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Articles Tagged with medical malpractice lawyer

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

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

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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