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Articles Tagged with medical malpractice attorney

An expert witness in a wrongful death lawsuit was not properly vetted by the trial court before making key assertions about decedent’s cause of death, the U.S. Court of Appeals for the Seventh Circuit recently ruled. That means the plaintiff, who alleged her teen daughter died due to medical malpractice, will get another chance to make her case at trial.doctor

In Florida, there is no licensing or professional training one has to obtain in order to qualify as an expert witness. However, just having general knowledge isn’t enough either. Courts have established that individuals may be competent to provide expert witness testimony in a subject if they are qualified by knowledge, skill, experience, training or education. Other considerations could include continuing education, fellowships and professional affiliations. The competency and qualifications of an expert witness are to be determined by the trial judge, and unless one can show there was a clear error in the judge’s discretion, that determination won’t be reversed.

The case of Hall v. Flannery involves the tragic death of a 17-year-old girl. When she was just 5-months-old, she was dropped and suffered a skull fracture. That fracture expanded over time and a cyst later formed. The fracture and cyst weren’t problematic for her until she turned 17. She suffered a blow to the head and, as a result, lost consciousness and later reported blurred vision and dizziness. CT and MRI scans revealed the full extent of the fracture and cyst. Continue reading

A South Florida cardiologist is seeking to recover damages for devastating injuries he reportedly suffered during a botched electroshock therapy session. According to Courtroom View Network, plaintiff in Dadi v. Sharma is asking defendant psychiatrist to pay $27 million in damages. electricity

During opening statements, as broadcast gavel-to-gavel by CVN, plaintiff’s medical malpractice attorneys explained how he was a nuclear cardiologist. He fluently spoke five languages. Now, as a result of the substandard care he received from defendant, he is unable to even practice medicine. He is unable to remember the movie he last watched, let alone read and comprehend a medical journal.

Plaintiff’s attorney described his brain injury as both severe and profound.  Continue reading

Opening arguments had been slated to begin in the case of Page v. Moses Taylor Hospital, a medical malpractice action in suburban New York following the death of two unborn twin girls in utero after their mother suffered from pre-eclampsia. pregnancy1

This dangerous condition occurs usually 20 weeks into gestation, and is characterized by high blood pressure. Even a slightly high blood pressure can be an indication, and if left untreated, the condition can be fatal to both the unborn child and the mother. The only cure is immediate delivery of the baby. In this case, that cure came too late. According to court records, a seizure suffered by the mother caused the placenta to become detached from the womb. The girls were stillborn at nearly 34 weeks and the mother, then 29, was forced to undergo an emergency hysterectomy to stop the hemhorraging, meaning she can never have any more children.

Leading up to the trial date, the judge made a number of rulings that favored the plaintiff, including allowing an expert witness to testify about the pain experienced by the twin fetuses as they died in their mother’s womb. This was an essential element of the case that would have furthered her compensation for pain and suffering. The judge also ruled that despite protests from the defense, a preeclamptic stillbirth has a valid emotional effect on the mother. The defense had tried to argue in a motion in limine that any evidence of emotional distress should not be allowed to be presented to jurors.  Continue reading

Whether an injury lawsuit sounds in medical malpractice as opposed to general negligence – or visa versa – is a critical consideration.medicaldoctor

Medical malpractice lawsuits must satisfy certain special requirements that include:

  • Shortened statutes of limitations;
  • Statutes of repose;
  • Expert witness affidavits;
  • Merit certificates.

Meanwhile, a lawsuit for general negligence doesn’t need to meet these kinds of requirements, which means filing and pursuing claims of general negligence isn’t nearly as expensive and onerous as pursuing a claim of medical malpractice.

In the recent case of Pitt-Hart v. Sanford USD Med. Ctr., the South Dakota Supreme Court was asked to determine whether a claim stemming from a fall-related injury of a patient recovering from surgery was one of general negligence or medical malpractice.  Continue reading

The Florida Supreme Court has agreed this summer to hear an appeal on an appellate decision finding medical malpractice non-economic damage caps unconstitutional. hospital2

If that sounds a bit familiar, you may be recalling the 2014 case of Estate of McCall v. U.S., in which the state high court ruled that limits on non-economic damages in wrongful death cases arising from act of medical negligence was unconstitutional.

Now in North Broward Hospital District v. Kalitan, the question is whether this also applies to personal injury cases arising from acts of medical negligence. If the court affirms the appellate court, as many legal scholars speculate it will, it would be a huge victory for victims of medical malpractice in Florida. It will mean they can receive the full amount awarded by a jury – the amount to which they are entitled – instead of being blocked by an arbitrary cap on damages.  Continue reading

If you are injured or a loved one died as a result of someone else’s negligence, you may have a legitimate claim for damages. However, you must be mindful of the fact that you only have so long to pursue it. baby2

How much time you have depends on:

  • The kind of claim your filing;
  • The identify of the defendant;
  • If you discovered the injury or its source some time after it happened.

If the claim is being filed in a state court in Florida, you generally have four years to file. However, in that same court, if your claim is for medical malpractice or wrongful death, you have two years.

If your claim is one against the federal government (or an organization that relies on federal money), you likely only have two years, regardless of the type of claim.

There may be some exceptions or grounds on which to “toll” or extend the time limits, but you will need to make a very strong argument.  Continue reading

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