Category Archives: News & Resources

How Florida’s New Controlled Substance Regulations Impact You

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
– Continue Reading

Medical Malpractice Defense: Misreading Imaging Reports

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
– Continue Reading

Medical Malpractice Defense: Insufficient Credentialing

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
– Continue Reading

Medical Malpractice Defense: Wrongful Birth

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
– Continue Reading

Medical Malpractice Defense: ADA Violations

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
– Continue Reading

Medical Malpractice Claims: When to Settle & When to Fight

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
– Continue Reading

Could I Lose My House in a Medical Malpractice Lawsuit?

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
– Continue Reading

Medical Malpractice Defense: Newborn Clavicle Fractures

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
– Continue Reading

How Can Medical Malpractice Result in Brain Damage?

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
– Continue Reading

Medical Malpractice Defense: Lack of Informed Consent

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
– Continue Reading

3 Common Prescription Errors & Advice for Doctors Being Sued

Medication errors take many forms. For example, pharmaceutical companies can produce defective drugs, advertisers can misrepresent the medication, doctors can prescribe the wrong drug, pharmacists can prepare the wrong prescription, and nurses can administer the wrong dosage. According to the U.S. Food & Drug Administration, common causes of medication mistakes include poor communication, job stress, lack of adequate training or experience, ambiguities regarding the prescription, misapplied techniques, and patient confusion. Despite the fact that various parties could ultimately be responsible
– Continue Reading

What Are “WSPEs” and Why Do They Occur?

Doctors throughout the United States perform millions of surgeries and other medical procedures every single year. In 2010, for example, doctors completed approximately 51 million inpatient procedures and 48.3 million outpatient procedures. When diagnosing and treating patients, providers always take steps to avoid mistakes, but when you consider just how many surgeries are performed annually, it is almost surprising that more errors do not occur. According to WebMD, doctors make approximately 4,000 preventable mistakes during surgical procedures every year. Between
– Continue Reading

Medical Malpractice Defense: Retained Surgical Bodies

The operating room is a chaotic place. Even during routine procedures that pose few risks, surgeons are essentially racing against the clock to ensure they complete everything before the anesthesia has worn off or complications arise. Doctors need to be cautious of moving too fast in the OR, though, because rushing through a procedure can also cause complications. For example, surgeons who do not make precise incisions can puncture an organ or damage nearby nerves. Likewise, those who race to
– Continue Reading

Medical Practice Policies and Procedures and Why You Need Them

Article Written By: Carlos H. Arce, Esq. During your time in medical school you never imagined that managing your own medical practice would have little to do with the practice of medicine. Medical school likely did not prepare you for the legal consequences that come with the modern-day business of medicine. Many physicians are forced to sell their practices, or worse, due to the legal liabilities that may come with owning a medical practice. A medical practice is typically composed
– Continue Reading

Medical Malpractice Defense: Ultrasound Errors

Most people probably associate ultrasound scans with pregnant women who are eager to get a glimpse of their growing baby, but experienced providers know prenatal imaging is just one of the many uses of ultrasound technology. At the end of the day, sonography is a valuable diagnostic tool that helps doctors identify conditions affecting various organs throughout the body, including the heart, liver, spleen, gallbladder, pancreas, kidneys, bladder, uterus, ovaries, and testicles. According to the American Cancer Society, for example,
– Continue Reading

3 Common Malpractice Claims & Advice for Doctors Being Sued

Practicing medicine is one of the most stressful professions in the modern world. Doctors may be different from police officers, soldiers, and construction workers in that their own lives are not at risk, but they must bear the burden of protecting others’ lives every single day. Unfortunately, since medicine is far from an exact science, healthcare providers are not always able to save their patients. Regardless, people expect a lot from their physicians, and when complications arise, malpractice lawsuits are
– Continue Reading

Understanding the Relationship Between Informed Consent and Medical Malpractice

Every medical procedure poses certain risks, and every patient has the right to know about those risks before undergoing a particular screening, exam, or treatment. When a patient agrees to a procedure despite knowing the risks, this is called “informed consent.” Getting informed consent is important not only to ensure patients are aware of potential complications but also to protect healthcare providers from medical malpractice claims. Laws regarding informed consent were first implemented in the early twentieth century. In 1914,
– Continue Reading

Medical Malpractice Defense: Medication Errors

When a doctor prescribes a medication, it is reasonable for the patient to assume that the drug is going to help. At the very least, it should not cause any unexpected side effects if it is taken as directed. Unfortunately, medication mistakes happen all the time and can result in devastating complications. The National Coordinating Council for Medication Error Reporting and Prevention defines medication errors as preventable events that may cause inappropriate drug use or lead to patient harm. Although
– Continue Reading

