Articles Posted in Medical Malpractice

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Sometimes a very unfortunate event affects those who cannot advocate for themselves because they are under the age of 18. If your child is injured on a playground, in a car accident, in a bicycle accident, at a store or in any way that results in a physical injury to your child and is someone else’s fault, you as their parent have the ability to bring a lawsuit on their behalf.

Children have the same access to remedies for harm to them as adults do and as their parents, you also have a right to recover medical expenses you incur while tending to the needs of your injured child.

Boy with broken arm
Children have special rules in court. Some of these exceptions are:

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Someone rear ends you or hits you as your driving down the street. At the moment you don’t notice any pain or obvious injuries but as the weeks go on you notice discomfort in your neck, back, knees or other parts of your body. A common misconception among those injured in auto accidents in Miami is if they do not make the claim for injuries immediately after reporting the accident they are barred from recovery for injuries developed or intensifying in the future. Or you notice that the auto shop you took your car to for repairs did not adequately or completely make the fixes to your vehicle. These situations are common in the Miami- Dade, Coral Gables and all other surrounding areas in South Florida.

Hourglass-shutterstock_208770109-e1440429398143Every state has a statute of limitations that dictates how long a party has to bring a claim against those that injured them or breached the contract or duty owed to them. In Florida the statute of limitations includes but is not limited to the following:

Injury to Person 4 yrs. §95.11(3)(o)
Libel/Slander 2 yrs. §95.11(4)(g)
Fraud 4 yrs. §95.11(3)(j)
Injury to Personal Property 4 yrs. §95.11(3)(h)
Professional Malpractice 2 yrs.; Medical: 2-4 yrs. §95.11(4)(a) and (b)
Trespass 4 yrs. §95.11(3)(g)
Contracts Written: 5 yrs. §95.11(2)(b), 1 yr. specific performance§95.11(5)(a)Oral: 4 yrs. §95.11(3)(k)
Judgments 20 yrs. domestic §95.11(1); 5 yrs. foreign judgment §95.11(2)(a)
   

From: http://statelaws.findlaw.com/florida-law/florida-civil-statute-of-limitations-laws.html

For a more complete list of the applicable statute of limitations in Florida see Florida Statute 95.11

Statutes of limitations involve many exceptions and cross reference with other applicable Florida laws. To assist in what can be a difficult area to understand and navigate the Experienced Personal Injury Lawyers at Friedland Law Group are ready and eager to assist you immediately. Having a lawyer familiar with this area of law and experienced in handling all types of cases can make all the difference in the outcome of your claim.

The South Florida personal injury attorneys at the Friedland Law Group handle all types of negligence, product liability, personal injury, negligent security, slip/trip and fall, and car accident cases throughout the state of Florida, including Boca Raton, Homestead, North Miami, South Miami, Miami Beach, Coral Gables, Pembroke Pines, Hialeah, Kendall, Aventura, Fort Lauderdale, and Palm Beach. The Friedland Law Group handles all types of personal injury cases, including dog bites, wrongful death, defective products, medical malpractice, slip and falls, negligent and reckless drivers, and automobile and motorcycle accidents. Call the Miami personal injury attorneys today and let our family take care of your family.

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pilPersonal injury law is utilized when someone causes physical harm to another and the injured wants to be made whole or compensated for that injury. The experienced attorneys at Friedland Law Group provide free consultations to those who believe they may have a case and are seeking more information on the options available to them. Examples of situations when people normally seek personal injury lawyers in Miami, Coral Gables, and the surrounding areas include but are not limited to:

Auto accidents,

Trip and falls/slip and fall: There are many dangerous conditions like torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and be injured. Same goes if someone trips on a broken or cracked public sidewalks, or falls down a flight of stairs. In addition, a slip and fall case might arise when someone slips or falls outdoors because of rain, ice, snow or a hidden hazard, such as a pothole in the ground. In any event, the plaintiff must have sustained some kind of injury, however minor, in order to collect, http://injury.findlaw.com/torts-and-personal-injuries/slip-and-fall-accidents-overview.html

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An unnamed man has sued the Palm Springs Hospital in Hialeah for assault and sexual battery after an incident earlier this year. The lawsuit claims $5 million in damages for the alleged battery. Police questioned and arrested Rene Martinez in connection with the sexual assault on John Doe in September, who waited to report the incident. The victim claims that he did not report the incident right away because he was afraid that the incident wouldn’t be believed by officials.

You can read more about the disturbing incident reported by the Miami Herald here.

