Category Archives: Medical Malpractice
6 min read
6 Steps to Take if You Are a Victim of Medical Malpractice in Florida
For a patient, it can be difficult to accept that your Florida healthcare provider could be responsible for making a critical error in providing care. Yet, your symptoms, worsening of your condition, deteriorating well-being, and other factors all seem to point in the direction of medical malpractice. Frustration, fear, anger, and other emotions are...
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3 min read
Florida Medical Malpractice Claims for the “Big Three” in Misdiagnosis
A misdiagnosis by a Florida health care provider can lead to disastrous consequences for the patient, but there are certain types of diagnosis mistakes that are more prevalent and devastating than others. Researchers at Johns Hopkins Medicine refer to these scenarios as the “Big 3” for purposes of misdiagnosis. Diagnostic errors are already the...
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3 min read
Patient Rights After a Botched Appendectomy
While the appendix is a relatively small organ that has no apparent function in the human body, it can lead to life-threatening complications when inflamed. Appendicitis causes severe pain in the lower right part of the belly, nausea, and vomiting, but the most serious issues result from a ruptured appendix. As such, a timely...
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3 min read
Exploring the Links Between Brain Injuries and Medical Malpractice
Head injuries are a serious concern, but you may not realize the risks until you review the numbers. According to the Brain Trauma Foundation, around 2.5 million people suffer traumatic brain injury (TBI) every year. More than 50,000 die as a result of their injuries, and another 80,000 are permanently disabled. The leading causes...
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5 min read
What to Expect During Arbitration in a Florida Medical Malpractice Case
One of the initial stages of litigation in a Florida medical malpractice case is the pre-suit investigation and response provided by the prospective defendant after receiving notice that you intend to file a lawsuit to recover damages. The statute allows the health care provider 90 days to look into your allegations and either: Reject...
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3 min read
Unique Factors in Medical Malpractice with the Elderly
Medical malpractice is a serious concern in any context, but the effects and implications are even more problematic when the victim is an elderly person. In a report on medical malpractice claims involving the elderly, the Medicare Payment Advisory Commission reported that patients over age 70 were considerably more likely to suffer severe injuries...
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6 min read
How Much Does It Cost to File a Medical Malpractice Claim in Florida?
Many people ask their Florida medical malpractice attorney this question, and may be surprised to learn that the answer is: “It depends.” The truth is that every case involving medical error or negligence is different, so it is not possible to give an exact dollar value without knowing the specifics of your situation. However, it may...
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6 min read
Medication Errors Leading to Heart Attacks
Acute myocardial infarction (AMI), commonly known as a heart attack, is often linked to underlying health problems, but many people don’t realize that some common medications can also lead to a heart attack. When a person experiences AMI, the heart does not actually stop beating altogether; instead, it begins to beat irregularly, which can...
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3 min read
How Errors in Post-Chemo Monitoring Can Lead to Serious Harm for Patients
While chemotherapy may have been recommended by your physicians for cancer treatment, the treatment does not come without side effects and risks. The American Cancer Society describes a few of these, including easy bruising and bleeding, infection, anemia, kidney problems, and nerve issues. Many of the consequences of chemo are expected and unavoidable: They’re...
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3 min read
How Negligent Catheter Use Can Lead to Life-Threatening Infections
There is an expectation that residents of nursing homes will develop different medical conditions that come with age, but other health issues may be the result of negligence by health care providers at the facility. According to the US Centers for Disease Control and Prevention, one of the biggest problems in long-term care facilities...
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6 min read
What Is the Average Settlement for Medical Malpractice Lawsuit in Florida?
If you suffered harm because of a Florida healthcare provider’s medical error, one of the first questions you’ll ask is, “How much is my medical malpractice case worth?” The short answer is that it depends since the facts of each case are unique. However, there are often statewide and national averages that we can...
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3 min read
Fatalities from Wrongful Hospital Discharge: Statistics
When a loved one is discharged from the hospital, you trust that health care providers made the right decision. In the majority of situations, the hospital discharge is proper, and patients go home to a successful recovery. Unfortunately, the opposite is true in some cases, which can lead to tragic consequences. A National Institutes...
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3 min read
Top Factors Behind Medical Errors in the Emergency Department
If you were recently rushed to the hospital for an accidental injury or sudden medical issue, there’s a good chance you received treatment in the emergency department. Though experiences differ, you probably noticed that the ER is one of the busiest areas of the facility. In some situations, demand for care can outpace supply...
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3 min read
Florida’s Three Strikes Rule in Medical Malpractice
Back in 2004, Florida voters passed a constitutional amendment to address the severity and prevalence of medical malpractice claims in the state. The so-called “Three Strikes” rule allows the Florida Board of Medicine to revoke the medical license of any professional who receives repeated claims of medical malpractice. While the law is intended to...
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3 min read
Is There Such a Thing as Psychiatric Medical Malpractice?
Many individuals who seek psychiatric help from Florida health care providers do so because they’re vulnerable and emotionally distraught. They trust physicians to provide support through various types of treatment, which may include therapy, talking out their problems, and/or medications to alleviate symptoms of mental health conditions. In some situations, the patient relies on...
