Tag Archives: Medical malpractice defense attorney

The Importance of Timely Retaining Personal Counsel

Doctor, when is the best time to treat an infection?  As soon as possible, right?  Timely care usually means that the least amount of harm has occurred, options are available, and a better prognosis.  If significant time passes before an infection is treated, sometimes it’s “better late than never,” but sometimes it’s “too little too late.”

 

The same is true for retaining personal counsel. Personal counsel is most effective if utilized as soon as possible. If significant time passes before a doctor retains personal counsel in a medical malpractice claim, sometimes it’s “better late than never” but sometimes it’s “too little too late.”

 

An unfortunate example of hiring personal counsel too late occurred during the 14-year medical-legal saga of Dr. M.S., a north Florida plastic surgeon.  Dr. M.S.’s patient died after a liposuction procedure.  The Estate hired legal counsel and issued a 90 day “Notice of Intent to Sue” to Dr. M.S., in accordance with Florida law.  Dr. M.S. forwarded the notice to his insurance carrier, First Professionals Insurance Company, Inc. (“FPIC”).

 

FPIC assigned Dr. M.S. legal counsel to defend the case. The assigned legal counsel was paid for entirely by FPIC.   During the pre-suit period, the plaintiff offered to go to voluntary binding arbitration.   Notably, the offer to arbitrate required Dr. M.S. to admit full liability for the claim and the arbitration would simply decide how much the damages were.  Based on FPIC’s review of the case, and the advice from his assigned counsel,  Dr. M.S. agreed to go to arbitration.

 

Six months after Dr. M.S. agreed to go to binding arbitration, he hired personal counsel.   Dr. M.S.’s personal counsel determined that the case was defensible, the offer to arbitrate was made in error, and that Dr. M.S. did not wish to arbitrate.  Unfortunately, the Court ruled that Dr. M.S. had agreed to voluntary binding arbitration and ordered the voluntary binding arbitration to proceed.

 

This was devastating to Dr. M.S. as voluntary binding arbitration meant that he: (1) admitted to negligence and liability, and (2) waived all defenses on liability.  Arbitration would simply to determine how much Dr. M.S. would pay in damages.  The arbitration award was $35,415,789.00 plus interest to the Estate.  A $43,000,000.00 judgment was entered against Dr. M.S.

 

Dr. M.S. was wise to retain personal counsel.  Unfortunately, it was “too little, too late.”  Critical legal decisions were made and there was no walking them back.  If retained at the outset, the personal counsel could have advocated for Dr. M.S. before the critical offer to arbitrate was made.  Personal counsel could have advised Dr. M.S. on the implications of admitting liability and arbitrating damages.

 

There is a lesson to be learned.  Early legal decisions will have a significant impact on your defense.  If you are confronted with a potential medical negligence claim, it is advisable to retain personal counsel as soon as possible to best protect your interests.

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.

When an imaging test does not yield clear results, the physician has a duty to order additional scans or to perform some other kind of testing such as a biopsy. If the results appear to be relatively clear, though, the doctor may not even realize the patient needs a more comprehensive analysis.

Depending on the circumstances, misreading imaging reports can have devastating consequences. In such scenarios, patients are likely to sue their treating physician for malpractice, even if he or she is not actually liable for the damages.

If you are facing a lawsuit for allegedly misreading imaging reports, the medical malpractice defense lawyers at Lubell Rosen can help. We know what it takes to overcome these claims, and we will fight tirelessly on your behalf. Call (954) 880-9500 to schedule a case evaluation with a medical malpractice defense attorney in Florida.

Common Reasons for Misreading Diagnostic Imaging Reports

Even if a doctor does in fact misread diagnostic images, he or she might not be liable for any damages. If another reasonable physician would have interpreted the images the same way, for example, then the doctor was not negligent and the patient would not have grounds for a malpractice claim.

Providers can protect themselves from potential lawsuits by knowing why some images are likely to be misinterpreted in the first place. This will allow them to take steps to avoid diagnostic errors. Common reasons for misreading imaging reports include:

1. The imaging equipment was defective.

Diagnostic imaging equipment is like any piece of machinery in that it can malfunction. It may also contain manufacturing or design defects. In either case, the equipment can produce inaccurate reports that are challenging to interpret.

2. The radiologist downplayed certain findings.

When radiologists review film, they will note both pressing concerns and incidental findings. Upon receiving the report, the patient’s treating physician will address the pressing concerns first.