The victim, known only as John Doe on the court documents, claims to have recorded the incident while pretending to be asleep. Nurse abuse is a largely litigated area of personal injury. The attorneys of the Friedland Law Group have experience with the complex litigation involved with nurse abuse, and have even secured several large settlements and verdicts for clients injured in the health care system. If you or a loved one has been injured due to the negligence or intentional abuse of another, call the Friedland Law Group today!

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A resident of Oregon, Betty Schwartz, has filed a major personal injury and products liability case against the manufacturer of a metal-on-metal hip joint replacement, claiming multiple sources of damages. The lawsuit alleges that the manufacturer of her hip joint, Biomet, ignored the evidence of the damages caused by their product, labelled the “Magnum,” and continued to market a dangerous product that caused a slough of health related issues, including extreme pain, loss of motion, and even toxic metal build up in the blood. The Food and Drug Administration apparently had been receiving complaints as early as 2006 about metal-on-metal joint products like the “Magnum,” and reported this to the manufacturers.

Products like metal implants can cause more than just the original loss of motion, pain, and the alleged toxic metal build up in the blood. If a product is found to be defective, or endangering the health of the patient, the product has to be removed to prevent further damage. A second hip replacement surgery is more difficult, more painful, and oftentimes not as successful, due to a more complicated entry, less bone to work with, and the possibility of additional scar tissue and damage. Injuries caused by the faulty implant can therefore lead to a multitude of extended damages and injuries, and keep the patient immobile for a long time. You can read more about Betty Schwartz’ case, and determine more about the manufacturers that made and make these faulty joints here.

If you or someone you know has had complications with medical implants or joint replacements, call the Friedland Law Group today! The attorneys at the Friedland Law Group have handled a spectrum of cases concerning products liability, personal injury, and medical malpractice, and have the skills needed to get you the compensation you deserve. Check out our website, friedlandlawgroup.com to see a list of similar cases where our attorneys have obtained large settlements and court victories for victims of negligence and products liability.

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Plaintiff’s attorneys and law professors alike are abuzz with speculation on the effects of an March 2014 Florida Supreme court decision that strikes down caps on non-economic damages in medical malpractice wrongful death claims. In the 5-2 decision, the Florida Supreme Court decided that the 2003 law putting a $1 million cap on pain and suffering violated the equal protection clause of the Florida Constitution, and therefore could not stand. While the case itself focused only on the wrongful death statute and medical malpractice, the effects of the case’s decision may be used to overturn similar statutes in other states, and possibly in other areas of personal injury and negligence law.

According to several experts in the field of medical malpractice, there are a number of ways that this decision could change the way that plaintiff’s attorneys can handle cases. Not only will this mean that plaintiff’s attorneys can look for more damages for the families of victims, but it also gives plaintiff’s attorneys a new way to attack the monetary limitations. While several states have overturned caps like these using constitutional means, the Florida Supreme Court used a different strategy for overturning the cap. The court explained that the medical malpractice insurance crisis that was the premise for the 2003 law was not based in fact, and that there was no legitimate government interest in continuing to alleviate a crisis that is not factually supported.

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So what does that mean for Plaintiff’s attorneys? There are a lot of hopeful experts that believe this will mean larger payouts to victims of medical malpractice, a new look at these caps and their constitutionality, and an overall beneficial effect on the area of Plaintiff’s law. It could even challenge caps in other areas, including personal injury, using a similar strategy of attacking the idea that there is a serious crisis of available funds in the insurance business.

Read More: Washington Examiner May 19, 2014

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med mal florida.jpg The members of a 2002 task force appointed by former Governor Jeb Bush are calling for a constitutional amendment in an effort to combat a Florida Supreme Court decision that struck down caps on certain medical malpractice awards. The task force members would like to place the malpractice caps on much more solid footing. The cap on non-economic damages, such as pain and suffering, was recommended to the legislature and passed in 2003. The five individuals who served on that task force reached out to Senate President Don Gaetz and House Speaker Will Weatherford on April 9 to speak about the proposed amendment. Voters would have to approve the proposed amendment. However, members of both chambers of the Florida Congress say the request comes too late in this year’s legislative session; no action can be taken at this point.

The legislation that was enacted in 2003 placed a $500,000 cap on non-economic damages in medical malpractice cases. The five task force members who signed the letter to the Senate President and House Speaker stated that the Florida Supreme Court decision left them in a “disheartening” position. The letter contained a request for legislators to put a constitutional amendment to the voters that would provide malpractice caps with constitutional authority and erase any questions about caps’ constitutionality. Last month, the Florida Supreme Court held that the medical malpractice caps violate the guarantee of equal protection provided in the state’s constitution.

