South Florida Medical Malpractice Update: Ready, Set, Trial!
Get ready defendants, the trial blitz is here! On April 30, 2021, The Florida Supreme Court implemented a new fast track system with the hope of getting all pending and new civil cases tried as soon as possible.
The Battle Over the ACA
The Supreme Court of the United States heard oral arguments today in the consolidated cases titled California et al. v. Texas et al. and Texas et al. v. California et al., which could determine the fate of the Affordable Care Act (“ACA”), its protections, and the health insurance coverage of 20+ million Americans. Tens of millions of Americans gained insurance coverage under the ACA, which includes popular provisions such as guaranteeing coverage for individuals with pre-existing conditions and forbidding insurers from denying them coverage or charging them more.
Facing a Medical Malpractice Suit? Avoid These Common Mistakes
Learn about some of the common mistakes to avoid if you are facing a medical malpractice lawsuit.
5 Benefits of Going Bare: Foregoing Medical Malpractice Insurance
If you’re tired of paying exorbitant premiums for medical malpractice insurance—which may not actually protect you when it matters most—you may be thinking about “Going Bare.” In recent years, a lot...
The New Medicare Fraud - MRA Scores and Medicare Surplus Payments
Physicians who treat geriatric patients are aware of the new direction Medicare patient treatment models are headed. To provide care and services to these patients increasingly require direct contracts with a Medicare Advantage carrier or a contract with a Management Services Organization.
Broward County attending physician held liable for $2,422,500.00 despite carrying malpractice insurance.
Another recent wrongful death lawsuit against an insured attending physician in Broward county demonstrates just how important personal counsel can be when the damages of a case threaten to exceed the limits of a physician’s malpractice insurance policy. In 2014, an attending physician, Dr. A.M., was sued for medical malpractice and the wrongful death of his hospital patient. A family medicine doctor, neurologist and cardiologist were also named as defendants. The case concerned a patient who presented with symptoms of Guillain-Barre Syndrome. The Plaintiff alleged that while this condition can be deadly, it is almost always survivable if a patient is properly monitored in an ICU setting.
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 settlement. As a result, it is common for patients to sue the facility that employed their allegedly negligent doctor on the grounds of insufficient credentialing.
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.
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 needed so such patients can benefit from all the services they provide. If a facility fails to abide by these regulations, it can be sued for violating the patient’s civil rights.
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.