Coral Gables, Florida Personal Injury Law Blog

Retained Foreign Objects – Medical Negligence

by Bonner Law | Aug 04, 2020 | Medical Issues/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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Elder Abuse Laws in Florida

by Bonner Law | Jul 14, 2020 | Legal Questions/Issues

Sadly, elder abuse and neglect is not uncommon.  While a majority of elder abusers are relatives of the vulnerable older adult, Skilled Nursing Facilities, Adult Living Facilities and Acute Care Hospitals account for a significant portion abuse and neglect cases.   To address Elder Abuse, Florida has adopted the Adult Protective Services Act which states that “[a] vulnerable adult who has been abused, neglected, or exploited” may bring a cause of action against the perpetrator “and may recover actual and punitive damages for such abuse, neglect, or exploitation.” Fla. Stat. § 415.1111. Pursuant to Florida Statute 415.102(28), a “vulnerable adult” is...

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Jaundice in Newborns

by Bonner Law | Jul 14, 2020 | Medical Issues/Negligence

Jaundice is a common condition in newborns where the baby’s skin and the white part of their eyes appear yellow. For some babies, Jaundice will go away on its own; but for other babies, treatment is necessary and without treatment there could be serious health consequences. Jaundice is caused by a surplus of Bilirubin in the blood.  Bilirubin is waste created by fetal red blood cells breaking down after birth.  Bilirubin is usually filtered out by the liver but because newborns have a greater amount of red blood cells and their livers are not yet fully developed, the excess Bilirubin...

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Michael P. Bonner, Esq. named 2020 Florida Super Lawyer!

by Bonner Law | Jun 25, 2020 | Firm News

[box]  We would like to congratulate Michael P. Bonner, Esq. for being named for the 5th consecutive year as a FLORIDA SUPER LAWYER.  Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.  This recognition is only given to 5% of attorneys in Florida and we are honored that Mr. Bonner is considered in such high regard by his peers and colleagues.[/box]

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Common Birth Injuries

by Bonner Law | Jun 24, 2020 | Medical Issues/Negligence

A birth injury is an injury that occurs during labor and delivery.  These injuries can be caused by oxygen deprivation or trauma. The consequences of birth related injuries are often catastrophic and can affect the parents and the child profoundly for the rest of their lives.  Although rare, birthrelated injuries can be caused by a healthcare provider’s failure to provide adequate care to the mother and baby during the pregnancy or during the labor and delivery. Common types of birth injuries include: Brachial Plexus Injury:  This is an injury to a set of nerves in the shoulder and neck that...

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Who Can Obtain Medical Records After the Death of a Hospital Patient in Florida?

by Bonner Law | Jun 16, 2020 | Legal Questions/Issues

Following the death of a hospital patient, the family members of the deceased may have questions regarding the death and wish to see a copy of their deceased family member’s medical records.  Pursuant to Florida Statute §395.3025, “any licensed [medical] facility shall, upon request” provide a copy of the deceased patient’s medical records to the Personal Representative of the deceased patient.[i]  This Florida law is consistent with HIPAA (Health Insurance Portability and Accountability Act) which states that if a person “has authority to act on behalf of a deceased individual or of the individual’s estate,” such person shall have access...

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Wrongful Birth Claims in Florida

by Bonner Law | Jun 14, 2020 | Legal Questions/Issues

[caption id="attachment_272" align="alignnone" width="200"] Portrait of girl smiling[/caption] The State of Florida does not recognize “Wrongful Life” as a cause of action, explaining that “the relative value of human existence over human nonexistence is not a matter cognizable under Florida tort law.  There is no right to remain unborn.” Kush v. Lloyd, 616 So. 2d 415, 423 (Fla. 1992).  However, Florida does recognize “Wrongful Birth” as a cause of action. A Wrongful Birth claim is brought by parents of a child born with a genetic or congenital disease claiming that had their physician warned them about the genetic or congenital...

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Pulmonary Embolism

by Bonner Law | Jun 04, 2020 | Medical Issues/Negligence

A Pulmonary Embolism occurs when one of the pulmonary arteries in the lung becomes blocked by a blood clot.[i] A common cause of pulmonary embolisms is deep vein thrombosis. Deep vein thrombosis (DVT) occurs when a blood clot forms in a deep vein in another part of the body, usually the leg, breaks free and then moves through the bloodstream to the lungs.[ii]  If a clot develops in the vein and it stays there, it is called a thrombus.  If the clot detaches from the wall of the vein and travels to another part of the body, it is called...

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Welcome Blog

by Bonner Law | Nov 13, 2019 | Firm News

We established this blog to share stories and information about topics relevant to our practice. Our intent is to regularly provide posts highlighting legal issues of local, state and national interest that we think you will find interesting. Check back later for updates.

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