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Nursing Malpractice Tag

16 June
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Miami Medical Malpractice Negligence Lawsuits Involving Hospitals

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

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

Midwives, certified midwives (CMs), certified professional midwives (CPMs), and certified nurse midwives (CNMs) all provide services related to reproductive health, with the latter being the most common type of midwife in the nation according to the American Midwifery Certification Board.1 Each state has laws and rules governing midwifery licensing and practices. Florida law, for example, requires midwives to be 21 years of age, licensed, and trained, including having hands-on training involving actual patients, among other things.2 One important responsibility included in Florida's laws is the requirement for midwives to carry malpractice insurance. Whether at home, in a hospital, or at a...

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03 August
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Florida Medical Malpractice Negligence Law Update

Posted by mslaw
in Medical Malpractice, Medical Negligence, Negligence, Wrongful Death
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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22 April
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Nursing Home Covid-19 Medical Malpractice Liability

Posted by mslaw
in Covid-19, Current Investigations, Medical Malpractice, Medical Negligence, Nursing Home Abuse, Wrongful Death
Nursing Home Covid-19

Establishing Liability In Nursing Home COVID-19 Cases: The Changing Landscape Numerous nursing home COVID-19 related lawsuits have been brought as a result of injuries and deaths in nursing homes both in Florida and throughout the country. Failure to wear protective gear, a lack of testing, insufficient numbers of staff, and errors by untrained or partially trained staff are among the issues resulting in such litigation. And while establishing responsibility and securing accountability in each case is difficult, the level of difficulty will likely increase due to Senate Bill 72, which passed in the Florida House of Representatives on March 29, 20211. ...

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23 January
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Top Aspects of Nursing Home Abuse And Negligence Lawsuits

Posted by mslaw
in Negligence, Nursing Home Abuse
Nursing Home Abuse & Negligence Lawsuits

The devastation that results from experiencing nursing home abuse and negligence firsthand, or learning that a loved one is or was being abused and/or neglected, elicits a number of disturbing feelings including hurt, anger, and depression. While difficult, staying focused on stopping the abuse and/or negligence and gathering essential proof in order to achieve justice are top priorities. Taking effective legal action requires obtaining several key types of evidence. The five most important aspects in such cases are: 1. Written Documentation 2. Photographs 3. Medical Records 4. Victim and Witness Statements (Including Staff, Other Residents, Previous Employees, and Other Family Members or Friends) 5. Personal...

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29 November
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Establishing Responsibility In COVID-19 Nursing Home Cases

Posted by mslaw
in Covid-19, Medical Negligence, Negligence, Nursing Home Abuse, Wrongful Death
COVID-19 nursing home cases

A recent article in the American Bar Association Journal1 detailed widespread problems and shortcomings in nursing homes and the escalating number of COVID-19 nursing home cases and related lawsuits that are being brought as a result. Insufficient numbers of staff, failure to wear protective gear, and a lack of testing are among the most pressing problems resulting in such litigation. Injury or death of loved ones due to negligence resulting from these and other problems are the devastating and horrific consequences far too many individuals and families are currently facing. Yet establishing responsibility and securing accountability in these cases is,...

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25 October
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Hospital Medical Malpractice Negligence And Legal Liability

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

Hospital Medical malpractice negligence is generally synonymous with the thought of wrongdoing on behalf of a doctor or other medical professional. In actuality, however, there are numerous points of potential liability to consider in hospital medical malpractice negligence cases. Medical care can go awry at any point from admission forward in a hospital. In fact, a hospital may be liable in more situations than you realize. These can include scenarios involving not only doctors, but employees. And in a number of cases, the doctors are not the employees. Doctors: Employees or Independent Contractors?When hospital doctors who are employees provide improper treatment...

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01 September
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Benefits Of Legal Representation In Nursing Home Legal Cases

Posted by mslaw
in Negligence, Nursing Home Abuse
Nursing Home Legal Cases

Time. Money. Justice. These are all factors in a vast array of situations in life, and nursing home legal cases are no different.  To begin with, experiencing nursing home abuse or neglect, or learning that a loved one is or was being abused or neglected, generally coincides with feelings of anger, hurt, and even guilt. Adding to the devastation is the confusion that usually follows regarding what steps to take next — and hiring a nursing home abuse and neglect lawyer is often a consideration. However, a combination of misconceptions about legal costs and time factors sometimes deters individuals from initially...

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09 August
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Elder Abuse Lawyers Discuss Staying Alert To Nursing Home Abuse And Neglect

Posted by mslaw
in Medical Negligence, Negligence, Nursing Home Abuse
elder abuse lawyers

Before the Covid-19 pandemic, elder abuse lawyers saw many cases of nursing home abuse and neglect. This has been a growing concern among the elderly and their families. This includes such cases in nursing homes and assisted living facilities in heavily populated retirement areas including Miami and South Florida. Unfortunately, with the advent of the pandemic, the lines between detecting if a loved one is being abused (or neglected) or not have become substantially blurred.  This is due in part to the fact that during the pandemic, family members have been generally restricted from physically visiting their loved ones who are...

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26 July
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Nursing Malpractice: Another Form of Medical Negligence

Posted by mslaw
in Medical Malpractice, Medical Negligence, Nursing Home Abuse
Nursing Home Abuse Lawyer

Nursing Malpractice can happen in doctors’ offices, hospitals and even with at-home care. Unfortunately, while many patients’ nurse-related experiences are rooted in exceptional care, a percentage involve negligence, malpractice, or both. The potential for the prevalence of substandard care to be higher is found in areas where medical offices, care centers, and hospitals are abundant—including South Florida.  At-home nursing care, which is often provided for the elderly and those who are handicapped or severely injured, may be overlooked with regard to potential for nursing malpractice. Family members and friends should stay alert to any concerns voiced by those receiving such care.  Potential...

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