If the radiologist’s interpretation is wrong, though, and the abnormalities they deemed secondary require immediate care, the patient might end up suing the doctor for delayed treatment. Providers can avoid these kinds of claims by addressing all potential issues revealed in the diagnostic images as soon as possible.

3. The patient’s symptoms did not correspond to the imaging results.

If a patient’s symptoms are indicative of one condition but the imaging results reveal another, a reasonable physician should conduct additional testing to confirm the diagnosis. Depending on the circumstances, though, immediate treatment may be necessary. In such a scenario, a reasonable doctor may have to risk facing a suit over misreading imaging reports to prevent potentially life-threatening complications.

Discuss Your Case with a Medical Malpractice Defense Lawyer in Florida

If a patient is suing you for allegedly misreading imaging reports, turn to the AV-rated legal team at Lubell Rosen. Call (954) 880-9500 or fill out our Contact Form to schedule a case evaluation with one of our strategic medical malpractice defense attorneys.

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: 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.

Because the financial burden can be so great, parents are often left searching for any possible way to maintain financial security and help their child live the fullest life possible. Some choose to file medical malpractice claims against the facility or healthcare providers who played a role in the prenatal care or delivery, but not all of these claims have merit. Birth injuries and defects can occur even when deliveries are performed with textbook precision using all accepted standards of care.

“Wrongful birth” is a kind of medical malpractice claim in which parents allege that a healthcare provider should have advised them of their child’s condition long before labor and delivery. In such a case, the claimants are essentially arguing that had they known about the child’s condition prior to birth, they might not have carried the pregnancy to term.

If you are being sued for the wrongful birth of a child, it is essential to start planning your defense immediately. The Florida medical malpractice defense lawyers at Lubell Rosen can evaluate your case from all angles to determine the most effective way to protect your best interests. Call (954) 880-9500 to schedule a consultation with a medical malpractice defense attorney in Florida.

Let’s explore a few possible defenses against wrongful birth claims:

1. The child’s disabilities were not apparent at any stage of the pregnancy.

Many severe disabilities can be detected during pregnancy if the mother follows all recommended aspects of prenatal care. For example, if a fetus is missing one or more limbs, the defect should eventually be obvious in ultrasound images.

Minor birth defects, on the other hand, may not necessarily become apparent during any stage of pregnancy. As long as the mother’s doctors used accepted standards of practice when providing prenatal care, she will not have a valid wrongful birth claim for any unanticipated birth defects or disabilities.

2. The child’s disabilities are not severe enough to warrant legal action.

According to the Civil Liberties Law Review, the severity of a child’s disabilities can affect the validity of a wrongful birth claim. A doctor’s precise obligations regarding informed consent vary from case to case, but in general, healthcare providers are not obligated to discuss or disclose minor potential impairments that the courts do not consider severe.

3. The mother was informed of the child’s condition prior to delivery.

If prenatal tests revealed that the child might be born with some kind of medical condition or disability and you informed the mother of this fact as soon as possible, you have met your obligations regarding informed consent. If you outlined the potential complication in writing and obtained the patient’s signature, it would be difficult for the mother to claim that she was not informed about the potential condition.

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

If you are facing a lawsuit involving the alleged wrongful birth of a child, turn to the strategic medical malpractice defense attorneys at Lubell Rosen. Call (954) 880-9500 or fill out our Contact Form to start building your defense.

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 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 patients is filing a claim, you may be wondering whether it would be best to settle or to fight it. The answer ultimately depends on the specifics of your case, and the best way to determine how to proceed is to speak with a medical malpractice defense attorney.

The lawyers at Lubell Rosen have extensive experience representing healthcare providers and medical facilities in complex, high-stakes medical malpractice claims. Call (954) 880-9500 to schedule a case evaluation with a medical malpractice defense lawyer.

When Should I Consider Settling a Medical Malpractice Claim?

Most cases that result in a payout for the claimant are settled out of court. During settlement negotiations, both the claimant and defendant have some control over the proceedings; however, during a trial, a jury will decide the final outcome.

Therefore, it is wise to attempt settling if you would be unlikely to win your case at trial. For instance, your case may be challenging to win if there is substantial evidence of malpractice and medical specialists or witnesses corroborate the claimant’s case.

When Should I Fight a Medical Malpractice Claim?

