Patients in Jacksonville and around the nation trust their doctors to provide them with the best medical care possible. While no results can be guaranteed, there is a duty on the part of the doctor to provide the prevailing professional standard of care. However, what happens if the doctor fails to provide that care, provides inappropriate care, or fails to diagnose or treat a condition that results in harm to the patient? This may be medical malpractice and sadly, it happens more often than people realize.
How Is Medical Malpractice Determined?
Jacksonville medical malpractice can only be determined by bringing a claim or lawsuit against the responsible medical professional and proving that he or she breached the applicable standard of care by the greater weight of the evidence. A patient (the claimant) is required to prove four necessary elements to be successful in bringing his or her claim: Read the rest »
Medical devices can be useful for improving and saving lives. There are times when medical devices or the misuse of medical devices can result in injuries or deaths. Knowing your rights and responsibilities as a patient can help you recover losses from defective medical devices.
Types of Defective Medical Devices
There are many types of medical devices with injurious defects. Some of these are cochlear ear implants, breast implants, eye implants, transvaginal meshes, pacemakers, blood clot filters or stents, and artificial joints such as hip replacements and knee implants. Read the rest »
According to a frightening article published in Consumer Reports, medical error is the third leading cause of death in the United States, falling just behind such notorious killers as heart disease and cancer. Researchers at the Johns Hopkins University School of Medicine in Baltimore looked at data going back to 1999 and calculated that approximately 251,454 Americans die every year due to medical errors in hospitals. The study’s authors believe this underestimates the problem because previous research suggests that closer to 440,000 Americans die each year due to hospital medical errors. Researchers said, “We believe this understates the true incidence of death due to medical error because the studies cited rely on errors extractable in documented health records and include only inpatient deaths.” Read the rest »
No one plans on going to an emergency room. But, unfortunately, we sometimes end up there. By their very nature, emergency rooms are a chaotic environment. Patients arrive at ERs needing medical treatment for everything from a few stitches to life threatening trauma. Considering this, it’s not surprising that about five percent of medical malpractice cases result from negligence by healthcare professionals in emergency rooms. The following are some of the most common causes for ER related malpractice claims: Read the rest »
A new study conducted by the Center for Patient Safety Research and Practice has revealed that hospital-acquired infections cost the U.S. health care system nearly $10 billion annually — and according to one of the study’s author’s, that’s a substantial improvement.
Pointing out that past studies have indicated that the cost of treating infections had been estimated between $20 billion to $40 billion per year, the author said that, while hospital-acquired infections appear to be going down, “much more can be done.”
The Centers for Disease Control and Prevention (CDC) reports that one in 20 hospital patients in the U.S. acquire an infection while being treated. That adds up to nearly 441,000 infections each year — at a cost of $9.8 billion annually.
Read the rest »
The medical malpractice attorneys at Farah & Farah in Palatka recently came across an interesting study conducted by the Royal College of Surgeons in Dublin, Ireland in which researchers looked at the reasons why patients or their families file medical malpractice suits against physicians.
The study reviewed medical malpractice claims against primary care doctors in Australia, France, Canada and the United States and found that the most common reason patients and patients’ families file claims against doctors are due to missed diagnoses.
Read the rest »
Several attorneys in Florida are challenging a new malpractice law in Florida that allows medical malpractice defendants to access personal health care information about a plaintiff from other health care providers not necessarily involved in a potential lawsuit.
Five different lawsuits have been filed in state and federal courts. They claim that the new law violates the privacy provisions established under the federal Health Insurance Portability and Accountability Act (HIPAA). Under HIPAA, which was enacted by Congress in 1996, a patient must give permission before his or her health information can be used or shared by a third party — under most circumstances.
Read the rest »
In a 5-2 vote, the Florida Supreme Court has tossed an arbitration agreement signed by a patient who later died of complications following a hernia surgery. The widow of the patient claimed that she should not have to submit to arbitration in her medical malpractice claim because the medical facility’s arbitration document was not legal.
The medical malpractice and wrongful death attorneys at the law offices of Farah & Farah in Jacksonville have been following the Florida Supreme Court rulings concerning arbitration agreements with great interest.
Just this past April, the justices ruled against the daughter of man who died in a Leesburg nursing home. She filed a wrongful death lawsuit and claimed that she was not bound by the arbitration agreement her father had signed. The court ruled against her, saying that an arbitration agreement signed by her deceased father was still enforceable, even though he was dead and she had never signed the document.
In this most recent case, the Court Majority found that the arbitration agreement in question violated Florida’s “public-policy.” In other words, the arbitration agreement conflicted with current state medical-malpractice laws.
Read the rest »
A 46-year-old Pensacola oral surgeon’s license has been restricted and a Florida Board of Dentistry administrative hearing has been scheduled to look into allegations that he sexually molested three young women patients while they were under sedation.
A Florida Department of Health (DOH) emergency order alleges that the dentist was seen engaging in inappropriate sexual behavior on four occasions — and had acted inappropriately with the same sedated 16-year-old girl twice.
The personal injury attorneys at Farah & Farah will not go into details of the behavior, but we find it disturbing that the oral surgeon allegedly was allowed to continue practicing — even after the activity had been previously reported by assistants who had walked in on him engaging in the acts. Read the rest »
In some circles, catastrophic malpractice payouts and “frivolous” lawsuits are to blame for out-of-control medical costs that plague the United States. In their minds, “fixing” the tort system will fix the medical system.
While blaming huge awards and settlements for high medical costs makes for good sound bites and catchy headlines, the medical malpractice attorneys at Farah & Farah in Jacksonville point to a recent study released by Johns Hopkins Medical School that claims that that assertion is just plain wrong. Read the rest »