Articles Tagged with “Medical Malpractice”

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https://www.floridainjurylawyer-blawg.com/wp-content/uploads/sites/257/2017/11/medical-appointment-doctor-healthcare-40568.jpeg-300x200.jpgTurned down by other law firms, a young widow whose husband had been abhorrently ignored by ER doctors at a Florida Hospital turned to Leesfield Scolaro for help. Ten months later, Partner Thomas Scolaro and Attorney Mason Kerns were able to secure a multi-million dollar settlement during the claim’s pre-suit period, for the loss of her husband and for her young son’s loss of his father.

Earlier this year, Scolaro and Kerns reached another multi-million dollar settlement on behalf of an adolescent girl whose doctor failed to recognize that his patient had sustained a stroke. The doctor’s unbelievable failure to diagnose caused delay in administering known effective treatment. Due to this physician’s negligence, our 17-year-old client was left with permanent cerebral sequelae which have drastically altered the quality of the remainder of her life.

These catastrophic medical malpractice cases were the main target of previous Administrations who actively sought (and succeeded to) limit the recovery of medical malpractice victims through arbitrary and unconstitutional laws. Indeed, since 2003, Justice for medical malpractice victims has been very hard to obtain due to insurance company-friendly laws. Governor Jeb Bush at the time forced the passage of statutory caps for plaintiffs who had been victims of medical malpractice, limiting the monetary compensation they rightfully deserved. The preeminent argument was that malpractice insurance premiums for Florida doctors were skyrocketing and causing good doctors to flee the state as a consequence.

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The vast majority of personal injury victims contact a lawyer intending to make claims against a specific entity for a specific wrongdoing. The victims often evaluate their case and form their own theories of liability before they are ever guided by an experienced trial lawyer. Unfortunately, many lawyers then evaluate cases based on their clients’ impressions without broadening their imagination and looking at the entire picture.

Our firm was recently contacted by a mother in reference to a potential medical malpractice case for her 12-year-old son. Our client’s concern was that her son underwent surgery to repair his fractured femur (thigh bone) with metal rods, and the metal rods ultimately broke free from the bone, requiring a painful second surgery. Our client thought this complication occurred because the first surgery was done negligently. Our firm investigated and concluded that the complication was likely an inherent risk of surgery rather than negligence.

Untitled-2.jpgFor many lawyers, the evaluation would have ended there. However, our firm inquired further and asked how the boy’s leg was fractured. Our client believed that was a dead end. She explained that the injury occurred when a 13-year-old girl accidentally fell on him at the girl’s house. As we learned more, it was discovered that the girl, who was much larger than the boy, had been physically harassing him for several days with unwanted horseplay. The girl’s father, who was supposed to be supervising them, knew of this abuse and failed to prevent it or separate the children. Our firm made a claim against the father’s homeowner’s insurance policy under a Negligent Supervision theory. Within just days of receiving our lawsuit, the insurance carrier offered their full policy limits of $300,000, to compensate our client’s son.

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As consumers of so many goods and services in our day-to-day lives, it is only natural that we have become accustomed to accepting – without thinking twice – whatever goods and services are provided to us. We trust that those who provide us with what we consume are acting responsibly, have exercised due diligence, and are in fact providing us with whatever it is we have specifically requested and expect to receive. Throughout our day, we constantly ingest products without hesitation, rarely stopping to think whether we may be placing harmful products into our bodies.

Prescription Medication.pngThe level of trust that we have in others as consumers may be even higher when dealing with and receiving goods from trained professionals. One example: Pharmacists. Naturally, when we pick up prescription medications at our local pharmacies, we fully expect that these professionals will always give us exactly what has been prescribed to us by our doctors. Of course, this is normally the case.

However, our law firm has dealt with several unfortunate occasions where pharmacies – including the largest, most nationally-recognized stores – have provided our clients with the wrong prescriptions. In these instances, these folks have gone on to consume whatever medication was wrongfully given to them, never imagining that a mistake of this magnitude could possibly occur. They have suffered permanent injuries as a result, either caused by the wrongful medication itself, or from not treating the medical condition for which they were prescribed medication in the first place.

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