Your attorney will advise you to fight the claim if there is no evidence that medical malpractice occurred and you have adequate records demonstrating that you provided a reasonable standard of care. Even if malpractice did in fact occur, your lawyer might advise you to fight the claim if the claimant’s demands are unreasonable.

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

If you have been accused of medical negligence, turn to the AV-rated medical malpractice defense lawyers at Lubell Rosen. We are well versed in the laws and procedures that govern medical malpractice claims in Florida, and you can rely on our experienced legal team to secure the best possible outcome for your case. Call (954) 880-9500 or fill out our Contact Form to schedule a consultation.

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 substantial. Therefore, even if the odds seem to be in your favor, you should turn to a medical malpractice defense attorney for help.

If you are facing a lawsuit for allegedly providing substandard care, contact the Florida medical malpractice defense lawyers at Lubell Rosen. We will evaluate your case from all angles and help you determine the most strategic way to proceed. Call (954) 880-9500 to schedule a consultation.

Could I Lose My House in a Medical Malpractice Lawsuit?

Although it is theoretically possible for a provider’s home to be at stake in a medical malpractice lawsuit, it is unlikely. Most claims are resolved through settlement negotiations, and the defendant’s malpractice insurance provider almost always covers the resulting payout.

If the defendant’s insurance coverage is not enough to pay for the plaintiff’s damages, though, the plaintiff’s attorney may file a lien on the defendant’s real estate to force the physician to secure a loan against that property. The physician would then be expected to use the funds to pay off the excess judgment.

Fortunately, this scenario is very unlikely. It is so rare, in fact, that there is no data on the number of times it has occurred. Most medical malpractice policy limits are $1 million per incident, and both the claimant and defendant have incentive to settle the case within these limits.

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

If you are being sued for malpractice, do not put off hiring an attorney. The sooner you turn to Lubell Rosen, the sooner you can start building your defense.

Our lawyers understand what’s at stake, and we will passionately defend your interests through every step of the proceedings. Call (954) 880-9500 today to schedule a consultation with a medical malpractice defense lawyer in Florida. You can also reach us online by filling out our Contact Form.

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 of your case, we will gather the evidence needed to fight the accusations against you and protect your professional reputation. Call (954) 880-9500 to schedule a consultation with a medical malpractice defense attorney in Florida.

Common Defenses Against Lawsuits Arising from Newborn Clavicle Fractures


Although newborn clavicle fractures can occur because a healthcare provider is negligent, they are more often the result of unanticipated complications during delivery. When such complications do arise, obstetricians are not typically liable for any subsequent birth injuries if they do not deviate from the accepted standards of care for the given situation. Therefore, some of the most common defenses against claims involving broken collarbones are:

1. The tools used during delivery were necessary.

For some deliveries, doctors must rely on tools like forceps to guide the baby through the birth canal. According to the Mayo Clinic, the use of forceps might be necessary if the baby’s heartbeat is irregular, the labor is not progressing, or the baby is facing the wrong direction. Using such tools can pose certain risks, including clavicle fractures, but doing so may be essential to ensure the health and wellbeing of both the mother and baby.

2. The baby was larger than anticipated.

Researchers have identified a link between heavier birth weights and clavicle fractures. If the baby is larger than anticipated and labor progresses too quickly for doctors to take certain preventive measures, a broken collarbone is likely to occur.

3. The birth canal was smaller than anticipated.

When newborns must pass through an especially narrow birth canal, they are more likely to suffer a clavicle fracture during delivery. Obstetricians can reduce the risk of complications posed by a narrow birth canal by scheduling a C-section, but sometimes it is unclear how difficult a vaginal delivery will be until the birthing process is well under way.

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

If you are facing a lawsuit following a complicated delivery, 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.

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 start planning your defense. The Florida medical malpractice defense attorneys at Lubell Rosen have the knowledge, experience, and resources to help you navigate the claims process and fight for the best possible outcome. Call (954) 880-9500 to discuss your case.

How Can Medical Malpractice Result in Brain Damage?

There are two kinds of brain injuries, and medical malpractice can cause both. Traumatic brain injuries (TBIs) are those that result from some kind of external force pushing the brain into the skull. The improper use of vacuum extractors and forceps during delivery are examples of how substandard care can cause a TBI.

Acquired brain injuries (ABIs), on the other hand, develop at the cellular level and are often the result of pressure on the brain. Healthcare providers can cause an ABI by failing to monitor a patient’s vital signs. If the patient does not get enough oxygen, it can lead to hypoxia and subsequent brain damage.