Task force members urge malpractice cap amendment www.palmbeachpost.com April 15, 2014

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tripler.png A tentative $9 million settlement has been reached in a case involving a Virginia boy with cerebral palsy and his family against the Honolulu military hospital where he was born, according to attorneys for the boy and his family. One of the attorneys, Loretta Sheehan, said the amount, which was placed on the record on Monday in federal court in Honolulu, must be approved by the U.S. Department of Justice before it is declared final. Noah Whitney, the boy that is the basis of the lawsuit, was born in 2010 at Tripler Army Medical Center. His family’s lawsuit alleges that he was born with “catastrophic brain injury” because of medical negligence. The lawsuit includes allegations of failing to respond properly to signs and symptoms of uterine rupture and waiting too long to perform a cesarean section.

Noah’s mother, Laura, arrived at the hospital on September 7, 2010, when she was about thirty-five weeks pregnant, and complained of extreme lower abdominal pain. Laura’s pregnancy was closely monitored because she had experienced previous miscarriages and a complicated birthing process to have her first child, Evan. The lawsuit, which was filed in July 2012, states that Laura “was at risk for uterine rupture in connection with future pregnancies, including her pregnancy with Noah.” Based on this risk, the lawsuit alleges that there was a “failure to promptly notify and consult the obstetrician who had been managing” Laura’s pregnancy. Noah’s family blamed Tripler Army Medical Center for Noah’s serious brain injury. In the lawsuit, they stated that Noah “will require 24 hour per day care for the remainder of his life.”

Neither Tripler nor the assistant U.S. Attorney representing the government in the case have commented. Hazel Beh, a University of Hawaii law school professor, stated that medical malpractice settlements serve as a way for consumers to obtain information in an industry where it is often difficult to obtain information. However, the settlements are often confidential, except when a government agency is involved in the case. Beh commented, “It probably skews the perception for sure because you’ve got private entities that can keep it private. Certainly, the public has interests in these suits, as taxpayers.”

Lawyers: $9M settlement for boy’s cerebral palsy www.palmbeachpost.com January 29, 2013

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abubakar-atiq-durrani-304.jpg An Ohio jury recently awarded a woman more than $1 million in damages after it found that a Cincinnati spine doctor was negligent in performing surgery on the female patient. The verdict was announced after a weeklong trial. This is just one of dozens of lawsuits filed against a doctor that fled the state last month against a judge’s order. An arrest warrant has been issued for Dr. Abubakar Atiq Durrani, who is believed to be in Pakistan.

Michael Lyon, Durrani’s attorney, stated that he was “very surprised” by the decision and is contemplating an appeal. Lyon further stated that he thought the jury was displeased and mad that Dr. Durrani was not present for the trial. Lyon believes Dr. Durrani’s absence made it impossible for him to defend the case. It is doubtful Dr. Durrani will return to the United States because of his status as a “fugitive from justice.”

A number of former patients in the Cincinnati area filed lawsuits against Dr. Durrani alleging similar negligence. On top of these lawsuits, forty-five-year-old Dr. Durrani faces thirty-six federal criminal charges, including distributing controlled substances, lying about health care matters, and health care fraud. The federal indictment alleges that between 2008 and 2013, Dr. Durrani performed many unnecessary spine surgeries, often without waiting to observe the results of pain injections or related therapy treatments. Dr. Durrani performed this work in his private practice in both Cincinnati and Florence, Kentucky. Dr. Durrani allegedly lied to patients and told them that their medical situations were urgent and required immediate surgery. The federal indictment specifically states that Dr. Durrani “would often tell a patient that there was a risk of paralysis or the head would fall off it the patient was in a car accident because there was almost nothing attaching the head to the patient’s body.”

Ohio surgeon found negligent in 1 of many lawsuits, www.palmbeachpost.com January 14, 2013

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medical malpractice.jpg Washington’s Supreme Court declared yesterday that a Benton County resident’s medical malpractice case could go forward, after it found that a state provision which barred his case’s progress was unconstitutional. The court issued a 7-2 decision in the case of Jayrd Schroeder. Schroeder sued both a radiologist and a medical facility in Richland, Washington for allegedly failing to discover a medical condition when Schroeder was a young child.

The majority of the Washington Supreme Court justices declared that the trial court incorrectly dismissed Schroeder’s claim on the ground that it was filed after the statute of limitations expired. On appeal, Schroeder argued that a state law that restricted minors from delaying the time period imposed by the statute of limitations in medical malpractice cases violated the state’s constitution. The Supreme Court agreed with Schroeder’s position. Justice James Johnson authored the dissenting opinion and in it he stated that the legislature’s intent was clear in this situation. He stated that intent was to reduce medical malpractice insurance rates and prevent defendants from having to defend dated claims.

Wash. justices allow negligence claim to proceed, www.palmbeachpost.com January 16, 2013

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