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Negligence Tag

23 July
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5 Facts About Birth Injury Lawsuit Evidence

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence, Wrongful Death
Birth Injury Lawsuit Evidence

Having a newborn with a birth injury due to medical malpractice negligence is utterly devastating. So is being a mother who is the victim of birth injury medical malpractice negligence. When these heartbreaking scenarios occur, seeking legal help is often a priority for individuals and families. And evidence is the engine that drives the train to justice and fair financial compensation. Here are five facts about birth injury lawsuit evidence: 1. A case must be provable. In order for any legal case to be successfully settled, harm caused by a breach of duty of care must be proven via hard evidence. Hearsay...

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11 July
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Uninsured Doctor Liability In A Medical Malpractice Case

Posted by mslaw
in Insurance Claims, Medical Malpractice, Medical Negligence, Negligence
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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30 June
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Liability Involving Hospital-Affiliated Physicians

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence, Wrongful Death
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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17 June
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Is A Health Insurance Company Liable In A Medical Malpractice Lawsuit?

Posted by mslaw
in Birth Injury, Insurance Claims, Medical Malpractice, Medical Negligence
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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29 April
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5 Causes of Vaccine Related Medical Injuries

Posted by mslaw
in Medical Malpractice, Medical Negligence
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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10 April
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10 Arenas For Potential Medical Malpractice Negligence

Posted by mslaw
in Birth Injury, Insurance Claims, Medical Malpractice, Medical Negligence, Wrongful Death
Medical Malpractice Negligence

Medical malpractice negligence can occur anywhere from the starting point of professional medical assessment to the point of cure, improvement, or repair in situations involving illness, injury, or births. 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 ten listed below. In Florida, the law defines medical malpractice negligence specifically 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 10 case arenas that have...

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14 November
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Midwife Medical Malpractice Negligence Birth Injuries

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence
Midwife Medical Malpractice Negligence Birth Injuries

While in many instances births via midwife — regardless of where they take place — are successful or uneventful, in others catastrophic events occur that lead to serious lifelong injuries or even death. Over the past several years, both out-of-hospital and in-hospital or birthing center births utilizing midwives have been under scrutiny in Florida. The focus has been on midwife medical malpractice negligence birth injuries. In mid August of 2019, the Herald-Tribune published an article detailing the results of an investigation done in unison with GateHouse Media that showed out-of-hospital deliveries were twice as likely to result in infant injury or...

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20 October
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Miami Lawyer Richard Bo Sharp Lands Top Spot Among Personal Injury Settlements Nationwide

Posted by mslaw
in Birth Injury, M&S In The News, Medical Malpractice, Medical Negligence
Judgement Award Settlement for Personal Injury Settlements

Noted record-setting medical malpractice birth injury lawyer Richard “Bo” Sharp, Esq. of the Miami law firm Mallard & Sharp has been recognized once again — this time for obtaining The Third Largest Medical Malpractice Settlement Nationwide In 2022 And One Of The Top 21 Personal Injury Settlements Across The Entire United States For 2022. Visit TopVerdict to see the full list. The recovery in the case, a record-setting $12,000,000 settlement in the Federal Tort Claim Action styled HACKING vs. UNITED STATES OF AMERICA. (Case No.: 2:19-cv-14449-), represents the largest birth injury medical malpractice settlement with the Federal Government in Florida, and is also one...

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11 October
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Richard ‘Bo’ Sharp Recovers One Of The Top 21 Personal Injury Settlements In America In 2022

Posted by mslaw
in Awards, Honors & Accolades, Birth Injury, Current Investigations, M&S In The News, Medical Malpractice, Medical Negligence, Press Releases
MEDICAL MALPRACTICE NOTABLE CASE: SETTLEMENT: $12,000,000

On the heels of winning a $33.8 Million medical malpractice verdict that was the Largest Medical Malpractice Verdict in the State of Florida in 2017, Richard "Bo" Sharp was lead council for the recovery of a 2022 Medical Malpractice Settlement of $12 Million. This settlement represents the largest FTCA medical malpractice settlement in Florida and one of the largest FTCA settlements, of any type (if not the largest), that has been recovered in the State of Florida. This settlement also represents one of the Top 21 Personal Injury Settlements Obtained In The Entire United States In The Year 2022. Visit TopVerdict to...

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30 June
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Newborn Heart Defect Delayed Diagnosis Lawsuits

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence
Newborn Heart Defect Delayed Diagnosis Lawsuits

Any form of delayed medical diagnosis can lead to substantial health problems — or even death. One particularly devastating scenario is that of a newborn heart defect delayed diagnosis. Research has shown that delayed recognition of congenital heart disease in children is often due to physician negligence.1 Further, it uncovers the specific fact that available clinical cardiac findings alert physicians to likely newborn heart defects, though such findings are often ignored. Congenital heart defects are the most common type of birth defect.2 No matter the cause, fair compensation is an essential part of a legal settlement in provable lawsuits that result...

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