In some scenarios, doctors are not responsible for the actual brain injury but may be liable for the resulting damage. If they fail to diagnose a stroke, tumor, or aneurysm, for example, the patient or his or her loved ones might have grounds for a claim.

Of course, for every case in which brain damage was avoidable, there are several scenarios in which no practicing physician could have anticipated the complications or taken measures to prevent them. For this reason, it is always wise for doctors who are facing such lawsuits to seek legal counsel. Even if the plaintiff seems to have a strong case, a skilled attorney may be able to build an effective defense.

Call (954) 880-9500 to Discuss Your Case with a Florida Medical Malpractice Defense Lawyer

If a patient is suing you for medical malpractice, contact Lubell Rosen. We will conduct a comprehensive investigation of the incident, answer all of your questions, and aggressively defend your interests at every stage of the claims process. Call (954) 880-9500 or fill out our Contact Form to schedule a case evaluation with a medical malpractice defense attorney in Florida.

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.

3 Common Prescription Errors & Advice for Doctors Being Sued

Medication errors take many forms. For example, pharmaceutical companies can produce defective drugs, advertisers can misrepresent the medication, doctors can prescribe the wrong drug, pharmacists can prepare the wrong prescription, and nurses can administer the wrong dosage.

According to the U.S. Food & Drug Administration, common causes of medication mistakes include poor communication, job stress, lack of adequate training or experience, ambiguities regarding the prescription, misapplied techniques, and patient confusion. Despite the fact that various parties could ultimately be responsible for a prescription error, patients often turn to their primary care physician for answers—and damages.

Let’s examine three of the most common prescription errors:

1. The provider prescribed a dangerous dosage.

If the dosage you prescribed is relatively safe, the patient might have just had a bad reaction to it. If the dosage seems a bit high upon further review, though, look over the literature provided by the pharmaceutical company and consider why you thought it should have been safe. Depending on the materials provided to your practice, the pharmaceutical company could be liable, too.

2. The provider failed to consider other medications the patient was taking.

As a healthcare provider, it’s your job to gain a comprehensive understanding of every patient’s medical history and lifestyle. If a patient fails to tell you about a particular supplement he or she is taking, though, you may not necessarily be liable for any bad interactions that occur, especially if you asked several times and advised the patient that the drug should not be combined with anything else.

3. The provider’s team administered the wrong drug or dosage.

In nursing homes and hospitals, it is common for nurses to administer medication that doctors prescribe. If the nurse makes an error when doing so because he or she has not had adequate training, the facility is more likely to be liable than you are.

Advice for Healthcare Providers Being Sued over Prescription Errors

Claims involving medication mistakes can result in substantial settlements and verdicts. For this reason, defendants should do everything possible to fight the allegations and disprove any liability. This includes:

  • Gathering all documentation and records regarding the patient’s prescription;
  • Gathering all literature your office has on the drug in question;
  • Hiring a lawyer as soon as you learn of the pending case; and
  • Remaining polite and professional when speaking to the plaintiff but deferring all questions regarding the case to your lawyer.
    • Call (954) 880-9500 to Discuss Your Case with a Florida Medical Malpractice Defense Attorney Today!

      If you are being sued over an alleged prescription error, contact Lubell Rosen. We will conduct a thorough investigation into the case and aggressively defend your rights. Call (954) 880-9500 or use our Contact Form to schedule a case evaluation with one of our strategic medical malpractice defense lawyers.

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.

    Medical Malpractice Defense: Medication Errors

    When a doctor prescribes a medication, it is reasonable for the patient to assume that the drug is going to help. At the very least, it should not cause any unexpected side effects if it is taken as directed. Unfortunately, medication mistakes happen all the time and can result in devastating complications.

    The National Coordinating Council for Medication Error Reporting and Prevention defines medication errors as preventable events that may cause inappropriate drug use or lead to patient harm. Although many medication mistakes do not result in any lasting damage, some pharmaceutical errors can have tragic consequences. If you are being sued for allegedly making a prescription error, it is critical to start planning your defense immediately.

    The Florida medical malpractice defense lawyers at Lubell Rosen will answer your questions, conduct a thorough investigation into the claim, and help you determine the most strategic way to defend against the accusations. Call (954) 880-9500 to schedule a case evaluation with a medical malpractice defense attorney.

