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Recent Posts in Medical Malpractice Category

  • Nurse Liability in Malpractice Cases

    Can Nurses Be Held Liable for Medical Malpractice? Like physicians, nurses can be held responsible for harming patients. When a nurse harms a patient through improper treatment, disregard for safety or hospital protocol, or other negligent failure, they can be subject to medical malpractice lawsuits. Just like doctors, nurses are tasked with exercising the utmost caution when treating patients, ...
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  • What Makes a Medical Malpractice Case?

    If you suspect that something was off during a hospital procedure, or know that your subsequent injuries were not a natural result of medical treatment, you may still feel some trepidation about filing a full lawsuit. However, medical malpractice cases are fundamentally about holding healthcare providers accountable for the harm they’ve caused, and if you’re suffering, then you are legally ...
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  • Health Care Providers & Failures to Prevent Birth Injuries to Mothers

    On our blog, we discuss many different cases involving birth injuries. While a number of these posts focus on preventable and tragic injuries suffered by newborns during pregnancy, labor, and delivery, it is important to remember that mothers also face substantial risks of suffering injuries during birth. That’s especially true when the doctors, nurses, and other health care providers tasked with ...
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  • May is American Stroke Month: Stay Stroke- Free

    May is American Stroke Month, and while that designation may not be as well-known as Breast Cancer Awareness Month (October) or other month-long awareness campaigns, it is certainly one that helps spread the word about a serious medical emergency that often can be prevented. In fact, the American Stroke Association reports that up to 80% of strokes may be preventable. What is A Stroke? A stroke ...
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  • Freidin Brown, P.A. Attorneys Secure $730,000 Settlement

    We are proud to announce that our attorneys have secured a $730,000 settlement with the Public Health Trust (PHT) and Miami-Dade County in a case where the jail’s medical staff failed to provide Pascual Diaz-Plasencia with necessary treatment, resulting in his kidney failure and eventual loss of that kidney. “Mr. Diaz-Plasencia suffered for weeks while in jail, and then his life was permanently ...
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  • Pursuing Medical Care Providers for Late or Missed Cancer Diagnosis

    All of us know the dangers of cancer. We also understand that early diagnosis and early detection lead to better prognosis with less invasive treatment and much-improved outcomes. Conversely, late detection can result in advanced stage cancer that, though treatable, often has dire medical consequences along with long, difficult treatments, emotional trauma, the risk of recurrence, and uncertain ...
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  • Woman Sues Hospital After She Accidentally Suffocated Newborn While Sleeping

    Monica Thompson of Oregon is suing the Portland Adventist Medical Center for nearly $9 million, according to the lawsuit, after the hospital staff’s negligence led to the suffocation of her newborn son. In early August 2012, Thompson fell asleep in the clinic with her newborn son cradled in her arms. An hour later, she awoke to find him smothered and unresponsive. Shortly before the incident, ...
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  • The Hidden Danger of Nervous System Injuries

    There are certain injuries that we are familiar with: Broken bones, strained muscles, and sprained ankles. These are tangible injuries we easily see and comprehend. But the other, less-visible systems in our bodies are also susceptible to injury, and we all should be cognizant of these risks. Nerve injuries are, unfortunately, an all too common injury that can occur during medical interventions. ...
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  • Nearly 100 Patients Died Waiting for Care at Los Angeles Veterans Affairs Medical Center

    In 2014, nearly 100 patients died waiting for care from a Los Angeles Veterans Affairs Hospital, an appalling event that shocked many to the core about the standard of care in this country. According to a news report done by the Veterans Affair inspector general, nearing 43% patients who died between October 2014 and August 2015 were waiting for appointments or required tests that they never got, ...
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  • Freidin Brown, P.A. Attorneys Announced as Winners of Florida Trend's Legal Elite 2017

    Attorney Philip Freidin was announced as winner of Florida Trend’s Legal Elite 2017 Award for Civil Trial, and Attorneys Gabriel Mazzitelli and Jonathan Freidin were announced as winners of the 2017 Legal Elite Up & Comer Award. About Florida Trend For more than 60 years, Florida Trend – the magazine and its website – offers regionally-based stories and reporting with statewide impact. Their mix ...
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  • Florida Supreme Court Strikes Medical Malpractice Damages Caps for Pain and Suffering

    The Florida Supreme Court ruled on Thursday that the cap on noneconomic damages in medical malpractice injury cases are unconstitutional. In a tough 4-3 decision justices said caps negatively affect those seriously injured due to medical negligence. As there is no evidence of a current medical malpractice insurance crisis, these caps no longer serve any purpose. This historic Supreme Court ruling ...
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  • Violations of Patient Consent

    In practice of medicine, all doctors are bound to their patients, in that there is an understood relationship that the doctor will treat the patient based on the symptoms or condition. The patient must first consent to the treatment, essentially giving the doctor permission to provide care. this might encompass diagnostic examinations to prescribing medications. Defining Medical Negligence In ...
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  • Medicare Beneficiaries Die Soon After Discharge

