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Medical Malpractice Tag

Miami Medical Malpractice Negligence Lawsuits Involving Hospitals

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...

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Choosing The Best Miami Medical Malpractice Lawyer For Your Needs

The Best Miami Medical Malpractice Lawyer

It is a sad and disturbing fact: Florida ranks high in medical malpractice cases. Data from the Florida Department of Health and the Florida Office of Insurance Regulation support this fact.1,2 If you or a loved one has been the victim of provable medical malpractice negligence, you are likely looking for justice and fair compensation for the injuries you or they have suffered. You need an experienced, effective lawyer or legal team. So where do you start? By doing some research in order to choose the best Miami medical malpractice lawyer for your needs. All in all, there are several...

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How To Choose The Best Miami Birth Injury Lawyer For Your Needs

Best Miami Birth Injury Lawyer

Being faced with the need to hire a lawyer or legal team can seem like a daunting task, particularly when you or a loved one is the victim of a provable medical malpractice negligence birth injury. In the midst of dealing with physical, emotional, and financial strain, making a choice of which lawyer or legal team will represent you or your loved ones best can feel overwhelming. Here are a few tips that may help you choose the best Miami birth injury lawyer for your needs: Ask about the lawyer’s experience level In most cases, it is likely that the best Miami...

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5 Reasons Lawyers Turn Down Birth Injury Cases

Birth Injury Cases

Lawyers and legal teams turn down potential birth injury cases due to a number of factors. Lawyers who are well versed in birth injury medical malpractice lawsuits — or especially in specific types of birth injury medical malpractice lawsuits — are likelier to provide advantages in the areas of time, money, assistance, and results. Here are 5 common reasons lawyers turn down birth injury cases: TIME Florida's statute of limitations for personal injury cases, including birth injury cases, is two years, with some specific allowances.1,2 In instances in which a provable birth injury case is presented to a lawyer or legal team...

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Birth Injury Non-Economic Damages

Birth Injury Non-Economic Damages

Birth injury legal cases generally involve both economic and non-economic damages. Economic damages are those costs and losses caused by a provable medical malpractice birth injury that span from the onset of the injury to the future. They include specific dollar-amount expenditures, such as medical expenses. But there are also birth injury non-economic damages. So what are “non-economic damages”? They are damages that are harder to put a finger on in terms of monetary value, as they do not have standard prices associated with them. The American College of Surgeons aptly defines them as compensation for subjective, non-monetary losses such as...

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The Continued Increase In Maternal Birth Injury Deaths

Maternal Birth Injury Deaths

The dramatic and escalating number of pregnancy-related maternal deaths in the U.S. during the past couple of decades can be summed up in one word: unacceptable. Current research shows that pregnancy-related maternal birth injury deaths have continued to increase.1,2,3 It is a disturbing scenario, particularly given the many developments and advances in medicine and medical care aimed at saving lives. Even more disturbing is when dangerous pregnancy-related medical situations are preventable, yet result in provable maternal birth injury medical malpractice deaths. The numbers tell a sobering story. According to the CDC, the number of reported pregnancy-related maternal deaths in the United States...

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Burden of Proof In Birth Injury Medical Malpractice Lawsuits

Burden of Proof In Birth Injury Medical Malpractice Lawsuits

Like every type of personal injury lawsuit in Florida, birth injury medical malpractice lawsuits require that the victim (the injured plaintiff or that plaintiff’s representative) prove that negligence occurred, and as a result, damages resulted. This is known as the burden of proof. Under Chapter 768 of the Florida statutes, the burden of proof requirement is as follows:1 768.725 Punitive damages; burden of proof.—In all civil actions, the plaintiff must establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages. The “greater weight of the evidence” burden of proof applies to a determination of the amount of...

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A Sharp Eye On Justice: Behind Miami Attorney Bo Sharp’s Latest Record-Setting Birth Injury Settlement

Judgement Award Settlement for Personal Injury Settlements

Noted Miami Attorney Richard "Bo" Sharp, Esq. of Mallard & Sharp, P.A. is no stranger to success when it comes to achieving justice and securing fair compensation for victims of birth injury medical malpractice negligence. In 2017, he served as lead counsel in the $33.8 million Dixon v. USA victory, the largest medical malpractice verdict in Florida that year and the largest medical malpractice verdict ever recovered in Miami-Dade County to date. The case involved a male infant who was the victim of malpractice, and as a result suffered severe injuries due to the delivering doctor failing to address a...

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Previously Rejected Medical Malpractice Birth Injury Lawsuits

Brachial Plexus Birth Injuries

Statutes of limitations. Case overload. Lawyer inexperience or preferred cases. These are only a few of the reasons why medical malpractice birth injury lawsuits might be rejected by a lawyer or legal team. In some instances, it can leave victims and parents (or surrogates) of medical malpractice birth injuries in tight spots with regard to securing legal help within the legally allotted time frame. This is especially true when legal help is sought too close to the time the statutes of limitations are set to expire. Today more than ever, time is of the essence in seeking legal help for potential...

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Three Causes of Hypoxic-Ischemic Encephalopathy HIE Birth Injury

HIE Birth Injury

A decrease or lack of oxygen or blood flow to an infant’s brain, known as birth asphyxia, can lead to hypoxic-ischemic encephalopathy HIE birth injury, a form of brain dysfunction.1,2 HIE may be recognized by a number of symptoms, including breathing problems, unusual muscle tone, a lack of common reflexes, and seizures, among other things.1  It can occur at any point before birth, after birth, or during labor and delivery. In some cases, it is due to medical malpractice negligence in the form of an HIE birth injury. Three causes of HIE are: 1) umbilical cord compression or prolapse, 2)...

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