Medical Malpractice Defense: Misdiagnosis

When you hear hoof beats, don’t look for zebras; look for horses. What might sound like instructions to a zoology apprentice is actually a fundamental principle in diagnostic medicine. Dr. Theodore Woodward coined this oft-quoted zebra maxim in the 1940s to remind physicians to consider the simplest and most common cause of any given symptom before testing for rarer conditions. Additionally, if a patient does present unusual symptoms, he or she is more likely to be experiencing rare complications of
– Continue Reading

Medical Malpractice Defense: Anesthesia Errors

It is common for anesthesiologists to administer various anesthetics to 500,000 patients over the course of their careers. Each time a patient receives anesthesia is an opportunity for a mistake to occur, and when anesthesia errors do happen, they often have severe or fatal consequences. If you are facing a medical malpractice lawsuit over an alleged anesthesia error, turn to Lubell Rosen. Our lawyers have the experience, resources, and proven legal strategies to defend your interests during every stage of
– Continue Reading

Medical Malpractice Defense: Foreign Objects Left Inside Patients

Leaving a foreign object inside a patient is considered a “never event,” which the Centers for Medicare & Medicaid Services define as a preventable error that should never happen during the course of treatment. Despite its classification as such, leaving objects inside patients happens fairly often. Officially called a “retained surgical item,” this scenario occurs in hospitals all over the country at least a dozen times per day. Once patients realize what has happened, they typically file a medical malpractice
– Continue Reading

Medical Malpractice Defense: Brachial Plexus Injuries

Brachial plexus injuries are among the most serious types of injuries a newborn can sustain due to a difficult delivery. According to the Mayo Clinic, factors that increase the chances of nerve damage in the neck and shoulder area during labor and delivery include prolonged labor, breeched presentation, and a high birth weight. A severe injury that causes considerable damage can result in neonatal brachial plexus palsy (NBPP), which is characterized by partial or total paralysis of the arm. ScienceDirect
– Continue Reading

What Can Dentists Do to Prevent Medical Malpractice Lawsuits?

Both procedural errors and misdiagnoses have the potential to cause catastrophic damages, but surgeons and internists are not the only practitioners likely to face malpractice lawsuits. At the end of the day, patients can file a claim against virtually any healthcare provider or facility, including dentists and dental clinics, if they believe they received substandard care. According to The New England Journal of Medicine, physicians in every specialty have a high risk of facing a malpractice lawsuit at some point
– Continue Reading

Medical Malpractice Defense: Nerve Damage During Surgery

Nearly 20 million Americans have some form of peripheral neuropathy, which is nerve damage that affects sensory, motor, or automatic nerves. According to the National Institute of Neurological Disorders and Stroke, physical trauma is the leading cause of acquired peripheral neuropathy. Nerves can become severed, compressed, stretched, crushed, or detached during forceful impacts, such as motor vehicle collisions and falls, or during contact sports and other related activities. Surgical procedures can also result in nerve damage. When they do, a
– Continue Reading

What Is Alarm Fatigue, and How Can Healthcare Providers Prevent It?

Advancements in both medicine and technology have made it easy for healthcare providers to monitor vital signs continuously and in real time when treating patients. Although relying on such equipment can—and does—save lives, there is one major drawback of using it for virtually every patient in every scenario. According to The American Association of Critical-Care Nurses Advanced Critical Care, up to 99 percent of clinical alarms are false. That means when a patient is actually in distress and an alarm
– Continue Reading

3 Defense Strategies Against Claims Involving Delayed Diagnosis

Medicine is far from an exact science, and there are countless ways healthcare providers can make mistakes when working with patients. At the end of the day, though, every single error falls under one of just two categories: diagnosis mistakes or treatment mistakes. Even if you are a caring, compassionate, and meticulous healthcare provider, you can expect to face a malpractice lawsuit at some point in your career. According to the Insurance Journal, nearly every doctor is named in at
– Continue Reading

Medical Malpractice Defense: Delayed Diagnosis of Cancer

Cancer is the second leading cause of death in the United States. One of the factors contributing to cancer’s high mortality rate is the fact that the symptoms are not always easy to diagnose, and they often mimic other conditions. Even when a physician follows all accepted standards of care, it’s still possible for cancer to be diagnosed late—when more invasive treatment is required or when the condition has become terminal. If you are being sued for the delayed diagnosis
– Continue Reading

4 Qualities to Look for in a Medical Malpractice Defense Attorney

If you are facing a medical malpractice lawsuit, the outcome of your case could have a profound impact on your personal and professional future. The importance of finding a medical malpractice defense attorney with the experience, resources, and legal strategies to represent your interests cannot be overstated. The attorneys at Lubell Rosen have a proven track record of success representing healthcare providers, hospitals, nursing homes, and other medical facilities. We will work closely with you and aggressively defend your interests
– Continue Reading

