Category Archives: News & Resources

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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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