Catastrophic Injury Blog

What Is A Florida Medical Malpractice Lawsuit?

Medical Malpractice Overview

 

You may be able to  file a  medical malpractice lawsuit if a  health care professional  neglects to provide appropriate treatment, omits to take an appropriate action, or gives substandard treatment that causes severe injury, or death.
A malpractice or negligence lawsuit is an action due to a  medical error. This could be missed or misdiagnosis, medication dosage, health management, treatment, or aftercare. Medical malpractice lawyers help to recover compensation from any harms that result from sub-standard treatment. An error, negligence, or omission can lead to a malpractice lawsuit against a hospital, doctor, or other health care professional.

 

Can I File A Florida Medical Malpractice Lawsuit?

What Is The Criteria?

 

  1. The injury must be serious with permanent lasting consequences.
  2. You must show that the injury or harm caused by the medical negligence resulted in considerable injury or death
  3. You  must show that the physician acted negligently in rendering care, and that such negligence resulted in injury.
  4. A  breach of professional  duty must be shown
  5. injury caused have been caused by  this  breach
  6. There must be resulting damages or injury.
  7. There must be an act of omission or a negligence.
  8. It is only malpractice when there is negligence and injury and negligence causes the harm or injury.

Examples Of  Malpractice

 

  • Misdiagnosis or failure to diagnose,
  • Unnecessary or incorrect surgery,
  • Premature discharge from a medical facility,
  • Failure to order appropriate tests,
  • Failure to act on results of tests,
  • Not following up on a medical issue,
  • Prescribing the wrong dosage ot medication,
  • Prescribing the wrong medication,
  • Giving the wrong medication,
  • Leaving things inside the patient’s body after surgery,
  • Operating on the wrong part of the body,
  • Persistent pain after surgery,
  • Pressure ulcers, or bedsores in a nursing home or other facility

 

The Most Common Medical Malpractice Lawsuits

 

  • Misdiagnosis,
  • Delayed Diagnosis,
  • Childbirth Injuries,
  • Medication Errors,
  • Surgery Errors,
  • Anesthesia Error Malpractice

If you feel you or a loved one has been a victim of medical malpractice or doctor- hospital negligence contact us immediately

Nursing Home Abuse Lawyer

Get a nursing home abuse lawyer for a  Boca Raton, Bradenton, Sarasota, Clearwater, Okeechobee, Belle Glade, Melbourne, Delray Beach, Hallandale, Fort Lauderdale, Fort Myers, Fort Pierce, Stuart, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami, Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, Winter Garden, Winter Haven, or Winter Park nursing home abuse or neglect lawsuit.

Nursing home abuse happens more often then you may think. Abuse is an act that is intentional and results in injury or some kind of harm. Abuse can be physical, emotional , sexual or financial. Neglect is not abuse. neglect is the result of mistreatment, denied treatment, forgetful treatment or just plain ignoring a serious medical situation where the result is a serious medical condition or even death.

Serious Nursing Home Neglect

  • Ignoring Bedsores
  • Allowing Dehydration
  • Poorly maintained medical equipment
  • Missing medications
  • Over medication
  • Isolating resident
  • Malnutrition- lack of help eating
  • Serious urinary tract infections from not changing after incontinence
  • Lack of showering
  • Allowing a fall
  • Poor hygiene
  • Anything that causes harm

Our local nursing home abuse lawyers can help you file a nursing home abuse lawsuit against the nursing home. Our Nursing home neglect lawyers can assist with a nursing home neglect lawsuit as well.

Boca Raton, West Palm Beach Mesothelioma Lawyers

Boca Raton Mesothelioma Lawyers

Boca Raton, West Palm Beach, Palm Beach County Mesothelioma, asbestos lawyers are helping victims of Mesothelioma. If you or a loved one has been diagnosed with Mesothelioma call and speak to one of our experienced Mesothelioma lawyers today.

