Tag Archives: lubell rosen

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.

Insufficient or negligent credentialing refers to a clinic’s failure to verify its staff’s credentials, which includes their education, licensures, and experience. Every state has strict credentialing requirements to protect patients.

If you own or manage a facility that is facing a lawsuit over alleged negligent credentialing, turn to Lubell Rosen. With so much at stake, it is essential to start planning your defense immediately. Call (954) 880-9500 to schedule a case evaluation with a Florida medical malpractice defense attorney.

Let’s explore some of the most common defenses against claims of insufficient credentialing:

1. The physician provided false credentials.

Since hospitals must verify their staff’s credentials, they can still be liable if a physician falsifies information regarding education or work experience; however, if the doctor took extreme measures to commit this kind of fraud, it may be a valid defense for the facility that hired him or her.

2. The physician works at multiple facilities.

Healthcare facilities must review their staff’s credentials periodically, not just at the time of hire. This is to ensure their providers are maintaining their licenses and continuing their education. It is also to ensure no one who has committed disciplinary violations or malpractice remains on staff, jeopardizing the health or safety of patients. If the physician works part-time at more than one clinic, though, he or she could theoretically hide transgressions that occur at one facility from administrators at the other.

3. The physician was already on probation.

Some transgressions do not necessarily warrant termination but call for disciplinary action. If the physician in question was already on probation, it will show that the facility does have procedures in place to discipline employees and is not negligent in regard to credentialing.

Call (954) 880-9500 to Speak with a Medical Malpractice Defense Lawyer in Florida

If your facility has been accused of insufficient credentialing, turn to Lubell Rosen. We know what it takes to help our clients fight these claims and avoid the professional and financial consequences of medical malpractice. Call (954) 880-9500 or fill out our Contact Form to schedule a case evaluation with one of Florida’s most prominent medical malpractice defense law firms.

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.

If your practice has been named in a lawsuit for allegedly violating the Americans with Disabilities Act, contact Lubell Rosen to determine the most strategic way to proceed. Our Florida medical malpractice defense attorneys will evaluate your case from all angles, perform a rigorous investigation, and help you build the strongest defense possible. Call (954) 880-9500 to schedule a consultation.

Let’s explore two possible defenses against medical malpractice claims arising from ADA violations:

1. The patient had to wait to receive care because another patient with disabilities was using the only accessible exam table.

In general, patients who have disabilities should not have to wait any longer to see a doctor than other patients. That means if they make an appointment, the staff should reserve the room containing the accessible exam table; however, if someone with a disability is taking advantage of walk-in services, the accessible exam room may not be available immediately. Larger practices should have multiple accessible exam tables to accommodate several patients with disabilities at any given time, but it is not abnormal—nor is it a violation—for a smaller clinic to have just one.

2. The facility is controlled by a religious organization and does not receive any federal funding.

Private hospitals that are run by religious organizations do not have to comply with the regulations set forth in the ADA unless they receive federal funding. Although they should try to accommodate all kinds of patients, it is unlikely that such a facility would lose a lawsuit over an ADA violation.

Discuss Your Case with a Medical Malpractice Defense Attorney in Florida

If you have been named in a lawsuit for an alleged ADA violation, turn to the AV-rated medical malpractice defense lawyers at Lubell Rosen. Call (954) 880-9500 or fill out our Contact Form to schedule a case evaluation.

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 concept that is often a point of contention in medical malpractice cases.

If you are being sued for lack of informed consent, it is essential to start planning your defense immediately. Turn to the medical malpractice defense attorneys at Lubell Rosen to determine the most strategic way to proceed.

By taking action right away, we can help you stay one step ahead of the opposing party. Call (954) 880-9500 to schedule a case evaluation with a medical malpractice defense lawyer.

Common Defenses Against Lack of Informed Consent

There are a few ways for physicians to defend against claims stemming from a lack of informed consent. The following evidence often plays a crucial role in these cases:

1. Witness Testimony

The doctor can testify that he or she did indeed inform the plaintiff of the procedure’s potential side effects and complications. If anyone else was in the room during the conversation, they can also testify regarding what they heard. This includes other healthcare providers and family members who may have sat in on the appointment at the patient’s request.

