| Gary T. Lazarus | 0 Comments | MEDICAL MALPRACTICE, Uncategorized

Florida House Bill Would Make Medical Malpractice Claims More Difficult

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A bill currently before the Florida Legislature would make proving medical malpractice claims against doctors more difficult. House Bill 385 would allow a lawyer for a doctor accused of malpractice to question other doctors who previously treated an injured patient in private. The bill’s sponsor, Representative Matt Gaetz of Fort Walton Beach, believes the law would entice more physicians to practice in Florida. He also said the bill is designed to limit unnecessary tests administered by Florida doctors merely to avoid a potential malpractice lawsuit. A similar bill, Senate Bill 1506, is also being considered in the Florida Senate.

Opponents of House Bill 385 believe the proposed law is unnecessary and would violate patient privacy rights. They argue the bill has the potential to destroy a patient’s relationship with his or her doctor. It would also purportedly eliminate a physician’s liability for failing to administer necessary health tests. According to the Office of Insurance Regulation, medical malpractice insurance rates for physicians in Florida have recently declined. Additionally, malpractice claims against Florida doctors dropped between 2009 and 2010.

Representative Gaetz said that doctors will still be held responsible for their actions under the bill. He also claims patients who sue their doctor in Florida give up their medical history privacy rights regardless of the proposed law. House Bill 385 originally included state funded financial protections for emergency room doctors as well. That language was removed after financial estimates determined such protections would cost Florida taxpayers as much as $24 million annually.

The State of Florida requires patients to notify a doctor who may be sued for medical malpractice prior to filing a lawsuit. Patients must also obtain an expert opinion which supports a malpractice claim based on negligence. In 2003, limits were placed on damages which could be paid out for specific medical malpractice claims in Florida.

Doctors, nurses, dentists, hospitals, and other health care providers must provide patients with a reasonable standard of care. If a health care provider fails to provide proper care, a patient may be able to file a malpractice lawsuit. In Florida, a patient who was the victim of medical malpractice has two years to file a claim. Because insurance companies have up to two years to evaluate a medical malpractice claim before a lawsuit may be filed, it is important to consult with a qualified medical malpractice lawyer to represent your interests as soon as possible.
Read more “Florida House Bill Would Make Medical Malpractice Claims More Difficult”

| lazaruslaw-2 | 0 Comments | HOSPITAL NEGLIGENCE, MEDICAL MALPRACTICE, PHARMACEUTICAL NELIGENCE, Uncategorized

World Health Organization’s Statement Raises Concerns Over Medical Malpractice and Pharmaceutical Errors in South Florida

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The World Health Organization made a startling claim this week regarding pharmaceutical error and medical malpractice in Central and South Florida.

According to the Reuters article, Liam Donaldson of the World Health Organization cited the following findings:

1- Individuals are more at risk from medical error than from flying.
2- The chances of medical error are “1 in 10” and the possibility of death is “1 in 300”.
3- 1.7 million infections in the U.S. are acquired in hospitals, leading to 100,000 deaths.
4- “Medication errors are common”.
5- The medical industry is in dire need of advanced technology and an increase in the amount of personnel to operate it.

Due to these alarming statistics, Mr. Donaldson believes that the state of medical care can not remain as it is and is in need of serious improvement. In an effort to minimize the quantity of medical errors and malpractice the World Health Organization has created a surgical safety checklist which could prevent 500,000 errors if used by hospitals. Our hope is that more hospitals in South Florida utilize this checklist and other protocols to prevent pharmaceutical errors and medical negligence thereby ensuring every patient’s safety.

| Gary T. Lazarus | 0 Comments | MEDICAL MALPRACTICE, NURSING HOME NEGLIGENCE, Uncategorized, WRONGFUL DEATH

Florida House Passing Bills to reform Medical Malpractice, Healthcare Lawsuits

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The Florida House of Representatives has been busy this month, with several bills to that, if made into laws, will affect medical malpractice cases. The Orlando Sentinel and Bloomberg Businessweek reported on the bills passed this session which may be detrimental to victims of negligence and medical malpractice.

One bill (HB 479) restricts the use of expert witnesses by requiring certificates for out-of-state experts to provide expert testimony. Another bill (HB 661) places a $300,000 cap for pain and suffering damages for wrongful death claims in nursing home cases.