Boca Raton Mesothelioma lawyers are helping seniors diagnosed with mesothelioma file their mesothelioma lawsuit: Boca Raton, Jacksonville, Pompano Beach, St. Petersburg, Sarasota, Bradenton,  Okeechobee, Jacksonville, Panama City, Pensacola, Tallahassee, Ocala, Port St Lucie, Vero Beach, Clearwater,  The Villages, Miami, Florida Keys, Gainesville, Sun City Center  and Tampa are showing symptoms of mesothelioma.

Florida Is Ranked 31 For Mesothelioma

Florida ranks thirty-first in the nation in the mortality rate for mesothelioma according to data collected by the National Center for Health Statistics, with an age-adjusted mortality rate of 10.06 per million population. Florida also ranks second in the nation for number of deaths from mesothelioma with a total of 1,213 between the years 1999 and 2005, and one hundred fifty-three deaths in 2005.† In Florida, asbestos was used in power plants, shipyards and at NASA facilities including the Kennedy Space Center. Mesothelioma is a fatal disease.

Mesothelioma Is Fatal

West Palm Beach, Boca Raton, Palm Beach County Mesothelioma lawyers for Retirees

 Many seniors are relocating to Palm beach County  and as a result we are seeing a  high rate  for the deadly asbestos related mesothelioma. Because of the latency period seniors are beginning to show symptoms.

Our Boca Raton and West Palm Beach  Retirees At Risk For Mesothelioma

With the rise of retired  Florida residents discovering they have this deadly disease we are beginning to see more and more T.V mesothelioma lawsuit ads in Florida. There is an immediate  rise in Mesothelioma lawsuits. Florida  Mesothelioma lawyers aim to hold the employers  responsible for exposing their workers to Mesothelioma  related  asbestos. Victims deserve compensation for pain, suffering, medical bills and the loss of life.   Patients and families deserve all the help they can get.  If you have been diagnosed with Mesothelioma call Your Mesothelioma Helpline , Florida for a lawyer with asbestos and Mesothelioma experience. Each state has it’s own statute of limitations  as to the time a claim has to be filed. In most states, Mesothelioma litigation must be acted upon within 12-24 months of diagnosis or 12-24 months of a Mesothelioma Lung Cancer related death. Do not wait. Time is of the essence to file your lawsuit. Florida seniors must act now.

Mesothelioma Symptoms

  • persistent dry cough
  • Shortness of breath
  • Difficulty swallowing
  • Difficulty sleeping
  • Chest and abdominal pain
  • Loss of appetite
  • Weight loss

Florida retirees and Mesothelioma

It has been found that mesothelioma is mostly diagnosed in people over 55 years. Most of the people discovered with mesothelioma were retired or on the verge of retirement. 75% of the people suffering from mesothelioma are over the age of 65.

Call Our Mesothelioma Hotline today

Let our lawyers help you

Don't Go It Alone

Florida Mesothelioma Lawyers, Florida Mesothelioma Division Launched

Free Legal Shield has launched a Florida Mesothelioma Lawyer Helpline for victims of asbestos. There is funds for asbestos victims in various trusts that were set up for the purpose of compnesatin mesothlioma victims.

Mesothelioma and Asbestos Lawyer Helpline

What you need to Know

  • A trust fund allows the companies responsible for the asbestos exposure to plan their expenditures for compensation.
  • The trust fund is funded by mandatory contributions from the companies who built their profits on asbestos.
  • The trust fund is part of  a Chapter 11 proceeding for the companies who have declared bankruptcy 
  • Congress introduced special treatment for companies facing an overwhelming burden from asbestos litigation.
  • The company must commit at least 50% of their reorganized equity to a trust fund which will be used to pay asbestos claims.
  • The trust funds  from which benefits will be drawn will be funded by contributions from several dozen companies who have caused victims to get mesothelioma from asbestos.
  • The   contribution is set by the law.
  • The contribution is determined by the  liability and capacity to contribute
  • Filing an asbestos bankruptcy trust claim requires showing evidence of an asbestos related injury.
  • Most trusts identify categories and levels of diseases that are eligible for various amounts of compensation.