    Common Kinds of Medication Errors

    The specific type of medication mistake that occurred will ultimately determine which party is liable for any damages that result. Common pharmaceutical errors include:

    1. Prescription Errors

    If a physician intends to prescribe one medication but accidentally prescribes another, the patient can suffer harm as a result. Such mistakes may be more likely to happen when the patient’s condition calls for a drug that is fairly uncommon and the doctor inadvertently confuses it with a different, more common medication that he or she prescribes often.

    2. Dosage Errors

    Doctors are not the only providers who make medication mistakes. Sometimes, a physician can prescribe the right drug but a pharmacist ends up preparing the wrong dosage, which can have catastrophic consequences.

    3. Administration Errors

    In hospital settings, it is entirely possible for nurses who are administering medication to make errors. Even if a doctor prescribed the right drug and a pharmacist prepared it correctly, the patient can still suffer harm if a nurse administers it incorrectly. When this happens, the patient might sue the nurse directly or name the entire facility in a claim for its lack of oversight.

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

    If you have been accused of making a medication mistake, turn to Lubell Rosen to start building your defense. Our AV-rated medical malpractice defense attorneys will help you navigate the proceedings while protecting your rights every step of the way. Call (954) 880-9500 or fill out our Contact Form to schedule a case evaluation.

    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 a common condition than common symptoms of a rare disease.

    Unfortunately, there are circumstances in which “zebras” do enter the exam room, and when they do, physicians must be prepared. Otherwise, they risk making a misdiagnosis and facing a medical malpractice lawsuit as a result.

    Common Reasons for Misdiagnoses

    1. Faulty Equipment

    Like any other consumer good, medical equipment does not last forever. MRI machines, CT scanners, and ultrasound transducers are all likely to malfunction at some point. In most cases, administrative staff tracks when equipment needs servicing or replacing; however, if they fail to schedule regular maintenance, a misdiagnosis may occur.

    2. Similar Symptoms

    If a 50-year-old female patient complains of irregular menstruation, the “horse” would be menopause. In some cases, though, spotting and irregular bleeding can be indicative of more serious conditions, or “zebras,” like endometrial hyperplasia and cervical cancer. Physicians can avoid mistaking one condition for another simply because they share symptoms by conducting additional tests and evaluating any other issues the patient may be having.

    3. Inadequate Training

    The most effective way to reduce the risk of facing a medical malpractice lawsuit is to know your limits. For example, if a patient presents with signs of skin cancer and you are a family care provider or internist, it is wise to refer him or her to a dermatologist. Otherwise, you run the risk of dealing with an advanced condition that you are not equipped to treat.

    Discuss Your Case with a Medical Malpractice Defense Lawyer in Florida

    If a patient named you in a malpractice claim, turn to Lubell Rosen to start planning your defense immediately. Call (954) 880-9500 to speak to one of our AV-rated medical malpractice defense lawyers.

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

    Common Causes of Anesthesia Errors

    There are several reasons why anesthesia errors occur. Some of the most common causes include:

    • Inaccurate or outdated information in the patient’s records;
    • Improperly labeled anesthetic products;
    • Incorrect intubation; and
    • Defective equipment.

    Because there are many causes of anesthesia errors, there are numerous parties who may be liable including:

    • Members of the surgical team;
    • Administrative staff;
    • The anesthesiologist;
    • Pharmacists or medication manufacturers; and
    • Equipment manufacturers.
    How Can Anesthesiologists Avoid Mistakes When Administering Anesthesia?

    The single most effective way to reduce the risk of making an anesthesia error is to remain alert and attentive at every stage of a procedure. Additionally, the entire surgical team can minimize the chance of preventable complications by implementing systems that establish redundancy, such as crosschecking all the patient’s documents.

    How Can Providers Fight Malpractice Claims Alleging an Anesthesia Error?

    The most effective legal strategies to defend against anesthesia-related medical malpractice claims vary from case to case. The first step is to determine why the complication occurred. For example, if an anesthesia error happened because a medical device malfunctioned during the procedure, the patient would actually have a claim against the equipment manufacturer—not against the surgeons who used it.

    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 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.

    If No Damages Exist, the Patient Does Not Have Grounds for a Lawsuit

    There are numerous scenarios that can result in retained surgical items. The most common is performing a procedure in a chaotic operating environment. When life-threatening complications arise, the surgical team is not concerned with tracking every last tool and sponge they use; instead, they are focused solely on stabilizing the patient.

