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Medical Malpractice

09 June
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Fla. Justices’ Medical Malpractice Cap Ruling May Mobilize Lawmakers

Posted by mslaw
in M&S In The News, Medical Malpractice, Medical Negligence
Judgement Award Settlement for Personal Injury Settlements

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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16 May
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How To Help Your Med Mal Verdict Survive an Appeal

Posted by mslaw
in M&S In The News, Medical Malpractice, Medical Negligence
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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03 May
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Miami doctor’s call to broker during baby’s delivery leads to $33.8 million judgment

Posted by mslaw
in Birth Injury, M&S In The News, Medical Malpractice, Medical Negligence, Negligence, Videos
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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25 April
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Mallard & Sharp successfully represent family of infant disabled during delivery

Posted by mslaw
in Birth Injury, M&S In The News, Medical Malpractice, Medical Negligence
Judgement Award Settlement for Personal Injury Settlements

Mallard & Sharp, P.A. celebrated a bittersweet victory this week, receiving a $33.8 million verdict on behalf of a brain damaged baby. MIAMI (April 24, 2017) – Medical malpractice attorneys for the law firm of Mallard & Sharp, P.A.  celebrated a bittersweet victory this week, receiving a $33.8 million verdict on behalf of a brain damaged baby.  The Court held that the catastrophic brain injury was caused by Dr. Ata Atogho’s failure to order an emergency C-section and the continued administration of the contraindicated delivery drug Pitocin.  The Court also found that Dr. Atogho’s failure to offer and perform a C-section...

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21 April
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Miami Gardens family wins $33.8 million medical malpractice award against federal government

Posted by mslaw
in Birth Injury, M&S In The News, Medical Malpractice, Medical Negligence
Health Center

Community health center patient gets damages for son's brain damage during birth Original Source: By Andrea Torres - Digital Reporter/Producer WPLG Local10.com Posted: 1:51 PM, April 20, 2017 MIAMI - The federal government will have to pay a Miami Gardens family a $33.8 million medical malpractice award in a medical malpractice lawsuit after a judge ruled on Monday that a federally employed doctor's decisions caused a teen's baby boy to suffer irreversible brain damage. U.S. District Judge Robert N. Scola awarded the baby's mother, Marla Dixon, $3.3 million, and the father, Earl Reese-Thornton, $1.1 million for their pain and suffering. Scola awarded $21.7 million for the boy's economic damages...

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17 April
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Federal Gov Hit With $34 Million Verdict In Brain Damage Birth Injury Case

Posted by mslaw
in Birth Injury, M&S In The News, Medical Malpractice, Medical Negligence
Birth Injuries

By Y. Peter Kang Law360, Los Angeles (April 17, 2017, 10:17 PM EDT) -- A Florida federal judge on Monday put the federal government on the hook for $33.8 million after ruling that a doctor at a federally funded health clinic failed to order a cesarean section delivery, leading to a newborn’s irreversible brain damage birth injury. Following a four-day bench trial in March, U.S. District Judge Robert N. Scola Jr. found that Dr. Ata Atogho, an employee of the Jesse Trice Community Health Center, negligently performed a vaginal delivery of Marla Dixon’s and Earl Reese-Thornton Sr.’s son, Earl Jr., despite repeated...

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