    Emergency Departments Treating Healthier Populations Have Higher Rates of Death Recently, research showed that hospitals in the lowest fifth of rates of inpatient admission from the emergency department had the highest rates of early death, whereas smaller increases in admission rate were linked to large decreases in risk. This is a startling fact given that hospitals with lower admission rates ...
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  • New Legislation Seeks to Limit Compensation for Medical Malpractice Victims

    Recently, a new piece of legislation was approved by the House Judiciary Committee, which would cap damages in medical malpractice cases for individuals who are insured under programs like Medicare, Medicaid, veterans or military health plans, and the affordable care act. For negligent doctors, this would be a relief, given that it makes it difficult for wronged patients to receive compensation. ...
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  • Freidin Brown, P.A. Secures $5.5 Million Settlement for Medical Malpractice Victim

    Freidin Brown, P.A. is pleased to announce that our legal team was recently successful in securing a $5.5 million settlement on behalf of a client who suffered devastating injuries as a result of medical malpractice in New Port Richey, Florida. The case involved our client, who was pregnant at time, visiting the emergency room of a local hospital for a high fever and facial swelling. Despite our ...
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  • Why You Need an Experienced Medical Malpractice Attorney for Your Case

    In medical malpractice cases, it takes an experienced attorney to figure out who is responsible for your injuries. Some clients will come in and want to blame the doctor for their injuries, but many times we’ll find that the hospital was negligent too. Making sure we hold accountable all negligent parties is one of the most important functions of our work. Determining the responsible party can be ...
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  • Surgeries Gone Wrong

    Surgeries are performed every day, many of which are considered routine and do not warrant much concern. These procedures are anything but innocuous, however, according to the Joint Commission Center for Transforming Healthcare, wrong site surgeries occur at least 40 times a week in the United States. Wrong site surgeries involve procedures that are performed on the wrong part or side of the body, ...
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  • Misdiagnosis Errors: How Do You Know if You have a Case?

    Misdiagnosis continues to be one of the most common forms of medical malpractice that occurs in the United States. A missed, delayed, or incorrect diagnosis is what can lead to very serious health complications for patients. In fact, it can even lead to more severe medical problems later on down the line. If you believe you or a loved one has been harmed because of a missed diagnosis, there is no ...
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  • What Factors Lead to a Successful Medical Malpractice Claim?

    Patients file medical malpractice claims in many cases involving harm or wrongdoing done by a health care professional. These cases might include patients who have been harmed due to poor medical treatment, become ill due to unsanitary or unsafe conditions, or out of a serious or egregious error. To determine how a medical practitioner was negligent, your Miami medical malpractice attorney will ...
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  • Understanding Hospital Negligence in a Birth Injury Lawsuit

    Despite what many people think, a birth injury claim is not limited to surgeons or doctors. In fact, claims can also apply to entire health care facilities, anesthesiologists, nurses, and even pharmaceutical companies. In regards to medical malpractice actions, hospitals can be held responsible for their own negligence and “vicariously” responsible for the negligence of their staff. Understanding ...
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  • Woman Awarded $16 Million in Damages Over Traumatic Birth

    An Alabama jury recently awarded $16 million in damages to a woman who suffered extreme physical and emotional injuries during delivery. The case, which was resolved earlier this month, was filed over a traumatic birth experience that occurred in 2012. In that delivery, a 32-year-old mother suffered injury and serious distress during what should have been a comforting and natural birth. According ...
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  • The Risks of Delayed C-Section

    Every year, nearly 800,000 women in the U.S face birth complications, many of which warrant a cesarean section (C-section) surgery to ensure the safe delivery of the child. When C-sections are not ordered in a timely manner, the results could be disastrous for both a mother and her baby. Medically necessary C-section procedures that are delayed or never ordered at all could constitute medical ...
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  • Medical Errors Third Leading Cause of Death in U.S., Says New Study

    According to a Johns Hopkins University study recently published in the BMJ, medical mistakes are now considered the third leading cause of death among adults in the United States behind only heart disease and cancer. Through analysis of prior research, researchers found that more than 250,000 Americans die from medical errors each year. The study authors claim that the way the CDC keeps track of ...
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  • Miami Hospitals Have Higher C-Section Rate for First-Time Moms

    A study by Consumer Reports reveals that first-time mothers in Miami are more likely to deliver a baby via C-section than anywhere else in the country. The study looked at more than 1,200 hospitals around the United States and found that Florida hospitals, particularly in Miami-Dade County, have the nation’s highest rate of C-section births among those with low-risk pregnancies who were least ...
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  • What's the Impact of an Incorrect Alzheimer's Diagnosis?

    A diagnosis of Alzheimer's disease can be devastating to the person diagnosed and to the entire family. However, the wrong diagnosis or failure to diagnose any form of dementia can be even worse. It can delay treatment that could help slow the progression of the disease or ease the symptoms. One particular type of dementia that most people probably haven't heard of is frontotemporal dementia. It's ...
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