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Articles Posted in Medical Malpractice

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How Long Does a Medical Negligence Claim Take? Orlando Medical Malpractice Lawyer Weighs In

One of the most frequently-asked questions of an Orlando medical malpractice lawyer is: How long does a medical negligence claim take? It’s an important one, so we understand why it is raised so often. However, the best answer we can give is: It depends.  Some medical negligence claims can take…

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Birth Injury Verdict Results in $11.35M Verdict for Brain Injury

Living in an age of medical and scientific advancements, we have a tendency to think of our health care providers – and specialist doctors in particular – as being infallible. The truth of the mater is they are simply human who can cause harm even when they are trying to…

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Medical Malpractice Lawsuit: Misplaced Catheter Causes Blood Infection, Death

Urinary catheters are used in many medical settings to help patients with bladder dysfunction (or temporary inability, sometimes due to surgery or other conditions) to continuously drain urine. They can be inserted in men and women, and research has established they are used by between 15 percent and 25 percent…

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Otherwise “Unconstitutional” Caps in Med-Mal Lawsuit Damages Alive & Well – Thanks to Arbitration

Caps on non-economic damages in medical malpractice lawsuits – set at $250,000 per incident under Gov. Jeb Bush – are unconstitutional. The Florida Supreme Court decided this soundly – first in the 2015 case of Estate of McCall v. U.S. (medical malpractice wrongful death cases) and again in 2017 with…

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Report: Florida Surgical Centers Booming, But Ill-Equipped for Emergencies

The number of surgical centers in the U.S. has ballooned in recent years to more than 5,600. These facilities started several decades ago as a low-cost alternative for patients undergoing minor surgeries. However, these centers now outnumber hospitals, and federal regulators are approving them for an increasing number of complex…

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South Florida Sees Increase in Deaths Involving Plastic Surgery

Plastic surgery, like any surgery, carries risks. While it is not typically as dangerous as something like open heart surgery in most cases, patients are trusting the skill, experience, and professionalism of their surgeons and anesthesiologists to not only do an aesthetically good job, but also to perform the operation…

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Florida Medical Malpractice Lawsuits Rarely Lead to Medical Board Discipline

Medical malpractice lawsuits in Florida are an indication to the state’s Department of Health that a doctor may be a potential danger to current and future patients. Regardless of the outcome of the case, the state is required by law to review those cases, identify problem doctors and take appropriate…

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Florida Supreme Court Strikes Down Medical Malpractice Damages Cap

According to a recent news article from the Orlando Sentinel, the Florida Supreme Court has just ruled that the existing damages cap on medical malpractice lawsuits is unconstitutional.  The bill in question was signed into law by then-Governor Jeb Bush in 2003.  It was very controversial at the time and…

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Report: Fewer Medical Malpractice Claims Win, But Payouts Higher

A new analysis by Harvard Medical School researchers indicates that while the number of successful medical malpractice claims in the U.S. has fallen – dramatically so – the average payout in successful claims has risen. Between 1992 and 2014, the number of medical malpractice claims nationally that resulted in a…

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Loss of Chance Doctrine in Florida Medical Malpractice Claims

In most medical malpractice lawsuits, plaintiffs have to prove “but-for” causation. What this means is but for the negligence of the medical professional, plaintiff would not have suffered an adverse outcome.  However, this burden of proof would leave those who already had terminal conditions or residual chances of survival or…

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