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Archive for the ‘Medical Malpractice’ Category

Jacksonville Mother Finds Epidural Needle in Her Spine 14 Years After Giving Birth

Posted on: March 29th, 2018 by pmilakovic No Comments

You may have read in the news recently about a mother from Jacksonville, Florida that recently discovered doctors left an epidural needle in her spine, fourteen years ago.  Amy Bright, 41 years old, has endured many years of severe back pain.  The source of that pain was discovered when she recently underwent a “CT scan in 2017 which revealed that three centimeters of the needle was embedded into her spine,” according to Independent.  After the scan, her doctors told her “that because of the needle’s location, it will be too risky to remove, leaving Bright with no choice other than to live with it inside of her and treat the pain with medication.”  The article goes on to say that because of the way the epidural was administered, and the size of the needle, the medical professionals must have known the needle was left inside of the Jacksonville mother.  The mother said, “It has gotten to the point where it just burns constantly.”  The Miami Herald reported the mother as saying that the pain “also shoots down the left side of my leg on my calf… and then down and into my foot.”  According to her attorney, “It’s documented in her medical records that they had an unsuccessful spinal needle attempt at Naval Hospital Jacksonville in September of 2003.”

This unbelievable account is more common than you may realize.  Medical malpractice has become a leading cause of death in this country.  CNBC reports that it is now the third leading cause of death claiming the lives of between 250,000 and 440,000 every year.  We rely on the medical community for treatment and quality of life.  Unfortunately, experiences like those of Amy Bright have led many to question medical practices.

Medical malpractice litigation is complex.  Understanding the law, and science behind medical procedures is critical to the success of your claim.  Dealing with insurance companies, deposing medical professionals, pouring through medical documents, and calculating the full extent of damages are just a few of the components that go into a thorough claim of medical malpractice.  Unavoidable mistakes sometimes happen, but more often than not patients are injured or killed by careless mistakes.

If you or a loved one have been injured by a medical professional, contact Bryan W. Crews today.  The dedicated attorneys at Bryan W. Crews will evaluate your claim for free.  Statistics published by the Institute of Medicine and the National Academy of Sciences found that roughly 98,000 patients die per year in hospitals due to medical errors.  Do not hesitate to contact an attorney, and do not be intimidated by insurance companies.

Things You Need To Know About Medical Malpractice Cases

Posted on: March 18th, 2018 by ContentDev No Comments

Medical malpractice cases are generally sought by patients who have been harmed due to poor medical treatment from a medical practitioner. It is one of the most complex kinds of personal injury law. Believe it or not, medical negligence is the third leading cause of death in the United States!

Some Important Facts:

Legal Definition

Medical malpractice is any act committed by a physician or other healthcare provider during treatment which causes injury or damages.

How do you determine if someone is the victim of medical negligence?

There are several ways to tell whether you or someone you know may have been a victim of medical malpractice.

What should you do if you suspect that you’ve been subjected to negligent care?
If you believe that you or someone you know has been injured because of a medical error, contacting a seasoned malpractice attorney should be the first step. Always consult a best personal injury attorney with a vast amount of experience with medical malpractice cases, as they will likely have a higher rate of success. It is possible to know whether you have a case only after the medical records have been reviewed and experts have been consulted.
After a thorough review, your attorney will be able to determine whether or not your case is actionable.

Who decides if a practitioner committed malpractice?
Eventually, a jury or a judge decides whether a doctor committed malpractice. The judge or jury will hear testimony from the victim (if capable of testifying), the defendant, various witnesses who know something about the case, and expert witnesses.

How Long You Have to File a Claim
It is important to find out how much time you have to legally bring the claim while deciding whether to file a medical malpractice claim. A statute of limitations is the deadline or time limit for which you must file a lawsuit for all civil claims. To ensure the time period for filing a claim doesn’t run out, always check the state laws in your particular state.

How To Claim Against Medical Malpractices In Orlando, FL

Posted on: January 20th, 2018 by ContentDev No Comments

When a patient is injured due to the negligence of a medical professional, they may be able to file a lawsuit. Claiming a medical malpractice, especially in Florida is not an easy task. It is quite complicated as you will have to meet a few officials and prove the cause of injury to successfully claim against a doctor, nurse or any healthcare professional.

