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Medical Malpractice Tag

The Many Faces of Medical Malpractice Negligence in Florida

medical malpractice negligence

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...

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Twins And Birth Injuries: Is It Medical Malpractice Or Negligence?

twins and birth injuries

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...

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Florida Medical Malpractice Negligence Law Update

florida medical malpractice negligence

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...

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Hypoxic Ischemic Encephalopathy Brain Injury During Birth: Proving Medical Malpractice & Negligence

Brain Injury During Birth

Traumatic Brain Injury During Birth in infants is a heartbreaking and all-too-common experience for many new parents. There are an array of causes, including Cerebral Palsy, hypoxic ischemic encephalopathy, brachial plexus palsy (Erb’s palsy), and others, which can be the result of breech-birth complications, C-section injuries, or medical malpractice negligence—or a combination of these and other factors. Traumatic brain injuries (TBIs) in particular have been reported as the leading cause of death and disability in children, with instrumental delivery being noted as a major cause.1  Hypoxic ischemic encephalopathy (HIE) is a type of brain damage caused by oxygen deprivation and limited...

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Ten Causes of Anesthesia Errors Medical Malpractice Negligence

Anesthesia Errors

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...

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10 Types of Medication Errors: Is it Medical Malpractice Negligence?

Medication Errors

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...

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COVID-19 And Birth Injuries Including Medical Malpractice Negligence

COVID-19 and birth injuries

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,...

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Cerebral Palsy: Common Birth Injuries With Multiple Causes.

Cerebral Palsy Lawyer

Learning that your newborn baby has a birth injury is devastating in itself. But what if you’re faced with a diagnosis from a multi-faceted group of birth injuries compounded by a maze of possible causes? Such is the case with Cerebral Palsy, which is often mistaken for one type of palsy induced by brain damage. Cerebral Palsy is, in fact, a group of disorders that may be caused by either a brain injury or abnormal brain development. And while abnormal brain development may occur before or after delivery, brain injuries can occur before, during, or after delivery. Further complicating cases involving Cerebral...

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Ten Types Of Patient Discharge Medical Malpractice Negligence

Patient Discharge

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...

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Types Of Medical Malpractice & Medical Negligence

malpractice

While medical malpractice and medical negligence are often thought of as one in the same, in actuality they are distinctly different. In many cases, however, they occur together. The line that separates medical malpractice from medical negligence is intent. Malpractice is the intentional deviation from established standards of care, while negligence is associated with accidents, oversight, and other unintentional actions. Types of medical malpractice include:Doctor/physician malpracticeHospital malpractice Anesthesia errorsNursing malpracticeSurgical malpracticeDefective medical devices Some examples:• Medication errors, including failure to review all medications a patient is taking and confirming contraindications to use of any particular medication• Failure to monitor patients, improper care,...

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