27 November

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Erring On The Side Of Malpractice: When Cautious Treatment Causes Harm

Posted by mslaw

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

For medical professionals, perhaps nothing is more ironic than when actions taken to avoid medical malpractice negligence actually cause it. Yet unnecessary testing and treatment occur constantly in the U.S. medical industry. According to Johns Hopkins Medicine, the National Academy of Medicine reports that unnecessary testing alone is performed to the tune of over $200 billion a year.1 Beyond the monetary implications of such actions is the potential for harm to patients. Unnecessary testing can cause delays in medical care that in turn can result in improper treatment, advancement of illness, or even death. Further, unneeded treatment in itself can cause...

18 November

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Infant Birth Injuries Due To Vacuum-Assisted Delivery

Posted by mslaw

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

In a shift away from the use of forceps during vaginal births, vacuum-assisted delivery of babies has become more prevalent over the past 20 years.1 Unfortunately, this type of infant delivery carries a number of risks, including the potential development of neonatal intracranial hemorrhages, convulsions, or encephalopathy.2 Strict protocol must be adhered to in instances where vacuum-assisted delivery is the procedure of choice. When protocol is not followed, or is improperly implemented, short-term or permanent birth injury may result for the baby, the mother, or both. In situations involving provable medical malpractice negligence with regard to infant birth injuries caused...

08 November

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When Nursing Home Negligence Results in Wrongful Death

Posted by mslaw

in Medical Negligence, Negligence, Nursing Home Abuse, Wrongful Death

Learning that a loved one has experienced nursing home negligence in a care facility is one of the most disturbing events in life. When such a situation results in a loved one's death, it is nothing short of devastating, and the pain, hurt, and anger is unimaginable. Feelings including shock and misplaced guilt can make it difficult to function, let alone focus. Yet gathering the proof needed to build an effective case and finding expert legal guidance are essential. Finding answers and seeking justice become priorities for most individuals and families. When a loved one is injured or dies due to...

31 October

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Florida Medical Malpractice Negligence: 7 Potential Case Arenas

Posted by mslaw

in Medical Malpractice, Medical Negligence, Negligence, Wrongful Death

From the point of professional assessment to the point of cure, improvement, or repair in situations involving illness or injury, Florida medical malpractice negligence can occur. Individuals and entities alike may be involved in such occurrences. There are many potential scenarios in which malpractice or negligence can arise, the majority of which involve one or more of the 7 sections listed below. In Florida, the law defines medical malpractice negligence with relation to a breach of the prevailing medical standard of care.1 Breaches can occur in multiples and involve several parties at once. Here are 7 potential case arenas involving medical malpractice...

23 October

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Smoke On The Water: Boating Accident Litigation

Posted by mslaw

in Boating Accidents, Insurance Claims, Wrongful Death

Smoke On The Water: Boating Accident Litigation Florida as a whole is a boating paradise that attracts not only local boating enthusiasts, but also tourists looking to enjoy its many waterways and water access points. These include lakes, rivers, and canals as well as the Gulf of Mexico, the Atlantic Ocean, and the Florida Straits. Unfortunately, with the ever extensive number of boaters, the number of boating accidents and fatalities tends to increase. Even with safety measures in place, boating accidents can occur. According to the Florida Fish and Wildlife Commission, hundreds of injuries related to boating accidents occur annually in Florida...

15 October

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Miya Marcano Family Looking for Justice, Takes Aim at Apartment Complex Negligent Security Where She Lived

Posted by mslaw

in Negligence, Negligent Security, Wrongful Death

Published October 3, 2021 • Updated on October 4, 2021 at 10:12 am Family blames apartment complex negligent security in her killing. The family of slain college student Miya Marcano is calling for justice in the wake of her death and taking aim at the apartment complex where she lived. "We believe that this apartment complex was negligent in a number of things that they did," Marcano family attorney Daryl K. Washington said at a news conference with the family Sunday. Washington said the family plans to "hold those responsible accountable" in her death. Orange County investigators said they believed the prime suspect Armando...

10 October

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Product Liability: Is More Than One Party Liable?

Posted by mslaw

in Auto Accidents, Boating Accidents, Insurance Claims, Product Liability Claims, Wrongful Death

Product liability includes current product recalls and involve a variety of items including bicycles, baby loungers, propane heaters, and ATVs (all-terrain vehicles).1 Every year there are numerous product recalls, many of which are the result of injuries or deaths that involve product liability. In 2020 alone hundreds of recalls were issued on items, according to the U.S. Consumer Product Safety Commission. Product liability that occurs as a result of injuries and/or deaths due to the use of defective items is often met with legal recourse. Liability claims may involve more than one liable party and more than one insurance claim. When multiple...

28 September

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Trucking Accidents: 20 Accidental & Negligent Causes

Posted by mslaw

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

According to the Federal Motor Carrier Safety Administration, there are thousands of fatalities, serious injuries, and property damage cases annually due to trucking accidents.1 Victims and their loved ones face devastating physical, emotional, and financial challenges as a result of such accidents. From treatment to rehabilitation, and from claims to compensation, there are many aspects that require attention post-accident. This can be particularly strenuous when one or more parties are at fault. Hiring legal counsel after a trucking accident is common and can be highly beneficial in a number of ways. These include the fact that many legal considerations associated with...

20 September

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Medication And Malpractice-Related Birth Injuries

Posted by mslaw

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

Among the various types of medical malpractice-related birth injuries are those involving medications. Such birth injuries can result from overmedication, improper medication, or even a lack of medicating, and can occur at any stage from the onset of pregnancy to the postpartum "after-the-birth" phase. Mother, child, or both may be affected. For example, if a drug is prescribed for a pregnant woman and she has a known but overlooked contraindication to its use that results in harm to her and/or her unborn child or children, the result may be one or more medical malpractice-related birth injuries. In cases involving multiple births, the...

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...

Wrongful Death

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