Breach of the Standard of Care

Standard of care is a medical or psychological treatment guideline. If your treatment was not in line with these basic guidelines, and if you had to suffer severe damage due to this, you have complete right to file a lawsuit. First and foremost, there must be evidence that the doctor, nurse or other medical malpractice breached the applicable standard of care owed to you or your loved one. To establish that a breach occurred, Florida’s Malpractice Act requires that you find a medical expert practicing in the same field as the doctor who committed the alleged malpractice and obtain a sworn affidavit from the doctor. Without this affidavit, your claim will be invalid and not accepted by the court.

Damages

To make Florida Medical Malpractice claim viable, there must be a significant harm to you or your loved one. This is because the cost of initiating a medical malpractice claim is high. You have to prove the damage lest your claim will be thrown out of the court. As discussed above, you must consult a medical expert to review your file and make a confirmation as to whether malpractice occurred. Usually, medical experts in Florida do not do this for free. In fact, many charge a hefty sum and might burn your pocket. This means your injury must be serious enough to have resulted in severe medical expenses, missed time from work, and caused extreme pain and loss.

Proximate Causation

Along with establishing a breach of the standard of care, you must also prove causation. In law, a proximate cause is an event that is related to an injury that the courts deem the event to be the cause of that injury. This means that you have the burden of proving that the doctor’s breach was the “proximate cause” of your injury. Basically, there must be evidence that, if not for the doctor’s negligence, your injuries would not have occurred.

Now that you have a basic idea of initial formalities required, it is quintessential to take action on time. Why? If you fail to file a claim within the defined time limit, you could be barred from ever pursuing compensation.

In Florida, you have two years, starting from the date of the injury or when you reasonably determined you were injured, to file a medical malpractice lawsuit. If you or a loved one is considering taking legal action, do not delay in consulting with an attorney about your legal option.

If you or a loved one was seriously harmed by a doctor, surgeon, nurse, etc. contact the experienced Florida medical malpractice attorneys. Our attorneys will take the time to review your medical records to determine whether a mistake or negligent act occurred. We can also sit down and discuss your potential legal options during a confidential consultation upon at your convenience.

Altamonte Medical Malpractice Attorney

Posted on: December 25th, 2017 by pmilakovic No Comments

Over the last decade in the United States, patients have filed over 400,000 adverse action reports against medical practitioners according to the latest data from the National Practitioner Data Bank.  When our health is at risk, we turn to medical professionals for care.  The last thing any patient expects is to have their health jeopardized through the incompetence of a nurse, physician’s assistant, or doctor.  Medical malpractice is increasingly common and can leave patients devastated.  Existing health concerns compounded by the shock of a medical procedure gone wrong, and the long term effects of dealing with medical malpractice.

In Florida, there were over 24,000 adverse action reports filed by patients during the same time period according to the National Practitioner Data Bank.  Statistics published by the Institute of Medicine and the National Academy of Sciences found that roughly 98,000 patients die per year in hospitals due to medical errors.  Unfortunately, not all medical professionals are held responsible.  If you or a loved one have been impacted by medical malpractice, contact Bryan W. Crews, your Altamonte personal injury attorney.  Bryan W. Crews is a personal injury lawyer and regularly handles medical malpractice claims.  If you have been harmed by the negligence of a medical professional, you deserve to be compensated for your injury.

Common causes of medical malpractice are failure to follow established procedures and protocol, unsanitary medical instruments, leaving medical tools inside of a patient after surgery, misdiagnosis, operating on the wrong limb, administering the wrong medicine, administering the wrong blood type during a transfusion, and a number of other deviations from the standard of car.  Doctors are professionals, and they are required to operate according to the highest levels of established care.  Surgeons often work long hours and as their shifts are prolonged, the risk of medical malpractice increases dramatically.

Thousands suffer every year from medical malpractice.  Statistics show that not all doctors are disciplined by their licensing authorities.  Do not be intimated by hospitals and insurance companies.  If you or a loved one have been injured due to medical malpractice, Bryan W. Crews can help.  You deserve to be compensated for the pain and suffering you have endured.

