Tag Archives: West Palm Beach Medical Malpractice Attorneys
Choosing the Right Cause of Action in Medical Practice Claims
As every good attorney knows, the facts of many cases can support multiple causes of action (or, said somewhat more colloquially, theories of relief). The choice of an appropriate cause of action is important. It determines, most vitally, exactly what elements need to be proved in order to prevail. Sometimes the evidence will be… Read More »
Delivering Tough Truths: Avoiding Losing on Appeal in Medical Malpractice Cases
One of the most difficult aspects of any lawyer’s career is having the courage to tell a client with sympathetic facts that he or she has no case. That is what the lawyers in the 2013 case of Shartz v. Miulli should have done — deliver the tough truth. What follows is a tragic… Read More »
A Medical Malpractice Victory
In a medical malpractice case, sometimes the attorneys for the victim do such a good job that defense counsel appeals just for the sake of appealing—out of spite, as it were. Recent Example In the case of Philippon v. Shreffler, the victim of malpractice by a novice surgeon was awarded $2.15 million for her… Read More »
The Dangers of Hospital Paperwork: Navigating Arbitration of Medical Malpractice Claims
Upon arriving at the hospital during a medical emergency, we are, all too often, confronted with a veritable mountain of paperwork. At a time when the well-being of our loved ones (not the niceties of medical billing) are at the forefront of our minds, hospital administrators ask us to sign forms that we scarcely… Read More »
The “Respectable Minority” Defense and Unorthodox Medical Treatments
If you elect to use a new or experimental medical treatment—one accepted, say, by a growing minority of doctors—and something goes wrong, can you sue for malpractice? Perhaps the experimental treatment fails where a more conventional one would have succeeded. Perhaps the physician trying the experimental procedure is somewhat unfamiliar with its details and… Read More »
Florida’s Pre-Suit Notice Requirements and the Role of Medical Experts
In traumatic brain injury cases, as in all medical malpractice actions in Florida, injured patients are required to comply with the state’s pre-suit notice requirements. These statutory prerequisites to the lawsuit, which are designed to weed out frivolous cases, add an element of expert opinion—a question over which parties frequently litigate—fairly early in the… Read More »
Hospital Errors On the Rise
Hospitals across the country are reporting a rise in serious medical errors and other patient injuries that occurred last year. In Massachusetts, acute-care hospitals reported 753 serious medical errors and 206 other serious reportable events in other types of hospitals, including facilities that provide psychiatric or rehabilitative care. Last year, hospitals also reported more… Read More »
