medical malpractice lawsuit

Florida’s 2nd District Court of Appeal has joined the 4th DCA in its finding that damage caps in medical malpractice injury lawsuits are unconstitutional. These damage caps, enacted by a 2003 overhaul of state law by then-Gov. Jeb Bush, limit the amount of money injury plaintiffs can receive for pain and suffering when medical malpractice results in a serious personal injury.

The Florida Supreme Court is still reviewing the 4th DCA’s finding in a similar case, North Broward Hospital District v. Kalitan, in which the hospital is appealing the court’s finding that damage caps shouldn’t apply to injury lawsuits stemming from the breach of care acceptable care standards by doctors, nurses and other health care workers.

This conflict between the appeals court rulings and the law come after the Florida Supreme Court’s 2014 decision in McCall v. U.S., in which justices ruled non-economic damages in medical malpractice wrongful death lawsuits are not constitutional. So the sticking point in the current cases is whether that also extends to injury cases, where plaintiff did not die. Continue reading →

When a patient undergoes surgery – either under emergency circumstances or in the course of a long-anticipated treatment plan – there is an expectation that the doctors, nurses and anesthesiologists involved are going to use the utmost care and caution.

We all know there are many potential risks associated with surgery, but we do expect our health care providers to minimize those risks to whatever extent possible. But now, a new study published in the journal Anesthesiology reveals that medication errors are happening in about 50 percent of all surgical procedures. This figure, based on results at one prestigious hospital in Massachusetts, is significantly higher than previous estimates.

The American Association of Anesthesiologists, upon recently being presented this information, told the study authors that this significant issue is by no means unique to this location. The lead author recounted to The Washington Post that there was “not a lot of surprise” because it was widely-accepted that the self-reported numbers of medication errors during surgery were far too low. However, there was some dismay at the fact that the figure was so high, even as industry experts conceded it’s likely at least as high if not more excessive in other hospitals. Continue reading →

Articles Tagged with medical malpractice lawsuit

2nd DCA: Florida Med-Mal Injury Damage Caps Unconstitutional

Study: Medication Mistakes Occur in at Least Half of Surgeries