Evidence Of An Asbestos Related Injury

Medical Documentation of Asbestos Disease Claim

  • Reports showing that the claimant has been diagnosed with an asbestos-related .
  • Documentation describing to what extent asbestos contributed to your disease.
  • A statement from a treating doctor  regarding the diagnosis.
  • Evidence that you were  exposed to asbestos at the company’s facilities or from the company’s products

It is best to get help from an asbestos lawyer with experience in these claims to make sure they are done correctly and to help gather the information. This is a tedious process which you and your family should not have to deal with on your own.

 

Starke Auto Auto Accident Lawyers, Covering Starke and Nearby Cities

Starke Auto Auto Accident Lawyers, Covering Starke and Nearby Cities

Small rural areas of Florida do not have access to high powered experienced personal injury lawyers. Many residents of these rural areas do not get the settlements for their injuries that they deserve. The experienced auto accident lawyers of our personal injury help department are reaching out to injured people in:

Other cities, towns, and suburbs near Starke, Florida:

  • Auto Accident Lawyers Gainesville,
  • Lakeside Auto Accident Attorneys,
  • Orange Park Auto Accident Attorneys,
  • Palatka Auto Accident Attorneys,
  • Lake City Auto Accident Attorneys,
  • Palm Valley Auto Accident Attorneys,
  • Saint Augustine, Auto Accident Attorneys,
  • Jacksonville Beach Auto Accident Lawyers,
  • Atlantic Beach Auto Accident Lawyers,
  • Ocala Auto Accident Lawyers,
  • Palm Coast Auto Accident Lawyers and ,
  • Fernandina Beach Auto Accident Lawyers,

The center of each of these  cities  listed is within 64 miles of Starke, FL.

Injured In A Car Accident?

Have you or a loved one suffered a serious injury or death as a result of a car accident in one of these local cities? The Accident Lawyers  of Free Legal Shield are here for you. Call now  for your free consultation. Our caring and experienced injury lawyers will do everything they  can to help you recover the compensation you deserve for your injuries.

We Can Help

Auto accident lawyers,

Truck accident lawyers,

Motorcycle accident lawyers,

Pedestrian injury lawyers

Experienced lawyers for all accident injury and wrongful death cases

Spinal Cord Injury Lawyer, Catastrophic Injury Lawyer, Paralysis

A spinal cord injury is a catastrophic injury which results in years of rehabilitation and long term disability. While many catastrophic spine injuries occur from accidents, violence or blunt trauma, a number are caused by medical malpractice. In fact, medical care can exacerbate existing spinal injuries. Errors that occur during surgery, such as corrective degenerative or herniated disc surgery, or any operation near or on the spine, can severely damage spinal nerves leading to life-long, permanent consequences. If a spine injury is not properly treated by a doctor, nurse or hospital staff, the individual may suffer more serious personal injury, including paralysis or even death, as a direct result of medical malpractice. Spinal cord injuries very often result in Paralysis.

Spine injuries can cause motor skill impairment, paralysis and wrongful death. Full recovery is almost always unlikely. Instead, expensive therapy and medical rehabilitation are usually required. The lives of both the individual and his or her loved ones are, unfortunately, never the same. Newly paralyzed individuals are in need of financial remuneration. While recovery cannot treat the condition, it can provide support for lifetime care.

Spinal Cord Injury

Complete spinal cord injuries result in complete paraplegia or complete tetraplegia.

  •     Anterior cord syndrome
  •     Central cord syndrome
  •     Posterior cord syndrome
  •     Brown-Sequard syndromein

You will need an experienced spinal cord injury lawyer.

Lawyers For Oversedation, Injury and Wrongful death

Lawyers for wrongful death due to oversedation. Over sedation of Children, Dentist oversedation and hospital oversedation wrongful death lawyers for death or brain damage of a loved one due to oversedation.

