lawyer

Learning that your newborn baby has a birth injury is devastating in itself. But what if you’re faced with a diagnosis from a multi-faceted group of birth injuries compounded by a maze of possible causes? Such is the case with Cerebral Palsy, which is often mistaken for one type of palsy induced by brain damage. Cerebral Palsy is, in fact, a group of disorders that may be caused by either a brain injury or abnormal brain development. And while abnormal brain development may occur before or after delivery, brain injuries can occur before, during, or after delivery. Further complicating cases involving Cerebral...

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From Prevention To Palsy: How Most Birth Injuries Occur

Birth Injuries

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,...

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Military Medical Malpractice Legislation Gives Active Duty Victims Hope

Medical Malpractice

By Y. Peter Kang Law360 (May 17, 2019, 8:05 PM EDT) -- A recently floated Military Medical Malpractice bill that would allow active-duty military members to sue the federal government for medical malpractice is an encouraging first step in providing justice for victims who are barred from filing such cases because of a 70-year-old U.S. Supreme Court precedent, experts said. Led by U.S. Rep. Jackie Speier, D-Calif., House lawmakers introduced bipartisan legislation on April 30 that would carve out a medical malpractice exception under the Federal Tort Claims Act, which specifically bars military members' claims for injuries or deaths "incident to” their service. The bill’s co-sponsors...

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

Brain Damage

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...

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

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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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Dangerous Doctors: Malpractice lawsuits rarely lead to discipline

Attorney Richard Bo Sharp discusses malpractice lawsuits

Original Source: By STEPHEN HOBBS, SUN SENTINEL, NOV 19, 2017 | 4:30 PM Dr. Pachavit Kasemsap faced payouts of nearly $3 million in five medical malpractice lawsuits over five years. Patients accused him of slicing an aorta while trying to remove a gallbladder, cutting an artery to a liver, and connecting a woman’s rectum to her vagina. Florida lawmakers have long recognized that medical malpractice lawsuits are a warning sign for dangerous doctors. But state health officials never took action against Kasemsap. The state Department of Health is required to review every malpractice lawsuit filed against Florida doctors to identify and punish problem doctors....

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Fla. Justices’ Medical Malpractice Cap Ruling May Mobilize Lawmakers

Judgement Award

By Y. Peter Kang Law360, Los Angeles (June 9, 2017, 9:29 PM EDT) -- The Florida Supreme Court's recent split ruling that a 2003 state law capping noneconomic damages in medical malpractice cases is unconstitutional was a major decision which experts said was a big win for patients but may not be the end of Florida lawmakers' efforts to enact tort reform bills. In a 4-3 decision, the state's highest court found that the law capping noneconomic damages at $500,000, or $1 million in the most egregious cases, violates the equal protection clause of the Florida Constitution because it arbitrarily reduces damage awards...

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How To Help Your Med Mal Verdict Survive on Appeal

Surgical Malpractice

By Y. Peter Kang Law360, Los Angeles (May 16, 2017, 9:28 PM EDT) -- Attorneys for med mal plaintiffs who win a jury or bench verdict can steel themselves for a likely appeal by being acutely aware of disputes over evidence and jury instructions and laying the groundwork before, during and after the trial to ward off those challenges. There are two schools of thought on how to deal with the potential for appeals amid a trial, according to Patrick Salvi Jr. of Salvi Schostok & Pritchard PC in Chicago. He said some attorneys will say win the trial first and worry about the...

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Miami doctor’s call to broker during baby’s delivery leads to $33.8 million judgment

Dixon

Original Source: Miami Herald, By Daniel Chang, UPDATED MAY 02, 2017 08:08 PM Marla Dixon was in the final stage of labor and ready to deliver a baby boy when the obstetrician arrived at her bedside at North Shore Medical Center in Miami. It was not a high-risk pregnancy. But over the next 90 minutes, the doctor made a series of missteps that led to a tragic outcome for Dixon and her baby — and a $33.8 million judgment, according to a federal lawsuit. The doctor ordered nurses to restart a drug to strengthen contractions, failed to perform a Cesarean section — and...

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