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3 min read
State Medical Board Action v. Medical Malpractice Claims in Florida
Patients who suffer bodily harm at the hands of a negligent Florida health care provider have multiple options to seek redress. Two of the most common remedies are: Filing a complaint with the Florida Department of Health (FDOH) Pursuing a medical malpractice lawsuit However, these options have varying implications for your rights as an...
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3 min read
The Evolution of Medical Malpractice
I just read about a rash of cases involving invasive pelvic exams of anesthetized women in hospitals after surgery. While cases of this nature are rare, from our experience, they bring to mind other more common, yet still unexpected events of negligence in hospitals. The attorneys at Freidin Brown, P.A. have successfully handled many...
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3 min read
How Florida Attorneys Value a Heart Attack Medical Malpractice Case
One of the first questions people have regarding mistreatment of a heart attack is “How much is my medical malpractice claim worth?” It’s a valid inquiry, since it can be difficult to understand how compensation works if you don’t have a legal background. There are many factors that impact the amount of damages you...
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3 min read
How Long Does a Florida Medical Malpractice Case Take?
If you were hurt as a result of medical malpractice, it’s understandable that you’ll want to know how long it takes to resolve your claim. You’re suffering physically, financially, and emotionally, and you don’t want to prolong the process of recovering compensation for your losses. However, it’s very difficult to pinpoint the exact time...
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8 min read
What Are the Most Common Medical Malpractice Claims?
Whether you’re seeking medical treatment for a health issue or general well-being, you expect to receive quality patient care. In most cases, this is what you get. However, some healthcare practitioners fail to live up to their duty to provide treatment within acceptable standards, leading to bodily harm and associated losses. Medical mistakes can...
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3 min read
Do I Need a Certificate of Merit for Heart Attack Medical Malpractice in Florida?
The majority of health care providers will be diligent in diagnosing and treating acute myocardial infarction (AMI), but there are some that make critical errors when you present with symptoms of heart attack. If a medical mistake caused you harm under such circumstances, you may be able to recover compensation through a medical malpractice...
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3 min read
Four Ways to Avoid Suffering a Second Stroke
You might think you’re out of the woods when you were properly diagnosed and treated for a stroke, but it could be a mistake to believe that you won’t suffer another significant event. According to statistics compiled by the American Stroke Association, one in four stroke survivors will experience a second stroke. Fortunately, up...
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6 min read
Settlement Versus Trial in a Florida Medical Malpractice Case
Many victims of medical malpractice will consider taking legal action to recover compensation for their injuries, but most aren’t sure where to start. As a victim, you may wonder whether it’s in your best interests to settle or go to court to pursue your claim for damages. The truth is that many medical malpractice...
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4 min read
How Much is My Stroke Medical Malpractice Case Worth?
While it’s a common question for victims of stroke-related medical malpractice to ask, the truth is that there’s no easy answer that applies for everyone. Every case has different factors to be considered in evaluating the potential value of a case, whether obtained through out-of-court settlements or as the result of a trial verdict....
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6 min read
Does Comparative Negligence Apply in a Florida Medical Malpractice Case?
In Florida personal injury cases, your own misconduct can reduce the amount you can recover from the party that caused your injuries. Comparative negligence even applies to medical malpractice claims, although some laws differ for these types of cases. In 2023, legislation changes created some confusion for injury victims. Florida’s statute on modified comparative...
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3 min read
The Pre-Filing Requirements for a Florida Medical Malpractice Case
In many ways, a medical malpractice case is similar to other personal injury claims based upon negligence. When a health care practitioner breaches the duty to provide care within medically accepted standards, the patient can recover compensation for losses related to his or her injuries. However, medical malpractice cases are also very different in...
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3 min read
Signs of Medical Malpractice from Florida Health Care Providers
The Sunshine State is home to many world-renowned medical centers that earn their reputations by providing top quality patient care. Almost every year, you’ll find Mayo Clinic Hospital of Florida, Tampa General Hospital, Advent Health, and the University of Florida Hospital and Health Care network at the top of the list in US News...
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3 min read
Infant Wrongful Discharge from a Hospital: Florida Parents Have Rights
It’s understandable that you want to welcome your new baby into your home as soon as possible after birth. Still, there may be medical reasons to remain under care of medical professionals for a certain time. The American Academy of Pediatrics (AAP) recommends that hospitalization for mother and child should be long enough to...
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3 min read
Signs That You Were Wrongfully Discharged from a Florida Hospital
Given the serious consequences of their actions (or inactions), health care providers in the hospital environment are held to a high standard care in providing services to their patients, from initial diagnosis and treatment to discharging you. They can be held accountable for mistakes at any point along the patient’s journey, including their release...
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4 min read
Overview of Medical Malpractice Claims for Wrongful Hospital or Emergency Room Discharge
If a hospital or emergency room discharges a patient without making the appropriate diagnosis or taking certain actions, and that failure leads to a preventable injury or death, then the patient or their family may be able to bring a claim for medical malpractice. Wrongful discharge from the hospital or ER may not be...
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