2. Statements from Experts

If the complications that arose were fairly common or well known, medical experts can state as much during the proceedings. This will strengthen the defendant’s case by proving that any reasonable patient should have already known about the possible side effects. For example, anyone who researches vasectomies for little more than 10 minutes will come across dozens of articles touting the importance of attending follow-up appointments because recanalization can occur.

3. Signed Consent Forms

Healthcare facilities should always have patients sign consent forms before conducting any kind of procedure, unless the situation is a life-threatening emergency. As long as these forms are fairly detailed and in simple terms that anyone can understand, they can serve as evidence when defending against claims involving lack of consent.

Call (954) 880-9500 to Speak with a Medical Malpractice Defense Attorney in Florida

If you are being sued for providing substandard care, turn to the tenacious medical malpractice defense lawyers at Lubell Rosen. Call (954) 880-9500 or Contact Us Online to schedule a consultation.

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 1990 and 2010, though, there were just 10,000 payouts for related medical malpractice claims, or an average of 500 settlements or verdicts per year.

Although minor mistakes that occur while treating unanticipated complications may not necessarily threaten a patient’s health, there are certain errors that should never occur because of the risks they pose and the fact that they are entirely preventable. These include wrong-site, wrong-procedure, wrong-patient errors, or WSPEs.

According to the Agency for Healthcare Research and Quality, WSPEs are considered “never events” because they should never occur. As a result, providers who have been accused of committing one can find it especially challenging to devise an adequate defense.

If a patient has filed a claim against you for allegedly making some kind of wrong-site, wrong-procedure, wrong-patient error, turn to the medical malpractice defense attorneys at Lubell Rosen. We know what it takes to find success in even the most complicated cases. Call (954) 880-9500 to schedule a consultation.

Why Do WSPEs Occur?

Wrong-site, wrong-procedure, wrong-patient errors are most often the result of some kind of breakdown in communication. According to Patient Safety and Quality, which refers to such mistakes as WSS for wrong-site surgery, communication failures contribute to approximately 70 percent of such errors. Procedural noncompliance is another common cause of WSPEs and contributes to roughly 64 percent of such mistakes, while poor leadership is at least partially responsible for 46 percent of all cases.

Additionally, there are certain factors that can increase a provider’s risk of making a WSPE. These include:

  • Multiple surgeons in the operating room (OR);
  • Emergency scenarios;
  • Multiple procedures being performed on the same patient;
  • Time pressures;
  • Room changes; and
  • Unusual equipment or layout of the OR.

Risk factors that can increase a patient’s chances of falling victim to a WSPE include obesity and deformities.

Discuss Your Case with a Medical Malpractice Defense Lawyer in Florida

If you are facing a lawsuit over an alleged WSPE, turn to the AV-rated medical malpractice defense lawyers at Lubell Rosen. Call (954) 880-9500 or fill out our Contact Form to schedule a case evaluation and start building your defense.

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 complete a procedure as quickly as possible—which is often necessary in emergency scenarios—can fail to account for every sponge, scalpel, towel, clamp, scope, or mask that their surgical team uses.

Retained surgical bodies (RSBs) refer to medical equipment that healthcare providers mistakenly leave inside patients after completing an operation. Experts estimate that RSBs are fairly common, with approximately 1,500 cases occurring in the United States annually.

If you are being sued over an RSB, it is important that you start planning your defense immediately. The medical malpractice defense lawyers at Lubell Rosen will prepare your case as if it is going to trial, even if a dismissal or settlement is the expected outcome. Call (954) 880-9500 to schedule a consultation.

Common Defenses Against Medical Malpractice Claims Involving RSBs

Unfortunately, it is possible for even the most attentive and experienced surgical teams to leave a foreign object inside a patient. Potential defenses against claims involving RSBs include:

1. Incompetent Staff Members

Surgeons typically rely on medical technicians or nurses to track every tool used during a procedure. If the designated party fails to account for one or more items due to a lack of training, the patient may still have a valid malpractice claim; however, it would not be against the doctor who performed the surgery. Instead, it might be against the facility and its administrators for failing to vet their employees adequately.

2. Unexpected Complications

If unanticipated complications arise during a procedure, the lead doctor may require every member of the surgical team to focus on stabilizing the patient, thus abandoning their other duties, which might include tracking equipment. In such a scenario, the patient’s records and testimony from both eyewitnesses and medical experts will contribute to the defense.