According to Businessweek, proponents applaud these efforts to make Florida more pro-business and cut unnecessary costs associated with malpractice, while critics fear that plaintiffs’ claims will be faced with more barriers to relief for their damages. The Orlando Sentinel noted that while supporters of these bills note that Florida has faced difficult times with recruiting and retaining physicians, especially with higher premiums in Florida compared to most states, studies showed that the number of malpractice lawsuits and payouts in 2009 dropped since 2004 and the sizeable uninsured population and lack of residency-training programs in Florida were primary factors for the lack of physicians.

Nevertheless, changes are being made which will affect the way lawsuits are handled. Attorneys are constantly faced with adapting to new statutes and case precedent, creating new strategies to properly approach every case, especially in the wake of changing governance. We will continue to educate you, as well as ourselves, on new developments and changes to our legislation, so that we can continue to serve you in an intelligent and ethical manner.

| Gary T. Lazarus | 0 Comments | MEDICAL MALPRACTICE, NURSING HOME NEGLIGENCE, Uncategorized

End of Life Issues Raise Malpractice Questions

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Perhaps nowhere more than in the state of Florida, end-of-life considerations for elderly or infirmed people are at the forefront in the medical community. CBS News recently reported that end-of-life procedures may actually cause more pain and suffering in the final weeks leading to death. More than 80% of the annual deaths in the U.S. are attributed to long-term diseases, such as cancer, heart failure and Alzheimer’s. In the final weeks of life, the vast majority of patients and their doctors attempt radical or intensive treatments in an effort to save their lives through chemotherapy, radiation or experimental procedures.

According to the CBS News article published June 28, 2010, these treatments can take a drastic toll on the body, causing more pain in the last days of life than the disease would have likely caused if left untreated in many cases. In turn, these experiences can lead families of loved ones to sue doctors and hospitals for malpractice when treatments don’t work or cause increased suffering prior to death.

Determining Medical Malpractice
Medical malpractice can be tricky to prove. Just because a treatment doesn’t work doesn’t mean that it was administered incorrectly or with negligence. However, attempting radical procedures recklessly or with knowledge of possible harmful interactions can sometimes be grounds for malpractice. It’s important to work with an experienced Florida medical malpractice attorney to determine what the best course of action is for your case.

| lazaruslaw-2 | 0 Comments | MEDICAL MALPRACTICE, Uncategorized

South Florida Woman Dies After Receiving Liposuction at Weston Spa

Broward Medical Examiners confirmed that on Friday, October 13, Rohie Kah-Orukotan, a nurse and mother of three, died after spending two weeks in a coma after receiving liposuction at a spa in Weston, Florida.

According to the Sun Sentinel, the Miramar woman was pronounced brain-dead at some point after having a liposuction procedure on September 25 at Weston Medspa by Dr. Omar J. Brito-Marin. So far, the Florida Department of Health and the Broward Sheriff’s Office have not released the results of their investigation. The toxicology reports are also still pending, according to investigators.

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While the spa does not have a license to perform a full liposuction, they may perform a scaled down version of the procedure. Dr. Brito-Marin’s attorney stated that although the doctor was not aware of licensing issues, he only performed basic liposuction and followed all requirements under appropriate standard of care for this type of office surgery.

Our previous posting “Parents Sue for Wrongful Death of Teen While under General Anesthesia” discussed the risks involved with undergoing elective surgery. We noted how one study showed that almost one fourth percent of office-based surgeries result in death. According to a National Practitioner Data Bank Report in 2006, 73.3 percent of the NPDB reports concerned medical malpractice payments, with physicians being responsible for 235,942 of the reports, well above dentists and other types of practitioners.

The facts of this instance have yet to be determined, as officials are awaiting toxicology results and continue their investigation. However, cases such as these have become more prevalet due to the types of elective procedures now being conducted on an outpatient basis. It is up to the patient to investigate all of the qualifications of their physicians and of the facilities to ensure that they are properly licensed and qualified to perform these elective procedures.

| lazaruslaw-2 | 0 Comments | MEDICAL MALPRACTICE, Uncategorized

Parents Sue for Wrongful Death of Teen While Under General Anesthesia

In March 2008, 18-year old Stephanie Kuleba of Boca Raton, Florida went in for breast augmentation surgery. However, during surgery she suffered and died from malignant hyperthermia, a condition in which a person goes into cardiac arrest from a reaction to certain drugs used for general anesthesia.