    Once the patient’s condition improves, it is up to the surgical team to account for each and every item that they used during the procedure. For an added layer of protection, the patient’s physician should order diagnostic imaging such as X-rays to confirm there are no foreign objects inside the patient. This is the single most effective way to avoid malpractice claims involving retained surgical objects short of inventorying every piece of gauze, sponge, and instrument used at each stage of the procedure.

    A simple mistake on the part of a healthcare provider is not enough to warrant a medical malpractice lawsuit. In order for the patient to have grounds for a claim, he or she must prove that damages resulted from the error.

    If it turns out that you did leave something inside a patient but you identified the mistake immediately after the procedure and removed the item before complications arose, it is unlikely that the patient could sue you for damages. Thus, surgeons can protect themselves by X-raying patients following invasive or complicated procedures.

    Discuss Your Case with a Medical Malpractice Defense Attorney in Florida

    If you are being sued after allegedly leaving a foreign object inside a patient, it is wise to start devising a potential defense strategy immediately. The medical malpractice defense lawyers at Lubell Rosen understand what’s at stake for you and will do everything in their power to achieve a satisfactory outcome for your case. Schedule a consultation today by calling (954) 880-9500.

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

    Since NBPP can be the result of a preventable birth injury, it is not uncommon for parents of infants who have the condition to file medical malpractice lawsuits against the obstetrician who delivered the baby. If you are being sued for a brachial plexus injury or NBPP, it is critical to start devising your defense immediately

    The medical malpractice defense lawyers at Lubell Rosen will investigate your case and gather all available evidence to defend your interests. Our attorneys know what it takes to defend against claims arising from brachial plexus injuries, and we will use our extensive knowledge and courtroom experience to fight for the best possible outcome for your case. Call (954) 880-9500 to schedule a case evaluation with a Florida medical malpractice defense attorney.

    How Do Obstetricians Defend Against Malpractice Claims Involving Brachial Plexus Injuries?

    There are countless factors that can affect pregnancy, labor, and delivery—many of which are out of the obstetrician’s control. Although infants can sustain serious birth injuries or conditions such as brachial plexus palsy as the direct result of a physician’s negligence, there are many other scenarios in which complications arise despite the obstetrician providing exceptional care.

    When it comes to defending against malpractice claims involving NBPP, it must be shown that a reasonable physician with the same specialization would have acted the same way in the same situation. This requires evidence that the obstetrician used accepted procedures and standards of care during labor and delivery. The specific facts that will contribute to the defense will depend on the particular circumstances of the case.

    In general, defenses against these claims involve proving that:

    • The nerve damage occurred in utero
    • The obstetrician used gentle traction to guide the baby through the birth canal; and
    • The amount of force applied was necessary to prevent more serious complications from arising due to oxygen deprivation

    Discuss Your Case with a Medical Malpractice Defense Lawyer in Florida

    If a past patient has named you in a lawsuit following a complicated delivery, contact the AV-rated medical malpractice defense attorneys at Lubell Rosen. Call (954) 880-9500 or fill out our Contact Form to schedule a consultation.

    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 in their career. With so much at stake, dentists should do everything possible to fight any claims that patients bring against them. This includes hiring a medical malpractice defense attorney.

    If you are being sued for providing substandard dental care, it is critical to start devising a defense immediately. The medical malpractice defense lawyers at Lubell Rosen know what it takes to achieve satisfactory resolutions to complicated legal disputes.

    We combine the personalized attention of a small firm with the resources of a large practice. Call (954) 880-9500 to schedule a consultation.

    What Can Dentists Do to Prevent Medical Malpractice Lawsuits?

    The most effective way to fight malpractice claims is to prevent them from happening in the first place. Dentists can reduce the risk of facing a lawsuit over the course of their career by:

    1. Communicating with Their Patients

    Every medical procedure should begin with informed consent. Patients have the right to know about the various risks they are assuming by undergoing a particular treatment. For simple procedures, a quick discussion about the potential risks may be enough to cover everything; however, for more complicated treatments like oral surgery, patients should acknowledge their consent in writing.

    2. Following up After Missed Appointments

    If a patient cancels or misses an appointment and then suffers complications as a result, he or she may try to hold you accountable. Make sure your staff encourages patients to schedule regular exams, reminds them of upcoming cleanings, and always follows up with those who skip appointments so they can reschedule as soon as possible.