One of the sources of preventable injury and death in the hospitalized patient involves oversedation of the patient with narcotics.  This can even happen when the patient is on a pain pump that is designed to control the amount of narcotics administered.  Frequently, it is the combination of a patient who has a history or respiratory issues and/or a large fleshy neck that makes a patient high risk for this type of preventable complication.  Narcotics are powerful medications that are used to treat pain.  One of the effects of these medications, however, is that they depress the breathing centers of the brain.  The brain can be literally fooled into not telling the body to breath by these drugs.  When a patient has a history of breathing issues, or a large fleshy neck that can obstruct the back of the throat, the patient must be monitored more closely by the hospital staff in order to assure that patient is getting enough oxygen.  Typically, this is done on a telemetry floor – that is, a floor that has a heart and breathing monitor that is displayed both in the room and at the nurses station.  The system has alarms that sound when the patient is outside acceptable parameters.

Failure to adequately monitor a patient on narcotics in the hospital setting, is one frequent source of preventable injury or death in this patient population.  This can occur when the patient is overdosed, when the pain pump is not set correctly or alarms are turned off, or when the patient is not put on a telemetry floor or monitored adequately.

There have been many instances of  dentist over sedation resulting in deaths of children. There are hundreds more who suffer with permanent neurological and brain permanent damage, and an untold number who have gone unreported. If you have lost a loved one due to over sedation contact our  free legal shield lawyers for oversedation today

Florida Auto Accident Lawyers, Traumatic Auto Accident Injuries

 An Auto Accident in Florida can resulit in traumatic life changing injury.You will need an injury attorney or personal injury lawyer experienced in and able to review medical records for injuries. Not all injuries are alike. The intensity if the impact and size of vehicles will play a big part as to who walks away from a massive crash.

Traumatic Brain Injuries and car Accidents

Brain injuires are very serious auto accident injuries. There does not need to be an open wound to the skull for brain damage to have occurred. The forces created in automobile collisions combined with the hard surfaces in the small confinement the driver is trapped in allow many possible ways for the head to be damaged. However, some of the forces in car accidents are enough to simply cause the brain to internally smash into the internal walls of the skull, creating brain trauma, and leaving no external wound. The brain essentially keeps moving, while the head of the persons involved jerks and stops. This means of injury commonly can cause bruising and or brain hemorrhaging.

Another kind of trauma that is usually more serious is referred to as blunt trauma. This occurs when the heads of the persons involved in the accident come into violent contact with a stationary object, either in the vehicle, or outside (i.e. upon collision with something like the steering wheel, roof, etc… or upon collision with something after being thrown from the vehicle). In a case like this, the brain is actually injured opposite the point of collision. So, if someone violently hits his or her forehead on the steering wheel, the back of the brain has swiftly been pulled away from its relaxed position, and where the pulling has occurred, the injury occurs.

Back Injuries

The impact of a car accident and the resulting torque on the bodies of drivers and passengers can cause back injuries such as a sprain, strain, fracture, disc injury, thoracic spine injury, lumbar radiculopathy, and lumbar spine injury. Like neck injuries, sometimes the symptoms of even the most serious back injuries can take some time to show up after an accident, and just as often a back injury can cause longlasting pain and discomfort. 

Face Injuries and disfigurement

  In a car accident, injuries to the face can be caused by almost anything — including a steering wheel, dashboard, airbag, windshield, side window, car seats or shattered glass. These injuries range in severity from scrapes and bruises, to laceration and fractures, even Temporomandibular disorders of the jaw (TMJ) and serious dental injuries.

Psychological Injuries

Injuries caused by car accidents aren't limited to the physical. Especially after serious car accidents involving severe injuries and even loss of life, drivers and passengers may suffer short or long-term psychological injuries such as emotional distress, and may even develop conditions that closely resemble post traumatic stress disorder (PTSD).