On Wednesday, September 23, according to the Palm Beach Post, Joanne and Thomas Kuleba, parents of Stephanie, have filed a medical malpractice lawsuit against Dr. Steven Schuster and other doctors for failure to properly treat their daughter. The Kulebas are seeking damages and calling for a ban on general anesthesia being administered at outpatient centers because they believe that outpatient centers are ill-equipped to deal with emergencies.

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The American Society of Plastic Surgeons reports that there were 1,669,026 plastic procedures performed in 2008, of which 307,230 were procedures for breast augmentation; by far the most popular plastic surgery procedure. Moreover, teenagers 18-19 years old accounted for 8,983 of these procedures, about three percent of total patients. An ASPS story cited a 2004 study showing that less than one fourth percent of office-based surgeries resulted in death. Though this number seems small, the fact that kids are now electing to have plastic surgery at a young age shows that this is a matter of growing concern.

There is no doubt that advances in technology and developments in plastic procedures in recent years have made it safer, less expensive, and in some cases less invasive and with a shorter recovery time. However, as this story shows, even surgeries which by today’s standards are considered “routine” can have severe consequences. Despite the fact that Florida is filled with professional, reputable and distinguished doctors, things can go wrong and there are always risks involved when you go under the knife.

There are many precautions you can take before undergoing surgery. The most important step is to talk to your doctor about risks involved, learn as much as you can about the procedure, and be sure to notify the doctor of any conditions or health risks you have before undergoing any kind of surgery.

| lazaruslaw-2 | 0 Comments | DEFECTIVE PRODUCTS, MEDICAL MALPRACTICE, Uncategorized

South Florida Doctor Sued for Penile Implant Injury

A man in the Miami-Dade area is suing an urologist for malpractice after undergoing a penile-implant surgery which resulted in an infection and the removal of most of the man’s penis.

According to the Miami Herald, 62-year-old Enrique Milla claims that South Florida urologist Dr. Paul Perito performed the surgery, done to treat erectile dysfunction, without informing him of the risks involved with penile implant procedures among people with diabetes. The procedure was done in August of 2007. An infection developed which led to gangrene, ultimately resulting in the removal of most of the man’s penis. Furthermore, Millas is now also unable to have sexual intercourse and must sit down to urinate.

Dr. Perito is based in Coral Gables, FL and is considered a leader in penile implant surgery. According to his website, Dr. Perito has performed over 2,000 penile implant surgeries, and “The Perito Penile Implant” was developed by the doctor through his many years of experience. Both sides differ on their opinion as to whether diabetes is a factor which would make such as surgery too risky to perform.

| Gary T. Lazarus | 0 Comments | HOSPITAL NEGLIGENCE, MEDICAL MALPRACTICE, PHARMACEUTICAL NELIGENCE, Uncategorized

South Florida Hospital Sued for Malpractice for Brain Damage to Baby

St. Mary’s Medical Center in West Palm Beach, Florida is being sued by a pregnant woman for injuries her baby suffered when the hospital mistakenly gave the woman a drug which speeds up labor. The Miami Herald reports that the woman, Tesome Sampson, gave birth two months early and her baby suffered brain damage as a result of the drug. She and baby’s father, Frank Guy, filed suit for negligence against the hospital, its owner Tenet Healthcare, and other hospital personnel, claiming $3.5 million in medical costs.

In the hospital’s statement, it apologized and acknowledged that Sampson was given the wrong medication, and that the mistake was “an unfortunate error”. The drug, Prostin E2, has been approved by the FDA , and is commonly used for the termination of pregnancies and expelling uterine contents, and can be used to induce labor.

Sampson was admitted to the hospital on August 25, 2008, 24 weeks pregnant. She was put on bed rest, but ten days later was given the wrong drug and suffered severe cramps. Sampson was given a portable toilet, where the baby was delivered.

Hospitals are not impervious to error. In 1999, an Institute of Medicine study found that about 98,000 people die every year from medical errors. These errors can be attributed to a number of factors such as miscommunication or failure of communication between hospital personnel and inefficient safety systems. Human error also plays a part, sometimes due to hospital staff work long hours.

