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Category: Practice Areas

How Settlement Negotiations Work in A Medical Malpractice Case

Medical malpractice is not an uncommon event. Researchers at Johns Hopkins University conducted a comprehensive eight-year study of medical errors in the U.S. and found that, on average, more than 250,000 people die in the U.S. because of medical mistakes each year. This makes medical malpractice the second leading cause of death in the United States, behind cancer and before chronic respiratory disease. The most common medical malpractice claims include misdiagnosis, birth injuries, medication errors,...

Medical Malpractice Due to Surgical Errors

It is estimated that every year, thousands of people are injured in the United States due to surgical errors. A surgical error is defined as an unintentional, preventable injury that is not considered a known acceptable risk of surgery and could have been avoided by following the standard of care. Surgical errors can cause significant harm, including death, and result in overwhelming financial burdens on harmed patients. Surgical errors can include (but are not limited...

What Are the Causes of Medical Misdiagnosis?

Avoiding misdiagnosis is a moral, professional, and public health imperative, according to the U.S. National Academy of Medicine. However, estimates vary significantly regarding the full scope of harms related to medical misdiagnosis scenarios. The Johns Hopkins Armstrong Institute Center for Diagnostic Excellence estimates that: 12 million Americans are affected each year by misdiagnosis situations, and perhaps one-third are harmed as a result. Misdiagnosis errors may account for 40,000 to 80,000 preventable deaths annually in U.S....

The Role of Insurance Companies in Medical Malpractice Cases

If you or a loved one have decided to pursue a medical malpractice case, you might be surprised to learn that while you are bringing a legal complaint against the medical provider – doctor, nurse, hospital, urgent care facility, etc. – you and your legal team will also be dealing with the medical provider’s insurance company. Let’s assume that you have a strong basis to bring a medical malpractice lawsuit. Perhaps you were a victim...

Was There Malpractice In The Emergency Room?

Emergency room staff are well prepared to deal with almost any emergency room problem that comes their way. They protect their patients while engaging in demanding work.  Unfortunately, each year in the United States, 7.4 million ER patients are misdiagnosed, resulting in 2.6 million patients experiencing preventable harm, and 370,000 patients suffering permanent disability or wrongful death, according to a 2023 report by the Agency for Healthcare Research and Quality (AHRQ). Five conditions – stroke,...

Civil and Criminal Medical Malpractice: Understanding the Differences

When you go to the doctor’s office for a medical procedure or to a medical clinic or hospital for surgery, you just assume that things will go well. Doctors are generally well-trained in the United States and, in most cases, well-prepared to diagnose your condition and provide you with the proper treatment you need. But sometimes, things don’t go as planned, and medical malpractice is involved. In fact, Johns Hopkins patient safety experts believe that...

Florida Healthcare Legislation in 2024

The Florida legislature passed a package of comprehensive healthcare and workforce reforms during the 2024 legislation session. Known as the “Live Healthy” Act, this series of laws carries a cost of more than $1.2 billion in fiscal year 2024-25 to grow the healthcare workforce, remove regulations, protect patients, and enhance access to healthcare among marginalized groups. The bills included in this package are: SB 7016 – The bill aims to grow Florida’s healthcare workforce by...

Consent Forms and Medical Procedures

If you or a loved one will be having surgery, it’s likely that you will be asked by your doctor’s office, clinic, hospital or other medical venue to sign a form known as a consent form. This form usually contains language about the risks of the procedure and often attempts to have you, as the patient, waive your right to bring claims if there are complications. The waiver language within the consent form can often...