Results for Medical Malpractice Defense

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 a common condition than common symptoms of a rare disease.

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 the proceedings. Call (954) 880-9500 to schedule a consultation with a medical malpractice defense attorney in Florida.

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 reports that the incidence of NBPP in the United States is approximately 1.5 per 1,000 live births.

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 claim against their provider. Because retained surgical items are considered never events, physicians who face such claims can find it challenging to defend against them.

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.

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 least one claim while practicing medicine, and according to LIVESCIENCE, most of these suits involve a diagnosis error. If you are being sued for the delayed diagnosis of a serious illness or condition, it is essential that you start building your defense immediately. The medical malpractice defense attorneys at Lubell Rosen have the legal strategies, experience, and resources to represent your interests. Call (954) 880-9500 to schedule a consultation.

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.

Lubell Rosen partner Steven Lubell, Esq., a medical malpractice defense lawyer, was granted summary judgment for his client, Dr. Guirlane Leonare Agnant, M.D., after successfully demonstrating that the plaintiff, Lakisha Garcia Hawkins, was never Dr. Agnant’s patient and had no claim against her.

On April 27, 2013, Steven Lubell, Esq., secured a victory for a leading cosmetic surgeon from Lake Mary, Florida who was accused of negligence and malpractice by a former patient. Lubell, a partner and co-founder of Lubell Rosen, successfully represented Dr. Carlos Mercado, and presented evidence to prove that Dr. Mercado acted responsibly and with the informed consent of his patient, plaintiff Maria Ramos.

In the 2009 case of Strong vs. Strong, one of the largest civil lawsuits in Broward County’s history, Mark Rosen, Esq., a partner at Lubell Rosen, a leading Florida medical malpractice defense law firm, successfully defended a hospital internist from a malpractice claim after a patient had her arms and legs amputated.