Call (954) 880-9500 to Speak with a Medical Malpractice Defense Attorney in Florida

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, sonograms can help physicians differentiate between solid tumors and fluid-filled cysts. Like every other diagnostic procedure, though, ultrasounds are not foolproof, and providers must consider some margin of error when using them to make medical diagnoses.

If you are being sued for an ultrasound error, it is critical to start planning your defense immediately. The medical malpractice defense lawyers at Lubell Rosen know what it takes to find success in complicated injury claims.

A strategic attorney on our team will examine the case against you from all angles to determine the most effective way to fight each and every accusation. Call (954) 880-9500 to schedule a consultation with a medical malpractice defense lawyer in Florida.

Common Reasons for Ultrasound Errors

1. The Initial Diagnosis Is Incorrect

In some cases, sonogram images are perfectly accurate, but their interpretation is wrong because of a prior misdiagnosis. For example, ultrasound technology can usually detect a fetal heartbeat by the seventh week of pregnancy. If a sonographer is unable to find this feature when examining a woman who is at least seven weeks along, it could mean there is an issue, or it could simply mean doctors miscalculated how far along she actually is.

2. The Technician Does Not Have Adequate Training

Despite advancements in ultrasound technology, which have simplified the procedure in recent years, capturing detailed images still requires a certain amount of expertise. Inexperienced or incompetent technicians who fail to obtain quality images of the area in question can prevent physicians from making accurate diagnoses.

3. The Patient Is Obese

Obesity can make it virtually impossible for sonographers to obtain clear images of the soft tissue that needs examining. Fortunately, there are usually alternatives to the traditional ultrasound procedure that can provide comparable results. For example, overweight pregnant women can undergo transvaginal ultrasounds instead once they are 12 to 15 weeks along.

Speak with a Florida Medical Malpractice Defense Attorney Today!

If you are facing a lawsuit over an ultrasound error, turn to the AV-rated medical malpractice defense attorneys at Lubell Rosen. Call (954) 880-9500 or fill out our Contact Form to schedule a case evaluation.

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 likely.

In one study originally published in The New England Journal of Medicine, researchers found that 7.4 percent of all practicing physicians faced at least one malpractice claim annually. Doctors may find it somewhat reassuring that approximately 78 percent of these claims do not result in payouts; however, just facing a suit can add a considerable amount of stress to an already overwhelming schedule.

If you are facing a claim after allegedly providing substandard care, turn to the Florida medical malpractice defense attorneys at Lubell Rosen. Our legal team has the knowledge, litigation experience, and resources to help you secure the most favorable outcome possible. Call (954) 880-9500 to discuss your case and determine the most strategic way to proceed.

Let’s examine three of the most common malpractice claims brought against healthcare providers across various specialties:

1. Medication Errors

Nearly 4 billion drugs are ordered or provided annually, which helps explain why alleged medication errors are a common cause of malpractice claims. Determining liability in such cases can be challenging, though, because multiple parties could be at fault. For example, the doctor prescribing the medication might order the wrong drug, the pharmacist filling the order might use the wrong dosage, or the nurse administering the medication might fail to follow proper protocol.

2. Surgery Errors

If a particular procedure does not go as planned, the patient does not automatically have grounds for a malpractice claim; however, if the surgical team is negligent and complications arise as a result, they can expect to face a lawsuit. Common surgical errors include:

Leaving a foreign object inside the body;

  • Operating on the wrong part of the body or on the wrong patient entirely;
  • Puncturing organs or damaging nerves when making incisions;
  • Failing to administer the right type or dosage of anesthesia; and
  • Failing to provide adequate postsurgical care that would have prevented infection.
  • 3. Labor & Delivery Errors

    Some birth complications are unanticipated, but others are entirely preventable. When an obstetrician is negligent, the consequences can be devastating for both mother and baby. Labor and delivery errors are often the result of a provider’s failure to anticipate, identify, or respond to fetal distress.

    Advice for Physicians Who Are Facing a Malpractice Suit

    The most effective defense strategy against malpractice allegations will depend on the facts of the case. In general, though, providers can protect themselves by turning to a seasoned medical malpractice defense lawyer as soon as they learn of a pending suit. Hiring an attorney early in the proceedings will help you avoid making critical mistakes along the way, such as admitting or accepting fault before actually reviewing the case from all angles.

