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Negligence Tag

18 December
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Medical Negligence Malpractice: Items Left Inside Surgical Patients

Posted by mslaw
in Medical Malpractice, Medical Negligence, Negligence
Medical Negligence Malpractice

Of the many forms of medical negligence malpractice are those that involve leaving procedure-related items inside of patients' bodies during surgeries. The numbers are shocking: according to the American Society of Anesthesiologists, every year between 4,500 and 6,000 U.S. patients have surgically retained foreign objects (called SRFOs) in their bodies after surgery.1 In instances in which this occurs, the result can be serious injury or death due to medical negligence malpractice. In some cases, SRFOs aren't detected for months or years. In a study published in the New England Journal of Medicine, gauze sponges were cited as the most common surgical...

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06 December
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Negligent Security: Ten Potential Visibility Deterrents at Convenience Stores

Posted by mslaw
in Negligence, Negligent Security
negligent security

Convenience stores are among the commercial properties with the potential to have unsafe conditions leading to accidents or criminal activities and possible subsequent negligent security lawsuits. They include those that are part of gas stations or offer drive-through service. Regardless of the type, there are a number of scenarios involving a lack of visibility that can lead to negligent security lawsuits. They include the following ten situations: 1. Blind spots 2. Dark areas 3. Turning off exterior/canopy lights 4. Window signs 5. Posters/paper/stickers in windows 6. Blinds 7. Construction equipment during remodels 8. Video surveillance off/not operating 9. Store stock/racks/columns blocking windows 10. Ice/propane dispensers blocking views Proper lighting and surveillance...

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27 November
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Erring On The Side Of Malpractice: When Cautious Treatment Causes Harm

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

For medical professionals, perhaps nothing is more ironic than when actions taken to avoid medical malpractice negligence actually cause it. Yet unnecessary testing and treatment occur constantly in the U.S. medical industry. According to Johns Hopkins Medicine, the National Academy of Medicine reports that unnecessary testing alone is performed to the tune of over $200 billion a year.1 Beyond the monetary implications of such actions is the potential for harm to patients.  Unnecessary testing can cause delays in medical care that in turn can result in improper treatment, advancement of illness, or even death. Further, unneeded treatment in itself can cause...

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18 November
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Infant Birth Injuries Due To Vacuum-Assisted Delivery

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death
infant birth injuries

In a shift away from the use of forceps during vaginal births, vacuum-assisted delivery of babies has become more prevalent over the past 20 years.1 Unfortunately, this type of infant delivery carries a number of risks, including the potential development of neonatal intracranial hemorrhages, convulsions, or encephalopathy.2 Strict protocol must be adhered to in instances where vacuum-assisted delivery is the procedure of choice. When protocol is not followed, or is improperly implemented, short-term or permanent birth injury may result for the baby, the mother, or both. In situations involving provable medical malpractice negligence with regard to infant birth injuries caused...

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08 November
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When Nursing Home Negligence Results in Wrongful Death

Posted by mslaw
in Medical Negligence, Negligence, Nursing Home Abuse, Wrongful Death
nursing home negligence

Learning that a loved one has experienced nursing home negligence in a care facility is one of the most disturbing events in life. When such a situation results in a loved one's death, it is nothing short of devastating, and the pain, hurt, and anger is unimaginable. Feelings including shock and misplaced guilt can make it difficult to function, let alone focus. Yet gathering the proof needed to build an effective case and finding expert legal guidance are essential. Finding answers and seeking justice become priorities for most individuals and families. When a loved one is injured or dies due to...

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15 October
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Miya Marcano Family Looking for Justice, Takes Aim at Apartment Complex Negligent Security Where She Lived

Posted by mslaw
in Negligence, Negligent Security, Wrongful Death
Apartment Complex Negligent Security

Published October 3, 2021 • Updated on October 4, 2021 at 10:12 am Family blames apartment complex negligent security in her killing. The family of slain college student Miya Marcano is calling for justice in the wake of her death and taking aim at the apartment complex where she lived. "We believe that this apartment complex was negligent in a number of things that they did," Marcano family attorney Daryl K. Washington said at a news conference with the family Sunday. Washington said the family plans to "hold those responsible accountable" in her death. Orange County investigators said they believed the prime suspect Armando...

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20 September
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Medication And Malpractice-Related Birth Injuries

Posted by mslaw
in Birth Injury, Medical Malpractice, Medical Negligence, Negligence, Wrongful Death
malpractice-related birth injuries

Among the various types of medical malpractice-related birth injuries are those involving medications. Such birth injuries can result from overmedication, improper medication, or even a lack of medicating, and can occur at any stage from the onset of pregnancy to the postpartum "after-the-birth" phase. Mother, child, or both may be affected. For example, if a drug is prescribed for a pregnant woman and she has a known but overlooked contraindication to its use that results in harm to her and/or her unborn child or children, the result may be one or more medical malpractice-related birth injuries. In cases involving multiple births, the...

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30 August
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The Many Faces of Medical Malpractice Negligence in Florida

Posted by mslaw
in Medical Malpractice, Medical Negligence, Negligence, Nursing Home Abuse, Wrongful Death
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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24 August
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Mallard & Sharp Win $33.8 Million Dollar Medical Malpractice Verdict

Posted by mslaw
in Awards, Honors & Accolades, Birth Injury, Current Investigations, M&S In The News, Medical Malpractice, Medical Negligence, Negligence
Birth Injury Lawyer

Mallard & Sharp, P.A. were counsel for a $33.8 Million dollar medical malpractice verdict that was the Largest Medical Malpractice Verdict in the State of Florida in 2017 in the case of MARLA DIXON, EARL REESE-THORNTON, and ER v. The United States of America, of E.R., a minor, Case No.: 1:15-cv- 23502. The case involved a doctor who lied and changed medical records after he failed to perform an emergency C-section to deliver plaintiff E.R. when the doctor was on his cell phone with his stock broker. THE CASE WAS TURNED DOWN BY OTHER ATTORNEYS before Mallard & Sharp, P.A. became involved. RICHARD SHARP AND FOUNDING FIRM...

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

Posted by mslaw
in Birth Injury, Current Investigations, Medical Malpractice, Medical Negligence, 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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