Medical Malpractice Category Archives - Page 4 of 4 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Florida Medical Malpractice Notification Requirements

Published on: January 2, 2015 | by Law Offices of Robert Dixon

Medical malpractice is a complex area of law. Incidents of medical mishaps depend heavily upon having significant and concrete evidence to show a medical institute’s or doctor’s malpractice. Establishing accountability is no easy task. This is precisely why it is important to consult a qualified Miami injury lawyer if you are dealing with a potential medical malpractice claim. We can help assess the merits and validity of your case.

In the case of Young v. Naples Community Hospital, Florida’s Second District Court of Appeals outlined certain procedural requirements that an individual suing for medical negligence must meet before initiating a lawsuit.

Ms. Young was taken to Naples Community Hospital (NCH) in 2006 after experiencing extreme abdominal pain and vomiting. The staff did tests on the patient, including a CT scan that was analyzed by Dr. Grennan, who stated that the results were “unremarkable.” Ms. Young was still checked in to the hospital due to other tests that were conducted. A later rest revealed a problem in the patient’s mesenteric artery.

At that time, the CT scan performed earlier was re-analyzed by other physicians who concluded that the patient had a blood clot in the artery. An hour later, surgery was done to remedy this issue. However, the patient had to stay in the hospital for about four weeks because of problems from the operation. Continue Reading ›

Florida’s Medical Negligence Damages Cap

Published on: December 12, 2014 | by Law Offices of Robert Dixon

Like a number of other states across the U.S., Florida has a cap on medical negligence damages that can be awarded to a plaintiff in a medical malpractice case. Simply put, this means there is a maximum amount of financial compensation that a Florida plaintiff can recover for non-economic damages in a medical malpractice claim under state law. This rule does have some exceptions. Each case is different and will be evaluated by a court on a case-by-case basis. If you or someone you know has been injured in a medical malpractice case, it is best to seek the help of a qualified Miami medical malpractice attorney who can help you get the compensation you deserve.

Medical malpractice refers to medical negligence. It occurs when a healthcare provider does not offer a reasonable standard of care. Under Florida law, an acceptable standard of care is defined as “the level of care, skill and treatment which is recognized as acceptable and appropriate by reasonably prudent, similar healthcare providers under similar circumstances.” In other words, the healthcare professional must act the same way another sensible healthcare professional would act in the same or similar situation. Healthcare providers include physicians, dentists, chiropractors, nurses, and more.

In order to recover damages in a medical malpractice case, the plaintiff must establish the elements of negligence. There are four basic elements that must be present. The healthcare professional must have owed the patient a duty of care, the healthcare professional must have breached the duty of care owed to the patient, the patient must have suffered harm as a direct consequence of the healthcare professional’s breach, and there must be actual damages that the plaintiff can identify. Continue Reading ›

Florida Supreme Court Deems Noneconomic Damages Cap Unconstitutional in Wrongful Death Case – McCall v. United States

Published on: July 11, 2014 | by Law Offices of Robert Dixon

In Estate of McCall v. Unites States of America, the Florida Supreme Court struck down the cap on noneconomic damages in medical malpractice lawsuits ruling it a violation of the State Constitution’s Equal Protection Clause.

Noneconomic damages typically consist of nonmonetary damages the victim has suffered such as pain and suffering, physical impairment, mental anguish, loss of consortium, loss of enjoyment and other losses that do not directly relate to pecuniary losses.

In 2003, the Florida legislature had passed a statute limiting the noneconomic damages plaintiffs could recover in medical malpractice cases. Under the statute, claimants could recover $500,000 or $1,000,000 in certain circumstances such as a wrongful death case. Continue Reading ›