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Medical Malpractice Tag

Delayed Cesarean Section Birth Injuries

Delayed Cesarean Section

Improper fetal heart rate. Umbilical cord prolapse. Uterine rupture. These are only a few of the reasons an emergency Cesarean section might be performed to save the life of an infant or mother, or the lives of both. And while Cesarean sections themselves come with risks, other risks can occur when Cesarean sections are delayed — potentially resulting in birth injury medical malpractice negligence. This is well documented in the number of legal cases settled nationally involving delayed Cesarean section birth injuries. Among the types of delayed Cesarean section birth injuries are those that are asphyxia related, in which a lack...

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5 Facts About Brachial Plexus Birth Injuries

Brachial Plexus birth injuries

Learning that one’s baby has been the victim of a Brachial Plexus birth injury is emotionally devastating, not to mention the profound effect it has on families physically and financially. Learning why the birth injury occurred, who is liable for the injury, and what can be done to most effectively help the child going forward are generally among the priorities parents and families focus on. Seeking experienced legal help is also often a priority in provable cases of Brachial Plexus palsy birth injuries. Here are five facts about Brachial Plexus birth injuries: 1. There are different types of Brachial Plexus birth...

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Uninsured Doctor Liability In A Medical Malpractice Case

Uninsured Doctor Liability

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...

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Liability Involving Hospital-Affiliated Physicians

Hospital-Affiliated Physicians

When patients are injured or die due to medical malpractice negligence in a hospital, physicians are often involved. And while many individuals do not realize it, the physicians who treat them during an emergency room visit or hospital stay may not, in fact, be hospital employees. This creates varied legal scenarios when things go wrong. In reality, liability involving hospital-affiliated physicians has some gray areas and requires experienced attorneys to navigate efficiently and effectively for the benefit of those who have been harmed. Hospital Employee or Independent Contractor? To begin with, there are general differences in the liability associated with hospital employees...

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Is A Health Insurance Company Liable In A Medical Malpractice Lawsuit?

Health Insurance Company

It is a relatively common scenario: An individual’s health insurance company has changed, whether by personal choice, due to an employer making changes, as a result of job loss, or even due to an insurance company buyout or bankruptcy. The person is given — or chooses — a new insurance company, which in turn chooses a new primary doctor for the individual if he or she does not choose one. But what happens in the event a new primary doctor chosen by an insurance company misdiagnoses or improperly treats an individual, resulting in serious injury or death to that individual? Is...

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Five Potential Causes of Physician Group Medical Malpractice

Physician Group

A variety of scenarios exist in a doctor’s office with the potential to lead to medical malpractice. And while such situations can occur in any medical setting — and there may be benefits to having more than one physician know an individual’s medical history and status — physician groups may carry additional risk due to a combination of typical time constraints and a “merry-go-round” approach. Here are five potential causes of physician group medical malpractice, which may be likelier to occur in physician groups due to multiple physicians being involved with each patient: 1. Simple Misspellings or Numerical Errors Although such errors can...

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Midwife Pre-Term Birth Medical Malpractice

Midwife

Over the past several years, Florida has been under intense scrutiny with regard to midwifery. As reported in a previous article, a mid-August 2019 Herald-Tribune article based on the results of an investigation carried out with GateHouse Media revealed that out-of-hospital deliveries in the state were twice as likely to result in infant injury or death when compared to hospital deliveries.1  The article further detailed the tragic reality that at minimum six infants and one mother had died since October of 2018 in Florida during planned out-of-hospital births utilizing midwives. Other infants and mothers suffered serious injuries due to the same or...

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Medical Equipment Malpractice Negligence Part II

medical equipment malpractice

In addition to medical equipment malpractice negligence that occurs involving the mechanical and structural aspects of development and function is that caused by human error. Doctors, specialists, technicians, maintenance workers, and even cleaning crew individuals may be liable in cases of medical equipment malpractice. Potential scenarios include improper machine use, lack of maintenance, deficient technician training, and misinterpretation of results. Patient identity errors and errors regarding test types can also lead to misuse of medical equipment, as can entering improper settings on machines that dispense intravenous medication, regulate breathing, or perform other pertinent medically related functions. Such errors can result in...

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Medical Equipment Malpractice Negligence Part I

Medical Equipment

Medical malpractice negligence can involve a number of different individuals, including doctors, physician assistants, specialists, nurses, midwives, and medical technicians. And while in many instances the liability lies with more than one medical professional at the same time, there is another arena for consideration: medical equipment used for testing. From development to maintenance, and from use to interpretation of test results, a sea of potential errors due to medical equipment malpractice negligence involving liable parties exists. In addition to operator error and misread or misinterpreted results are medical equipment errors. Broken or malfunctioning parts, electrical issues, power failures, software problems, and...

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5 Causes of Vaccine Related Medical Injuries

Vaccine

When developed and administered properly and safely, vaccines and injectable medications can be useful tools and beneficial adjuncts in the quest for better health. Lack of proper development or use, however, can result in situations ranging from mild side effects to devastating ones, including death. All age groups can be affected. Listed here are five potential causes of vaccine related medical injury: 1. Administering The Wrong Vaccine Improperly labeled vaccines, patient record mix-ups, and lack of practitioner, nurse, or pharmacist focus can result in administration of a vaccine other than what was prescribed. An example is the administration of insulin to an...

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