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 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...

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

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...

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

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...

03 August

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Florida Medical Malpractice Negligence Law Update

Posted by mslaw

in Medical Malpractice, Medical Negligence, Negligence, Wrongful Death

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...

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

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...

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

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...

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 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...

10 June

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Epidural Birth Injuries

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Negligence

There are many stages during pregnancy and childbirth during which birth injuries can occur, including Epidural Birth Injuries. Among them are those associated with pain relief during labor and delivery, including the administration of an epidural. An intricate process requiring the skills of an experienced licensed anesthesiologist or other licensed and approved specialist, the placement of an epidural involves administering an anesthetic in the small epidural space within the spine. An error in the placement of an epidural needle or a mistake by a student intern during the process, for example, may lead to permanent epidural birth injuries for the...

21 May

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COVID-19 And Birth Injuries Including Medical Malpractice Negligence

Posted by mslaw

in Birth Injury, Covid-19, Current Investigations, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death

Both COVID-19 and birth injuries create difficult and even devastating situations that can wreak havoc on the lives of individuals and families. But when COVID-19 is the cause of birth injuries — including deaths — due to medical malpractice negligence, new circumstances emerge and different legal strategies are required to ensure justice and secure financial resources for medical needs. According to the CDC, those who are pregnant or were recently pregnant carry an increased risk of becoming severely ill or dying from COVID-19 compared with those who are not pregnant. 1 This includes illness that requires pregnant individuals to be hospitalized,...

12 May

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COVID-19 Variants: More On Nursing Home COVID-19 Medical Malpractice Liability

Posted by mslaw

in Covid-19, Current Investigations, Medical Negligence, Negligence, Nursing Home Abuse

On April 21, 2021, the CDC reported an outbreak of COVID-19 associated with a SARS-CoV-2 variant in a skilled nursing facility due to an unvaccinated healthcare worker after a vaccination program was completed.1,2 Eighteen fully vaccinated residents became ill with a COVID-19 variant according to the report. Three residents died, two of which were unvaccinated. This further demonstrates the need for diligence and responsibility on behalf of healthcare workers and nursing homes. Click Here To Read The Article If you or a loved one is currently experiencing, or has experienced, Nursing Home Abuse or Negligence, or a loved one has died due...

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