What are you searching for?
6 min read
The Pre-Filing Requirements for a Florida Medical Malpractice Case
Florida medical malpractice laws require injured patients to complete specific steps before filing a lawsuit. These cases are subject to mandatory pre-filing—or “presuit”—requirements, designed to ensure that malpractice allegations are carefully investigated and supported by medical evidence. For patients and families already dealing with serious injuries or loss, these rules can be confusing and...
Read More
Featured Posts
Can You Sue a Hospital in Florida for Medical Malpractice?
October 21, 2024
What Are the Odds of Winning a Medical Malpractice Lawsuit?
October 30, 2024
Statute of Limitations on Medical Malpractice in Florida
October 21, 2024
Average Payout for Birth Injuries in Florida
March 27, 2025
Can I File a Medical Malpractice Claim Myself?
October 21, 2024
Do all Medical Malpractice Cases Need to Go to Court?
October 21, 2024
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...
Read More
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...
Read More
3 min read
“Induced Addiction” May Constitute Medical Malpractice Under Florida Law
When physicians prescribe medications that could be addictive, they have a duty to make sure patients understand the risks and the need to monitor for signs of addition. Unfortunately, some health care providers may be careless with their responsibilities, potentially leading to abuse and associated harm. One of the most well-known, prevalent issues involves...
Read More
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...
Read More
4 min read
Evaluating Pain and Suffering in Florida Med Mal Cases
Florida once again ranked in the Top 10 US states for medical malpractice payouts according to the 2019 Medical Malpractice Payout Report prepared by LeverageRx, an analytics resource and insurance marketplace for doctors. Another key finding in the publication is that, after a steady increase over the last few years, the average settlement for...
Read More
3 min read
Can Doctor Bias be the Basis for a Florida Misdiagnosis Claim?
You would never expect that health care professionals could be guilty of allowing bias to affect the practice of medicine, but it’s a bigger problem than you think. According to findings from a survey published by WebMD, as many as 4 in 10 physicians admit that preconceived notions about a patient affect their judgment...
Read More
3 min read
STAFFING ISSUES IN NURSING HOMES CAN HAVE SEVERE CONSEQUENCES FOR OUR ELDERLY
To try to stay updated on Covid-related developments here in Florida (ie: for purely non-political reasons), I started following Florida Governor Ron DeSantis on Twitter at the beginning of the Pandemic. Just a couple days ago, a tweet from the Governor came up on my feed indicating that, since the Pandemic Florida has established...
Read More
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...
Read More
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...
Read More
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...
Read More
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...
Read More
3 min read
Pain and Suffering Damages for Cerebral Palsy Birth Injuries
If your child suffered a birth injury that led to cerebral palsy, you can expect that there will be physical pain that lasts a lifetime. The US Centers for Disease Control and Prevention mentions such complications as muscle stiffness, spasms, and difficulties controlled movement. However, your child may sustain additional losses while getting older....
Read More
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...
Read More
3 min read
Electronic Health Records and Florida Medical Malpractice Claims
Electronic health records (EHRs) are intended to help health care providers communicate better, update patient medical records in real time, and make the entire doctor-patient encounter more efficient. Unfortunately, the benefits of these solutions have not yet been fully realized. According to a 2017 study released by The Doctor’s Company, a physician-owned medical malpractice...
Read More
3 min read
Key Types of Breast Cancer Malpractice in Florida
Breast cancer is one of the most common forms of cancer in the US, where Breastcancer.org reports that approximately 1 in 8 women will develop the disease during their lifetime. Researchers estimate that almost 276,500 women will be diagnosed with invasive breast cancer in 2020, as well as 48,500 new non-invasive cases. Fortunately, the...
Read More
3 min read
Can a Florida Hospital Be Liable for Negligence?
According to a recent Modern Healthcare publication, there are approximately 161,250 preventable deaths that occur in US hospitals every year. Based upon what you may know about medical malpractice, you might assume that the hospital would be liable for the medical errors that cause these fatalities. However, hospital negligence is somewhat different from the...
Read More
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...
Read More
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...
Read More
3 min read
Can a Heart Attack Misdiagnosis Lead to Brain Injury?
Misdiagnosis of a heart attack can have serious, long-term consequences, especially for your circulatory, pulmonary, respiratory, and related systems. However, there’s another implication that you may not expect: Mistakes in diagnosing a heart attack can also affect the brain, potentially causing serious brain injuries. An acute myocardial infarction (AMI) prevents the flow of oxygen-rich...
Read More
3 min read
Uncovering Common Errors Causing Birth Injuries
As a type of personal injury claim, birth injury lawsuits in Florida typically follow the same pattern as other medical malpractice cases. To prevail, you need to prove that the health care provider breached the relevant standard of care, and this error was the direct cause of harm to you and/or your baby. Florida’s...
Read More
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...
Read More
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...
Read More
3 min read
Florida Medical Malpractice Laws and Wrongful Birth Cases
Pregnancy should be a joyous and heartwarming experience for women, but elation can turn to devastation upon the discovery that a baby might be born with a serious medical condition or genetic ailment. Though it’s not the right decision for everyone, many mothers-to-be opt to terminate the pregnancy; whereas others might decide to move...
Read More
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...
Read More
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...
Read More
3 min read
Hospital Liability for Florida Medical Malpractice Due to Infection
Many patients head to Florida hospitals for surgical procedures or other treatment for serious medical conditions, expecting to receive quality care in a clean environment. What people don’t realize is that infections are shockingly common in the hospital setting. According to Patient CareLink, an online resource that covers a range of topics on safety...
Read More
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...
Read More
2 min read
Delayed Diagnosis of Strokes
Strokes are very common for people over the age of 60, though younger people have them as well. Often, they can be treated with blood thinning medication, called PTA. But it is critical to get the treatment as quickly as possible. Also, it is important to try to get to a stroke center. Regardless,...
Read More
3 min read
FAQs About Medication Errors and Your Rights as a Victim Under Florida Law
What is a medication error? The answer comes from experts at the Mayo Clinic in Jacksonville, Florida, who define this form of medical malpractice, also known as “adverse drug events,” as mistakes in the process of prescribing, dispensing, and giving medications. These terms describe the circumstances that lead to accidental misuse of drugs by...
Read More
6 min read
Requirements for Medical Experts in Florida Medical Malpractice Cases
Expert testimony is crucial in almost all Florida medical malpractice claims because of the complexity of the subject matter. Experts generally apply their backgrounds and knowledge to the relevant facts in such a case. As a result of their input, it’s easier for an insurance company, members of the jury, and others to understand...
Read More