Catgeories: Health Law,

Article Written By: Carlos H. Arce, Esq. On March 19, 2018, Governor Rick Scott signed into law House Bill 21, adding new legal requirements on healthcare providers who prescribe controlled substances, and specifically geared towards opioids. In recent years, the opioid epidemic has affected the public health of the United States. Many states have adopted new laws that add new requirements in prescribing controlled substances. Healthcare providers all across the country have had criminal charges filed against them for violations of these new laws. Therefore, it is important as a Florida healthcare provider to be aware of the new laws...
Catgeories: Medical Malpractice Defense,

When patients undergo diagnostic imaging tests, it is reasonable for them to assume that the results will be detailed enough for their provider to interpret them accurately. Medicine is far from an exact science, though, and the images that result from X-rays, CT scans, and MRI machines can be challenging to read in certain cases. When an imaging test does not yield clear results, the physician has a duty to order additional scans or to perform some other kind of testing such as a biopsy. If the results appear to be relatively clear, though, the doctor may not even realize...
Catgeories: Medical Malpractice Defense,

When a patient receives substandard care and suffers an injury or dies as a result, his or her treating physician can expect to face a medical malpractice lawsuit. It is rare for the provider to be the only defendant, though, because claimants want to recover as much compensation as possible. By naming multiple individuals or organizations in their claim, injured parties are not limited to recovering from a single insurance policy and therefore increase their chances of securing a sizable settlement. As a result, it is common for patients to sue the facility that employed their allegedly negligent doctor on...
Catgeories: Medical Malpractice Defense,

It is always tragic when a newborn sustains a birth injury or is diagnosed with a birth defect. Depending on the nature and severity of the infant’s condition, parents may incur millions of dollars in costs due to healthcare, mobility aids, medical equipment, and home care before the child has even reached preschool age. Because the financial burden can be so great, parents are often left searching for any possible way to maintain financial security and help their child live the fullest life possible. Some choose to file medical malpractice claims against the facility or healthcare providers who played a...
Catgeories: Medical Malpractice Defense,

Implemented in 1990, the Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against people with disabilities. The ADA applies to numerous contexts including employment, pubic transportation, telecommunication, and medical care. Title III of the ADA covers private hospitals and clinics while Title II covers public hospitals and state- or federal-run clinics. Both sections require healthcare providers to accommodate patients with disabilities by ensuring full access to their facilities and modifying policies, practices, and procedures as needed so such patients can benefit from all the services they provide. If a facility fails to abide by these...
Catgeories: Medical Malpractice Defense,

Most practicing physicians will face allegations of medical malpractice at some point in their careers. According to The New England Journal of Medicine, 75 percent of providers in low-risk specialties will face a claim by 65 years old, as will 99 percent of physicians in high-risk specialties such as neurosurgery and thoracic-cardiovascular surgery. Facing a lawsuit is not really a question of if for most providers but, rather, of when. If you recently found out that one of your past patients is filing a claim, you may be wondering whether it would be best to settle or to fight it....
Catgeories: Medical Malpractice Defense,

Upon learning that a patient intends to sue you for medical malpractice, it is natural to imagine all the worst possible outcomes. In addition to worrying about your reputation, you may be concerned about losing your license to practice medicine or even losing your home and other assets. Although 80 percent of medical malpractice claims do not result in any kind of payout, 20 percent of these cases do result in compensation for the claimant, and monetary awards are often substantial. Therefore, even if the odds seem to be in your favor, you should turn to a medical malpractice defense...
Catgeories: Medical Malpractice Defense,

A clavicle fracture, or broken collarbone, is a fairly minor birth injury that often happens during difficult vaginal deliveries. Although such fractures typically heal in a matter of weeks without any medical intervention, new parents often look for someone to blame for this complication. If you are being sued over a newborn clavicle fracture, it is essential to start planning your defense immediately. The Florida medical malpractice defense lawyers at Lubell Rosen are here to help. After evaluating the circumstances of your case, we will gather the evidence needed to fight the accusations against you and protect your professional reputation....
Catgeories: Medical Malpractice Defense,

A brain injury can have lifelong repercussions that affect nearly every aspect of a person’s life. Some of the most common causes of brain damage include motor-vehicle collisions, sports injuries, falls, strokes, and drug abuse. Medical negligence can also cause brain damage—even when the procedure does not target the central nervous system. If you are being sued for a procedure you performed that allegedly resulted in brain damage, you should seek legal counsel as soon as possible so you can start planning your defense. The Florida medical malpractice defense attorneys at Lubell Rosen have the knowledge, experience, and resources to...
Catgeories: Medical Malpractice Defense,

Regardless of how much experience you have diagnosing and treating a particular condition, your patients ultimately have the final say. In most cases, people have the right to choose their scope of care, and their providers must respect this right. In order to make reasonable and relatively safe choices, though, patients must have some understanding of their options, as well as the advantages and potential side effects of each treatment modality. This is called informed consent, which is a legal concept that is often a point of contention in medical malpractice cases. If you are being sued for lack of...