Category Archives: Medical Malpractice Defense

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
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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
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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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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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