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...

20 July

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Florida Pool Injuries & Drowning Accidents

Posted by mslaw

in Negligence, Slip And Fall Accidents, Wrongful Death

Experiencing pool injuries or drowning accidents - particularly when it results in permanent disability or death—creates extensive trauma for individuals, families, and loved ones. In most such instances in which negligence is a provable factor, and in which medical and specialty needs will be ongoing for the injured individual, securing just compensation is essential. Pool injuries due to improper or negligent maintenance issues such as broken handrails, chipped tiles, and faulty jets or drains can result in broken bones, head injuries, and severe lacerations. Any of these may result in drowning. From walking-area surface changes to standing water, slip-and-fall pool accidents...

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...

16 June

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Florida Wrongful Death Claims: What You Need To Know

Posted by mslaw

in Wrongful Death

Wrongful death claims are civil lawsuits that are legally filed and taken to court by the estate of a deceased person whose death was due to the negligence or wrongful actions of one or more others. Criminal cases may also be filed separately, and may be filed at the same time. In Florida, Florida statutes chapter 768 details much of the law regarding negligence and damages, while Florida statutes chapter 95 discusses the amount of time (known as the “statute of limitations”) that is legally allowed to file this type of lawsuit. Time is an important factor here. Generally speaking, wrongful death lawsuits in Florida must be filed within a...

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,...

22 April

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Nursing Home Covid-19 Medical Malpractice Liability

Posted by mslaw

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

Establishing Liability In Nursing Home COVID-19 Cases: The Changing Landscape Numerous nursing home COVID-19 related lawsuits have been brought as a result of injuries and deaths in nursing homes both in Florida and throughout the country. Failure to wear protective gear, a lack of testing, insufficient numbers of staff, and errors by untrained or partially trained staff are among the issues resulting in such litigation. And while establishing responsibility and securing accountability in each case is difficult, the level of difficulty will likely increase due to Senate Bill 72, which passed in the Florida House of Representatives on March 29, 20211. ...

12 April

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Ten Types Of Patient Discharge Medical Malpractice Negligence

Posted by mslaw

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

Medical malpractice negligence takes many forms, including those involving patient discharge negligence. It may involve doctors, medical staff, specialists, hospitals, medical offices, and medical care facilities. All forms of medical malpractice negligence in Florida are based on actions that represent a breach of the prevailing medical standard of care as defined by Florida law.1 The following are ten scenarios involving patient discharge negligence: 1. Premature Discharge This occurs when a patient is released from a hospital or other medical facility too soon, before his or her medical condition has been appropriately stabilized and it is safe for the individual to return home. 2. Discharge...

17 March

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More Than 100 Lawsuits Filed Against South Florida Senior Care Facilities

Posted by mslaw

in Covid-19, Current Investigations, M&S In The News, Medical Negligence, Negligence, Nursing Home Abuse, Videos, Wrongful Death

By Phil Prazan • Published March 16, 2021 Some of the most heartbreaking impacts of the pandemic came in Florida nursing homes and assisted living facilities. State data shows roughly a third of the reported coronavirus deaths in the state were related to these facilities. Now, some state lawmakers are supporting a measure that would protect them from most COVID-related lawsuits. NBC 6 Investigators found the move could impact local lawsuits filed during the pandemic. https://youtu.be/qsc7ddCITGA According to the Florida Department of Health, 74 people died after testing positive for the virus at the Hialeah Nursing and Rehabilitation Center – more than any other...

Wrongful Death

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