Articles Tagged with boca-raton-medical-malpractice-lawyer

The Hollander Law Firm, one of the most trusted injury law firms in South Florida, has taken on a challenging and legally complex case that has garnered the interest of Courtroom View Network, a legal news and analysis source founded by Michael Breyer, son of U.S. Supreme Court Justice Stephen Breyer.gregg hollander

We represent the plaintiff in Silkworth v. Boca Raton Regional Hospital, where the key question is causation. Specifically, what – or who – caused plaintiff’s paralyzing spinal cord injury in June 2012? Defendants assert the injury was the cause of a violent car accident, wherein plaintiff was seated in the back seat of a taxi. However, our claim is that while the plaintiff’s injuries at the time of the crash were indeed serious, it was the negligence of health care professionals who treated her that resulted in her paralysis.

Emergency health care workers are specially trained to be extremely cautious in their initial assessment of someone with spinal trauma. The standard of care almost universally dictates that when there is a clinical concern of a possible spinal injury, workers must immobilize the patient. That is, if there is any indication whatsoever that there could be a spinal cord injury, medical personal must immobilize. Generally speaking, proper immobilization will not hurt a patient who is not suffering a spinal injury. However, if a patient with a spinal injury is not immediately and properly  immobilized, it could cause profound and irreversible damage.  Continue reading

A new study by a panel of independent medical experts offers troubling news about missed, delayed and wrong diagnoses in this country: Most Americans will get one at least one time in their lives. Sometimes, the outcome is devastating, resulting in the loss of precious time necessary to treat aggressive conditions. microbiologist

Further, it turns this type of health care mistake is much more common than other types of medical errors, such as medication slip-ups or surgical blunders. Even so, this is an area of study that, until the Institute of Medicine’s most recent report, has been given far less attention than other issues of patient safety.

That’s largely because most research has focused on issues pertaining to health care that happens in hospitals. So things like hospital-acquired infections, mistakes during surgery or errors doling out medication have been high on the priority list of researchers. Diagnosis problems, meanwhile, often happen at outpatient centers, doctors’ offices and surgical centers. There are of course issues in hospital emergency rooms and in other hospital settings, but the new research indicates this is system-wide problem that is going to require a multi-pronged approach to address.

In a ruling that does not bode well for patients of Medicaid, the highest court in Maryland recently rejected a plaintiff’s claim of apparent agency in attempting to hold liable the entity that contracts health care providers to patients enrolled in the state medical program. doctor

The Maryland Court of Appeals held in Bradford v. Jai Med. Sys. Managed Care Org. Inc. that while a managed care agency can be held vicariously liable for the negligence of a doctor in network under the theory of apparent agency,  the belief has to be reasonable based on the facts.

Although this isn’t a Florida case, our West Palm Beach medical malpractice lawyers recognize the ruling could be relevant for Florida courts weighing similar issues. The ruling is hopeful in that it does allow for patients to sue contracted health care providers on vicarious liability grounds, but the threshold is strict.

In the chaos of a hospital emergency room, it’s not uncommon for doctors, nurses and other staffers to rush to the aid of a person suffering an acute medical emergency, even if that person isn’t technically “their” patient.ambulance3

However, our medical malpractice attorneys in Fort Lauderdale know that this does not under the law make them “volunteers” or “Good Samaritans,” who are often granted immunity from liability in emergency situations.

This point was recently underscored in the case of Home Star Bank & Fin. Servs. v. Emergency Care & Health Org., Ltd., reviewed by the Illinois Supreme Court. Here, a doctor who worked at a hospital and responded to a call for assistance in treating a critically ill patient, later attempted to shirk liability when the patient suffered permanent brain damage by claiming protection under the state’s “Good Samaritan” law.