    3. Limiting Their Scope of Practice

    Offering comprehensive care is an easy way to attract more patients and ultimately run a lucrative practice, but you should never diagnose or treat unfamiliar conditions. All it takes is a simple mistake or minor complication to destroy your credibility, so do not hesitate to refer patients to specialists when they present symptoms you have little experience treating.

    Discuss Your Case with a Medical Malpractice Defense Attorney in Florida

    If you are facing a medical malpractice lawsuit, 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 consultation with a medical malpractice defense lawyer in Florida.

    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 sounds, the providers nearby may not respond with adequate urgency.

    The constant use of monitoring devices can cause sensory overload and eventually desensitize doctors and nurses to their warning signals. This is known as alarm fatigue, which is essentially the result of prolonged exposure to an excessive number of beeping machines

    Even though alarms are only legitimate a mere fraction of the time, it only takes one missed or ignored warning for life-threatening complications to arise. If you have been accused of ignoring a critical alarm and are facing a lawsuit as a result, it is essential to start devising a defense immediately.

    The medical malpractice defense lawyers at Lubell Rosen know what it takes to find success in these cases. Call (305) 655-3425 to schedule a case evaluation with a medical malpractice defense attorney.

    How Can Healthcare Providers Prevent Alarm Fatigue?

    The Joint Commission Perspectives on Patient Safety offers several strategies for both healthcare facilities and individual providers to prevent alarm fatigue. Their recommendations include:

    • Creating a multidisciplinary task force comprising physicians, nurses, clinical engineers, and IT staff who can review trends and devise procedures for combatting specific issues that cause alarm fatigue;
    • Taking steps to reduce the number of false alarms that occur;
    • Clarifying who is responsible for noticing alarms, assessing the situation, and responding as needed;
    • Developing procedures that will ensure the continuous monitoring of patients who need to be moved within the hospital or transported to an outside facility; ity;
    • Analyzing every kind of alarm and evaluating how staff responds to each one;
    • Training staff periodically on alarm management;
    • Tracking manufacturer recalls of any equipment that they use; and
    • Implementing a culture of safety that prioritizes patients above all else.

    Discuss Your Case with a Medical Malpractice Defense Attorney in Florida

    If one of your patients suffered complications after an alarm sounded and you are being sued as a result, turn to the AV-rated medical malpractice defense attorneys at Lubell Rosen. We will provide an honest assessment of your case and aggressively represent your interests. Call (954) 880-9500 or fill out our Contact Form to schedule a consultation with a medical malpractice defense lawyer in Florida.

    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 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.

    Defending Against Delayed Diagnosis Medical Malpractice Claims

    Even the most experienced and attentive physicians can find themselves facing a lawsuit for delayed diagnosis. Since there are so many variables that can affect how a disease presents itself, it is entirely possible for doctors to make delayed diagnoses despite their best efforts to provide quality care. If you are facing a claim following a diagnostic error, you may be able to build a defense around one of the following concepts:

    1. A Fear of Over-Treating the Patient

    Some diagnostic tests such as biopsies can be fairly invasive. Every surgical procedure poses certain risks, and it is reasonable for doctors to avoid performing them unless they are absolutely necessary.
    If you had reason to conclude that performing more invasive tests would have constituted “over-treating” the patient given the circumstances, this could work in your defense. Citing studies that demonstrate how conducting unnecessary tests can cause more harm than good may help strengthen your case.

    2. A Reasonable Standard of Care

    If other physicians would have taken as long as you did to arrive at a diagnosis, you can argue that you did not breach the duty of care. Some cases are simply more complicated than others, and just because a patient is unhappy with the outcome does not mean negligence played a role at any stage of diagnosis or treatment.

    3. A Lab Error or Device Malfunction

    According to Oxford Academic, laboratory errors are fairly rare, but they can and do occur. Likewise, medical equipment can malfunction, resulting in inaccurate test results and, subsequently, delayed diagnoses. If a lab error or device malfunction was the cause of your patient’s late diagnosis, he or she may have a valid malpractice claim, but it would not be against you.

    Discuss Your Case with a Medical Malpractice Defense Lawyer in Florida

    If you are facing a lawsuit, turn to the AV-rated medical malpractice defense lawyers at Lubell Rosen. Call (954) 880-9500 or Contact Us Online to schedule a case evaluation with a medical malpractice defense attorney in Florida.

    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.