However, the consequences of such mistakes can be life-altering, or even lead to death. Our firm has handled cases such as this where a careless error, one that could have been easily avoided, has taken the most precious of life away- a child. Furthermore, medical errors can attribute to millions of dollars spent on additional care needed to treat medical errors, rehabilitative treatment, increased medical malpractice insurance costs, and litigation expenses. Hospitals must do their part at all levels of administration to implement appropriate measures to ensure safety of their patients.

| lazaruslaw-2 | 0 Comments | INSURANCE COVERAGE, MEDICAL MALPRACTICE, Uncategorized

Medical Malpractice and Uninsured Florida Doctors

Were you aware that pursuant to Florida law doctors are allowed to treat patients in our state without any insurance coverage? Not only are they allowed to do so but they have been allowed to go without malpractice coverage for decades. As a result, the following percentage of doctors opt out of medical malpractice coverage:

• 1/4 of the doctors in Broward and Palm Beach Counties;
• 1/3 of the doctors in Miami; and
• 1/8 of the doctors statewide.

Florida law states that doctors can go uninsured if they post signs in their offices and promise to pay up to $250,000 per malpractice award, with a maximum of $750,000 per year. Their penalty for not paying pursuant to statute is revocation of their medical license.

Ultimately, the victim’s desire is twofold; to ensure that what happened to them doesn’t happen to someone else in the future and to be compensated for the severe injuries that they have sustained at the hands of a doctor who rendered care that substantially deviated from the professional standards. Although revocation of the at fault doctor’s license is a remedy that is warranted in some instances; the amount of compensation mandated by the Florida legislature doesn’t begin to cover the damages of a catastrophic injury caused by medical malpractice.

This practice has left patients with valid malpractice claims unable to retain counsel to represent them in claims against these uninsured doctors and obtain financial compensation for their injuries. As a result, malpractice victims are less likely to sue doctors who don’t carry insurance and are paying the highest price of all…loss of their health, loss of their ability to earn a living, loss of their quality of life…all due to the malpractice of a doctor who is uninsured.

It’s amazing to believe, but despite the fact that medical doctors are allowed to practice without insurance coverage, Florida does require the following medical professions to obtain malpractice insurance: chiropractors, podiatrists, midwives, some nurses, acupuncturists and optometrists. Where is the logic in this?

| lazaruslaw-2 | 0 Comments | HOSPITAL NEGLIGENCE, MEDICAL MALPRACTICE, Uncategorized

South Florida Hospitals Fined for Lack of Specialists in ER Care.

In 2006 Palms West Hospital and St. Mary’s Medical Center failed to appropriately treat a child who was bleeding into the brain after being hit by a softball. As a direct result, the State of Florida has fined both St. Mary’s and Palm West Hospital hospitals and they have agreed to pay a combined meager $17,500.00 to the state. Although the settlement is a minor expense to the parent companies of Palms West and St. Mary’s, it is the largest state penalties levied against any hospital in this area over the past two years. In addition, both hospitals have changed how their emergency rooms handle emergency patients due to this and other incidents in which the hospitals failed to provide specialists in local emergency rooms.

After a thorough investigation of the incident, state inspectors fined St. Mary’s for their failure to adequately document how it handles emergency transfers from other hospitals. St. Mary’s was also was fined for their failure to provide emergency neurology services. (This was the type of specialist that was needed to render the proper treatment to the child at issue in this investigation.)

Several other local hospitals have been cited over the past five years for similar problems. In addition to fines and citations levied by the state, these patients and their families may be entitled to compensation for their injuries and /or death. Recently, another case of note is that of a Boca Raton woman who died after two hospital’s emergency rooms, West Boca Medical Center and Delray Medical Center were unable to find a neurosurgeon to render treatment to her following her stroke. Her family filed a medical malpractice suit and has received almost $2 million in a settlement.

It is clear that pursuant to state and federal “patient dumping” laws, hospitals that offer a specific service to insured and self-pay patients, also must offer the service for emergency patients. The reasoning behind this law is that hospitals that benefit financially from offering these specialists to their elective patients cannot refuse to provide them to their emergency room patients, some of whom may lack insurance coverage. This law prevents patients from being “dumped” onto other hospitals due to lack of insurance.

Lack of insurance should not determine the quality of care one receives when they are in need of emergent care in the hospital. Patients with severe and life threatening inures do not have luxury of time to shop around for the hospital that will have the necessary specialists to treat them with the degree of competence they deserve. If a patient who electively chooses a hospital for the high quality of their doctors can seek a specialist’s services, then an Emergency room patient in that same hospital should have the same right to be treated by the same high quality specialist. The practice of transferring ER patients to other hospitals at the expense of that patient’s well-being is morally repugnant and can not be justified by payment issues. This is emergent care- in many cases these patients must be attended to quickly in order to save their lives. Every second counts…their life depends on it.