11 July

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Uninsured Doctor Liability In A Medical Malpractice Case

Posted by mslaw

in Insurance Claims, Medical Malpractice, Medical Negligence, Negligence

Throughout the medical field in Florida, an array of different physicians — including those in general medicine, cosmetic surgery, and even obstetrics — carry no liability insurance. The fact that they do not carry this insurance must be made known to patients, though it may simply be displayed in writing in their medical-office waiting areas. Unfortunately, when done in this manner, the letter, notice, or flyer that is posted may go unnoticed by patients. When patients of uninsured doctors are victims of medical malpractice negligence, it can be devastating at an even higher level due to costs and legalities. Private practice...

16 June

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Miami Medical Malpractice Negligence Lawsuits Involving Hospitals

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Negligence

Miami Medical Malpractice Negligence Lawsuits Involving Hospitals

Over the past several decades, Florida — particularly South Florida — has become a preferred hotspot for retirement and a hub for a vast array of medical and surgical care. From specialty surgeries of the heart and brain to surgeries involving cancer, vision restoration, hip replacements, and even surgical cosmetic repairs and improvements, surgeons, surgical specialists, and high-ranking hospitals can be found throughout Florida. In addition, many of the latest surgical approaches and technologies are available in Miami and South Florida, making the area an even more desired location for treatments and surgery. Along with the increase in treatments and surgeries has...

08 April

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A New Deadline On General Negligence Lawsuits

Posted by mslaw

in Negligence

What constitutes negligence? It’s a question often asked, and has important legal bearings when it comes to filing lawsuits. Cornell Law School defines negligence as follows:1 “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct).” The signing of House Bill 837, Civil Remedies, into law on March 24, 2023 imposes a new deadline on general negligence lawsuits from four years to two years (active duty service members are exempt from this provision).2,3...

07 November

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Medical Trainees and Medical Malpractice Negligence

Posted by mslaw

in Medical Malpractice, Medical Negligence, Negligence

Medical Trainees and Medical Malpractice Negligence

Medical malpractice negligence can involve a host of individuals, from doctors, specialists, and midwives to nurses, physician assistants, and medical technicians. But there’s another type of common medical provider that carries risk as well: medical trainees. And the number of trainees in Florida has grown, not only due to the effects and after-effects of Covid, but also due to longstanding issues in medical understaffing in the state.1,2 Any branch of medicine and any sub-specialty may utilize trainees, and therefore is susceptible to related occurrences of medical malpractice negligence. This includes internal medicine, dermatology, cardiology, ophthalmology, and even surgical dentistry. The August 2022...

17 September

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The 993: Is Your Loved One a Victim of Florida Nursing Home Negligence?

Posted by mslaw

in Negligence, Nursing Home Abuse

Nine hundred and ninety-three. That’s the number of instances in which residents at Florida nursing homes walked out the door without supervision, proper authorization, or both between 2017 and 2021, according to the Florida Agency for Health Care Administration (AHCA).1 That includes individuals with dementia or other forms of cognitive impairment. Each account is disturbing, and in many cases the situations were life threatening. It’s a harrowing scenario for family members and loved ones. The International Council of Nurses’ definition of nursing includes “promotion of a safe environment.”2 Wandering from a nursing home and being found over 5 miles away on...

10 March

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Birth Injury Lawyers For Skull Fractures & HIE

Posted by mslaw

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

$skull fractures birth injury lawyer$

Among the numerous types of birth injuries are those involving skull fractures. These types of birth injuries are often the result of deliveries that require the use of forceps, vacuum extraction, and/or other instrument-related delivery.1They may or may not involve intracranial injury. In addition, they may result in hypoxic ischemic encephalopathy (HIE), a serious form of brain injury caused by oxygen deprivation in the brain.2 Treatment for birth injury skull fractures can include3: Oxygen for breathing supportInterior skull pressure monitoring in a pediatric intensive care unit (PICU)Blood pressure and heart monitoringIntravenous medications and fluidsReduction of brain swellingSurgeryRehabilitation Unlike many other types of birth...

28 February

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Florida Nursing Homes: Important Legal Update

Posted by mslaw

in Medical Negligence, Negligence, Nursing Home Abuse

Potential changes to Florida nursing homes and staffing standards are currently being considered by the Florida House.1 Minimum staffing requirements in Florida nursing homes have been an issue of debate for more than 20 years. It's a serious concern, particularly given that Florida -- and South Florida in particular -- is a popular hub for retirement and nursing home care. Not to mention concerns about Florida's high rate of nursing home abuse and negligence. Current proposed changes include reducing the 2.5-hour minimum of time that certified nursing assistants must spend daily providing each nursing home resident with direct care down to...

12 January

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Do You Have A Wrongful Death Case?

Posted by mslaw

in Birth Injury, Medical Malpractice, Medical Negligence, Motorcycle Accidents, Negligence, Negligent Security, Trucking Accidents, Wrongful Death

If you have lost a loved one due to Wrongful Death, contact Mallard & Sharp, P.A. at 877.662.5527. As an experienced Miami Wrongful Death Lawyer, we understand the law and can help you get justice and recover the damages you deserve. Whether due to negligence, recklessness, or an intentional act, death is a devastating experience for families and loved ones. Having a lawyer from Mallard & Sharp can lessen the trauma associated with the mental, emotional, and financial stresses that are being faced during this unbelievably difficult time. Having support to help navigate the law is just the beginning. Florida laws contain...

29 December

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Automobile Accidents: Backup Camera Blind Spots & More

Posted by mslaw

in Auto Accidents, Insurance Claims, Motorcycle Accidents, Negligence, Trucking Accidents, Wrongful Death

Many vehicles are now produced with rear-view video cameras, often referred to as "backup" cameras. And while the goal of having such technology—and using it—is to avoid collisions and resultant injuries and deaths, it does not provide a 100% guarantee of effectiveness against automobile accidents. A host of factors are responsible for this, including: -- operator age -- weather -- visibility -- maneuvering speed -- camera range Operator Age According to the U.S. Census Bureau, the 65-and-older population grew by over one third (34.2% or 13,787,044) in the past decade, and by 3.2% (1,688,924) from 2018 to 2019 alone.1 There are more elderly drivers than ever before....

18 December

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Medical Negligence Malpractice: Items Left Inside Surgical Patients

Posted by mslaw

in Medical Malpractice, Medical Negligence, Negligence

Of the many forms of medical negligence malpractice are those that involve leaving procedure-related items inside of patients' bodies during surgeries. The numbers are shocking: according to the American Society of Anesthesiologists, every year between 4,500 and 6,000 U.S. patients have surgically retained foreign objects (called SRFOs) in their bodies after surgery.1 In instances in which this occurs, the result can be serious injury or death due to medical negligence malpractice. In some cases, SRFOs aren't detected for months or years. In a study published in the New England Journal of Medicine, gauze sponges were cited as the most common surgical...

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