Employer Requirements for Accommodating Pregnant Employees

Maternity leave and the rights of pregnant or expectant women are hot topics today. Companies across the country are held to certain requirements to better accommodate their employees who need time off after the birth of a child. These accommodations include certain protections that employers must extend to any pregnant employees, and failure to comply could lead to serious legal trouble. Federal Laws The federal government passed the Pregnancy Discrimination Act in 1978. It was enacted to protect women who
– Continue Reading

How High Can You Go in Florida?

Tall buildings tend to catch people’s attention in any city—even more so if they seem to literally scrape the sky, towering over the structures around them. Buildings with many stories also give property owners and developers the opportunity to rent out their space for a variety of uses—office buildings, storefronts, storage spaces, etc., which can expand existing business models and promote growth. However, for developers who want to utilize land and space around a Florida airport, height considerations become incredibly
– Continue Reading

Lubell Rosen Partner Aldo Leiva to Speak to the Greater Miami Tax Institute

Lubell Rosen Partner Aldo Leiva will speak to the Greater Miami Tax Institute on February 15. The topic is cybersecurity and Aldo's focus will be on data security laws and regulations that impact tax professionals and their clients. Click here to learn more.

Duties for Landlords and Tenants in Florida

Renting space from another person requires a commitment on each side—the renter commits to a set amount of money, a set timeframe and a set start and end date, while the landlord commits to a pre-determined space, a level of maintenance and whatever provisions have been agreed upon as part of the rental contract. Along with these commitments come responsibilities that each party owes the other. These responsibilities are governed under Florida’s law, no matter how long the rental term
– Continue Reading

Lubell Rosen Partner Aldo Leiva to Present at FEWA Florida Chapter Annual Workshop

Lubell Rosen Partner Aldo Leiva will present at the Forensic Expert Witness Association Florida Chapter Annual Workshop on February 11. The workshop is intended to help attorneys and expert witnesses be more effective working together in various stages of their engagement. Aldo will specifically speak on cybersecurity law, data breaches and compliance issues. Click here for more information.

“Storm In Progress” Injuries and Medical Care

Big storms can cause a lot of damage, to both property and people, and those who seek medical treatment for injuries as a result of a storm might also be seeking coverage from a variety of insurance policies. These include medical insurance and homeowner’s insurance. Depending on where the accident occurred, an injured patient may be trying to make a “slip and fall” claim against the person who owns the property, which could affect how a doctor can provide treatment
– Continue Reading

Josh Bloom Speaks at the CME Beach Retreat for the Emerald Coast Medical Association

Lubell Rosen Associate Josh Bloom recently presented a lecture on Preventable Medical Errors at the CME Beach Retreat for the Emerald Coast Medical Association. He spoke on preventable medical errors and how to minimize risk and exposure to professional negligence suits on the front end. He broke down common issues relevant to preventable medical errors into 4 parts – documentation and charting, office policies and procedures, liability for others and medical quality assurance meetings in a small space. Click here
– Continue Reading

Lubell Rosen Partner Michael O’Connor Featured in the Daily Business Review for his Article “Vergara Embryo Trust Enables Forum Shopping by Ex-Fiancé”

Michael O'Connor is a Partner in the probate and guardianship department at Lubell Rosen in Coral Gables, FL. He specializes in disputes regarding estates, trust and guardianships. His most recent success is his article that was published in the Daily Business Review. "Vergara Embryo Trust Enables Forum Shopping by Ex-Fiancé" Actress Sofia Vergara’s ex-fiancé Nick Loeb is using a trust as a procedural loophole to move the parties’ dispute over their embryos to a favorable jurisdiction. If he is successful,
– Continue Reading

Minimum Wage Changes in 2017

To those paying close to minimum wage to some employees, this is a courtesy reminder that the Florida Minimum Wage has been increased from $8.05 to $8.10 per hour, effective January 1, 2017. If you use Tip Credit, the new minimum required to be paid by the employer, irrespective of tips, has also been increased from $5.03 per hour to $5.08 per hour. It is important that you review your payroll to make sure the correct amounts are used and
– Continue Reading

Options for Asset Protection

Even if you have spent your entire career working hard to ensure your financial security and the security of your loved ones in the future, your assets could be under attack at a moment’s notice. It can be hard to protect your financial holdings and physical assets from every angle once that happens. For people in high-risk professions like medicine and health care, or people who invest in business and real estate, or even those going through messy divorces, asset
– Continue Reading