Other injuries Include:

  • Fracture,
  • Bleeding,
  • Head injury,
  • Chest injury,
  • Abdominal injury,

Doctors who treat Auto Accident Injuries:

  • Orthopedic surgeons,
  • Neurosurgeons,
  • Plastic and reconstructive surgeons,
  • Physiatrists,
  • Oral surgeons,
  • neurologists,

Lawyers who file cases for Auto Accident Injuires:

  • Personal Injury lawyers,
  • Wrongful death lawyers,
  • Negligence lawyers,

These types of lawyers file personal injury negligence lawsuits for individuals who  have been injured, physically or lost a loved one as a result of the negligence or wrongdoing of another person

Hurricane Claims Lawyers, Storm Claims Lawyers

If you have a claim for a Hurricane You need an Experienced  Insurance Bad Faith lawyer Fihting for your rights. Our team of Insurance Claim lawyers are experienced in Florida windstorms, Hurricanes, and tornado damgae claims. You can count on us for Hurricane and windstorm as well as flood claims.Windstorms, Hurricanes Florida Hurricane Insurance Claim Attorneys and Florida Lawyers, helpling with Hurricane Damage claims and  Windstorm Damage Claims.

Windstorms, hurricanes and tornadoes can create massive destruction. When wind damage occurs, it can open the door to complicated ambiguities with insurance coverage during the adjustment process. In the aftermath of a disaster,  you will need help with

  •     Protecting your property.
  •     Getting your business or home back to normal.
  •     Securing adequate financial recovery.
     

As a home owner , business owners and property owners we are faced  with threat of property damage each year from windstorms, tropical storms and hurricanes. Hurricanes in 2004 and 2005 caused tremendous damage to residential and commercial properties in Florida. Property owners often faced insurance companies determined to deny claims or minimize claim payments. While most of these hurricane insurance claims have since been resolved, there is no doubt many victims of future storms will have problems with their insurers..

If you are an individual, business, condo association or homeowner’s association in the state of Florida and have suffered a property loss due to a windstorm or hurricane, we encourage you to contact the experienced insurance law attorneys at Tyler & Hamilton, P.A. To contact our Jacksonville law office, call 904.398.9999, or in Florida call us toll-free at 1.800.344.1122.
Lawyers Protecting Your Rights in Wind Damage Claims in Miami, Ft Lauderdale,Orlando, Jacksonville, Tampa, Ft Myers, Winter haven, ocala Sarasota, West Palm Beach and Throughout Florida. Expanded coverage for storm damage victims in NYC and New Jersey. We know storms. Your best bet is an experinced hurrican damage lawyer.

When a windstorm or hurricane causes your home or business property to sustain water damage, structural damage or other property damage, you have a right to receive the full benefits under your insurance policy. This could include cost of repairs, temporary/alternative residence costs, storage costs, transportation costs and other additional costs incurred due to the windstorm damage.

insurance companies have their own goals. They want to prevent you from receiving the full benefit of your homeowner’s, commercial or commercial, residential insurance policy.
Our Hurricane, Tornado, wind, storm and flood Lawyers will help you Receive  aggressive Representation for your hurricane and Tornado Claims,

The states with most Tornadeos are : Texas, Massachusetts, Oklahoma, Missisppi

States with most hurricanes

 

  • Texas,
  • Louisiana,
  • Mississippi,
  • Alabama ,
  • Florida,, 
  • Georgia,
  • South Carolina,
  • North Carolina,

Medication Error Lawyers

 Medication Error  Lawyers Accepting clients who have been injured by a pharmacy medication error.

Medication errors are dangerous and cause serious injury or even death.If you or a family member have been injured due to a medication error:

  •     Don’t delay get emergency care immediately
  •     Contact your doctor or 911
  •     Make sure to have an itemization of all medications which you are currently and medication which  given to you in error
  •     Do not throw away any of the prescriptions, medications, bottling or labels that were given to you.
  •     Seek the advice of an experienced medication error lawyer

 

Examples of Pharmacy errors Include:

  •     Filling the prescription with the wrong dosage
  •     Filling the prescription with the wrong medication
  •     Providing the wrong usage directions
  •     Allowing a technician to perform the work of a pharmacist
  •     Labeling errors
  •     Failure to check for potential drug interactions
  •     Failure to adequately counsel the patient

Many pharmacy errors result in serious injuries and large amounts of damages such as medical bills, pain and suffering and wrongful death. You must consult with a lawyer to protect you and your families legal rights.