    Discuss Your Case with a Medical Malpractice Defense Attorney in Florida Today!

    If you are being sued for medical malpractice, contact Lubell Rosen. We will answer your questions, address any concerns, and conduct a thorough investigation into your case so we can aggressively defend your interests. Call (954) 880-9500 or fill out our Contact Form to schedule a consultation with a medical malpractice defense lawyer in Florida.

    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, the Supreme Court ruled that every adult of sound mind has the basic right to consent to medical care.

    Although informed consent does not shield physicians who provide substandard care, it can serve as an added layer of protection in certain scenarios. If you are being sued for complications that arose during a procedure, whether or not you obtained informed consent, it is important to seek legal counsel right away to start planning your defense.

    The Florida medical malpractice defense attorneys at Lubell Rosen have the resources and litigation experience to guide you through every stage of the proceedings. To discuss your case and determine the most strategic way to proceed, call (954) 880-9500.

    Understanding the Relationship Between Informed Consent and Medical Malpractice

    Before performing any kind of medical procedure, healthcare providers must inform their patients of potential complications. Patients who have a clear understanding of the risks they are facing can make an educated decision regarding the procedure and whether they wish to go through with it.

    Obtaining signed consent forms from patients does not necessarily absolve providers of liability should complications arise; however, failing to do so could work against them in certain scenarios. For example, if a physician does not obtain consent before performing a minor surgery, an oversight could contribute to a subsequent malpractice claim should something go wrong. The plaintiff simply has to argue that he or she would not have opted for the procedure had the risks been made apparent.

    Healthcare providers do not necessarily have to discuss every possible complication with patients before proceeding with a given treatment, but they must disclose the most statistically significant risks. They must also inform patients of any viable alternatives that might produce results similar to the procedure in question. The only scenarios in which physicians may not have to obtain informed consent are when dealing with medical emergencies and when treating patients who are emotionally fragile.

    Call (954) 880-9500 to Speak with a Medical Malpractice Defense Lawyer in Florida

    If you are being sued for medical malpractice, contact Lubell Rosen. Taking action immediately allows our seasoned medical malpractice defense lawyers to investigate the circumstances of the incident while anticipating the opposing party’s next move. Call (954) 880-9500 or fill out our Contact Form to schedule a case evaluation.

    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 during every stage of the proceedings. Schedule a consultation today by calling (954) 880-9500.

    Read on to learn four qualities you should look for in a Florida medical malpractice defense lawyer:

    1. Experience Handling a Variety of Medical Malpractice Cases

    No two medical malpractice cases are exactly alike. The best medical malpractice defense attorneys tend to be those who have refined their legal strategies over many years of experience representing clients in a variety of cases. At Lubell Rosen, we have successfully defended clients against lawsuits arising from birth injuries, surgical errors, diagnostic errors, overprescription, and a variety of other claims.

    2. Comprehensive Understanding of the Laws That Govern Your Case

    During your initial consultation, your attorney should be able to provide concise yet detailed answers to your questions as well as predictions for your case based on state and federal laws and past case outcomes. The lawyers at Lubell Rosen have a comprehensive understanding of federal and state healthcare laws, rules, and regulations.

    3. Exceptional Reviews and a Positive Reputation in the Healthcare Industry

    The attorneys at Lubell Rosen have achieved numerous accolades including an AV Preeminent rating from the Martindale-Hubbell attorney rating service. We have a reputation for thoroughly investigating every case we handle and tenaciously representing our clients.

    4. Experience Handling Cases Like Yours

    The most effective legal strategies to use in one case can be very different from another. It is imperative that you find an attorney who has successfully handled cases like yours. The lawyers at Lubell Rosen have represented almost every type of medical professional and healthcare facility including physician assistants, doctors, nurses, podiatrists, chiropractors, hospitals, nursing homes, long-term care facilities, and many others.

    Discuss Your Case with a Florida Medical Malpractice Defense Attorney Today!

    If you are facing a medical malpractice lawsuit, it is critical that you seek legal counsel right away. Call us today at (954) 880-9500 or use our Contact Form to speak with a medical malpractice defense lawyer in Florida.