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Freidin Brown, P.A. Attorneys Secure Presuit Settlement In A Miami Hospital Negligence Case

Hill Settlement PF LD

Freidin Brown attorneys, Philip Freidin and Lara Dabdoub, were able to secure a $350,000 presuit settlement on behalf of a client whose sentinel node was misplaced by a Miami-area hospital after it was removed during surgery but prior to it being tested by a pathologist. Our claim was based on the significant emotional distress our client suffered as a result of not knowing whether her cancer had spread since they were never able to test the sentinel node for cancer.  Throughout the presuit process, Phil and Lara aggressively pursued their client’s claim and was able to successfully settle it before the end of the 90-day statutory presuit period. 

In medical malpractice and personal injury cases, there are two classes of compensation available to an injured victim.  Economic damages are the definable, easily calculable losses that can be assigned a value through paperwork like medical bills or lost income, reflected in pay stubs or tax returns. Non-economic damages are less exacting in nature and very subjective, which can often be quite difficult to prove.

Emotional distress is a subset of non-economic damages that can lead to depression, anxiety, stress, and many other unpleasant emotions. However, to recover monetary damages for these losses, the patient must also have some physical manifestations related to the negligent act that led to emotional anguish. The most important information regarding your emotional state will be your medical records. These documents provide support for your claim because they’ll include references to:

  • A diagnosis of a psychological condition
  • Any procedures performed by a physician
  • Prescriptions ordered to treat your emotional stress
  • The intensity of your depression, anxiety, or other emotions
  • The duration of your emotional condition

Florida’s statute on liability of health care facilities imposes a duty on such organizations to exercise “due care” in fulfilling their duties, so a failure could lead to a claim for compensation. Part of exercising due care involves the hospital’s responsibilities regarding employees. If the facility fails in this duty, there might be a case based upon vicarious liability, which basically imputes liability to an employer for the negligence of its employees, such as:

  • Errors by physicians who are direct employees, such as misdiagnosis, surgical mistakes, errors in prescribing medication, and others
  • Mistakes by nurses in performing their duties with respect to patients
  • Simple negligence, such as where an employee causes injury while interacting with a patient.

Additionally, hospital liability for negligent acts legally holds the organization accountable for its own negligence and errors. A hospital is a business like any other, so some of the concepts of premises liability may arise such as:

  • Failure to properly vet and/or conduct background checks on employees
  • Failure to train or supervise employees on and maintain proper policies and procedures regarding patient care
  • Neglecting to repair medical equipment or dangerous conditions on property
  • Mishandling patient charts or lab tests
  • Otherwise engaging in negligent, careless acts or omissions that cause injury to patients

Cases like these are notoriously difficult, which is why it is imperative that you entrust your case with attorneys who have extensive experience in the medical malpractice field. The Freidin Brown, P.A. law firm has specialized in personal injury and medical malpractice since we opened our doors 45 years ago. If this case sounds similar to something you or a loved one has experienced, please do not hesitate to give us a call for a free and confidential case consultation.




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