Month: August 2020
Medical Malpractice Presuit Requirements in Florida
Florida is one of several states that has placed restrictions on the filing and prosecution of lawsuits for Medical Malpractice because of a perceived litigation crisis affecting the health care industry. Medical Malpractice reform in Florida began in 1985 by requiring potential plaintiffs in Medical Malpractice cases to provide a Notice of Intent to each prospective defendant before filing a lawsuit. In 1988, Florida added a “Presuit Investigation” requirement, which included provisions permitting potential parties to conduct “informal discovery” before a complaint was filed. Florida’s “Presuit” requirements have been modified several times since then, with the most recent revisions coming...
read moreStill Birth and Fetal Demise
A still birth occurs when a mother loses her baby between the 20th week of pregnancy and birth. Still births can be caused by complications of pregnancy or birth such as: Preeclampsia – when an expectant mother develops high blood pressure during her pregnancy. Chorioamnionitis – an infection an expecting mother can suffer when bacteria moves upward into her uterus and affects the placenta and the membranes around the baby. Cord Prolapse – when the umbilical cord comes through the birth canal before the baby. If this happens in a hospital, action must be taken by the physicians and/or nurses...
read moreBoating Accidents in Florida
With its year-round warm weather, Florida is one of the most popular places for boating in the country. Unfortunately, Florida also has a higher amount of boating accidents per year than any other state in the United States. Boating accidents are often caused by inexperienced or careless operators driving their boat too fast for the conditions, not maintaining a proper lookout or operating their boat while they are under the influence of alcohol or drugs. In Florida there is no minimum age to operate a boat.[1] Section 327.395(1), Florida Statutes, provides that anyone born after January 1, 1988, must have...
read moreMedical Malpractice Damages Caps in Florida
Currently, in most cases, there are no caps on the amount of damages that can be recovered by the victim of medical malpractice. Section 766.118(2)(a), Florida Statutes, imposed certain caps on the Non-Economic Damages (pain and suffering) that victims of medical malpractice could recover, however, the Florida Courts have since found that statute to be unconstitutional. When enacted, the statute provided for different caps on Non-Economic Damages depending on the circumstances and the type of Health Care Provider involved, i.e. Emergency Department, Physician, Hospital, Wrongful Death or Catastrophic Injuries. For example, the statute provided that non-economic damages for the negligence...
read moreStrokes
Unfortunately, strokes are rather common. While certain risk factors can make people more likely to have strokes, a stroke can happen to anyone at any age. There are three main types of strokes: Ischemic Stroke Ischemic strokes are the most common type of stroke. According to the CDC, 87% of strokes are ischemic strokes.[1] An ischemic stroke occurs when an artery that supplies blood to the brain is blocked. The blockage reduces the blood flow and oxygen to the brain, leading to brain damage.[2] The main cause of an ischemic stroke is fatty deposits lining the walls of the blood...
read moreRetained Foreign Objects – Medical Negligence
A retained foreign object is a surgical instrument that is accidentally left inside of the patient’s body during surgery. These can include surgical instruments such as forceps or scalpels, clamps, needles, screws, sponges or anything else used by the surgeon during surgery. Before and after the surgical procedure, it is the Standard of Care for the surgeon and the Hospital Operating Room Nursing Staff to carefully count all of the instruments and other items to ensure that nothing was left inside the patient during the surgery. These counts must be documented in the Hospital Chart. When a surgeon is finishing...
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