In Florida, there are special rules that plaintiffs must follow prior to filing a lawsuit.  If you have been injured by a medical professional, you should consider retaining the services of competent legal counsel.  Per § 766.106, you must mail a notice of intent to sue to the health care provider prior to filing a lawsuit.  This notice, per the statute, “must include, if available, a list of all known health care providers seen by the claimant for the injuries complained of subsequent to the alleged act of negligence, all known health care providers during the 2-year period prior to the alleged act of negligence who treated or evaluated the claimant, copies of all of the medical records relied upon by the expert in signing the affidavit, and the executed authorization form provided in s. 766.1065.”  In addition, this starts a 90 day clock for the statute refers to as pre-suit investigation.  This is a complicated set of rules designed to vet claims prior to initiating a lawsuit.

In 2017, the Florida Supreme Court ruled that caps on damage awards in medical malpractice cases were unconstitutional.  Previously, there was a $500,000 cap on non-economic damages, or in other words, pain and suffering damages.  There was also a $1,000,000 cap on non-economic damages in death or vegetative state cases.

Bryan W. Crews is a personal injury attorney serving residents in the greater Altamonte area.  With his decades of experience, and dedicated staff, Bryan W. Crews will fight tirelessly to secure the maximum compensation for your medical malpractice claim.  Call today for a free case evaluation.

Medical Malpractice

Posted on: October 3rd, 2017 by pmilakovic No Comments

Doctors and medical professionals perform an invaluable service, improving and saving countless lives.  Their services, and advancements in medical technology have led to increased lifespan and quality of life for many Americans.  Despite their accomplishments and honorable endeavors, medical malpractice, according to a 2016 study, “may now be the third-leading cause of death in the United States – claiming 251,000 lives every year, more than respiratory disease, accidents, stroke and Alzheimer’s.  These numbers include everything from bad doctors to more systemic issues such as communication breakdowns when patients are handed off from one department to another.”  According to the National Practitioner Data Bank there were over 24,000 adverse action reports from 2012 to 2016 in Florida alone, and 433,151 adverse action reports nationally during that same time.

We place great trust in out physicians.  Medical procedures are inherently risky, and we turn to seasoned medical professionals for treatment.  When that trust is broken, it can be devastating, leaving patients with long term injury.  Bryan W. Crews is a medical malpractice attorney skilled in personal injury.  As a season personal injury attorney, Bryan W. Crews evaluates each case thoroughly, reviewing the facts to seek the highest possible recovery.  Florida is one of the top four states for instances of medical malpractice.

Tragically, routine steps during the course of surgery often result in injury or death.  In 2003, a young girl from Mexico died during a heart transplant at Duke University Hospital.   Her death was the result of “a heart lung transplant with organs of the wrong blood type. Ms. Santillán had type O blood; the organs were type A and her body rejected them, sending her into a coma like state.”  After waiting for three years to receive a transplant, and an unsuccessful attempt to correct the failed surgery, the young girl from Mexico who came to America for medical treatment slipped into a coma due to complications was eventually disconnected from life support.

Other examples of medical malpractice include bypassing the wrong artery, performing surgery on the wrong patient, drilling a hole on the wrong side of a patient’s head, a fertility clinic impregnating a woman with the wrong sperm, ignoring patients in the emergency room for 24 hours, improperly administering anesthesia, leaving surgical tools inside a patient, and amputating the wrong leg.  Medical malpractice is unacceptable, and you have every right under the law to be compensated for your injuries, or the loss of a family member due to negligence.  Physicians undergo years of training and education.  Their expertise should be the cause of healing, comfort, and renewed qualify of life for patients.  However, more and more, doctors and medical professionals are operating in complete disregard for the well-being of their patient’s.

As skilled professionals, doctors are held to a national standard.  Their conduct is judged according to accepted practices within their professional community.  When their practice deviates from this standard, or they act carelessly, they are liable for the resulting physical and mental anguish.

Plaintiffs are entitled to compensation for all damages.  Including fair, adequate, and complete compensation for economic damages, such as medical expenses, lost wages due to time away from work, and noneconomic damages, such as pain and suffering.  You even have a right to future damages.  Incapacitated plaintiffs can demand or sue for impaired future earning capacity.

Using the legal system to secure compensation also sends a message to the medical community.  As the statistics above show, medical malpractice is on the rise, and has affected countless Americans and Floridians alike.  If you or a family member in Orland have suffered an injury due to medical malpractice, contact Bryan W. Crews, your Orlando medical malpractice attorney.

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