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Articles Posted in Professional Malpractice

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Medical Malpractice Damage Caps May Soon Be Eliminated

There are now two Florida appellate courts – including the one that oversees courts in Fort Myers – that have ruled in favor of eliminating medical malpractice damage caps of non-economic damages in personal injury lawsuits. That means we could be very close to seeing the elimination of damage caps…

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Cefaratti v. Aranow – Surgical Sponge Left in Patient Prompts Injury Lawsuit

In 2013, USA Today published a startling statistic: Twelve times every single day, surgeons sew up a patient with surgical sponges and other supplies mistakenly still inside. In some cases, patients become very ill as a result. Some do not survive.  But discovering the exact source of internal pain (usually abdominal)…

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Medical Malpractice Damage Caps to be Considered by Florida Supreme Court

The Florida Supreme Court has agreed to consider whether the 4th District Court of Appeals made the right call in finding damage caps on personal injury verdicts stemming from medical malpractice unconstitutional.  In the case of North Broward Hospital District v. Kalitan, defendant appeals finding that the $500,000 damage caps…

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Dupuy v. NMC Operating Co. – Dirty Surgical Instruments Cause Illness

Fort Myers medical malpractice lawsuits are different from other kinds of claims alleging general negligence. Basically, cases against doctors, nurses and other health care professionals are held to a higher standard than other types of claims.  It’s not enough that there was a bad outcome or even to show that the…

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Avoidable Medical Complications Prompt Millions in Penalties Against Lee Memorial

The Fort Myers News-Press reports that Medicare is penalizing Lee Memorial Health System millions of dollars over the next 12 months because the hospital’s rate of avoidable patient infections and other preventable issues is too high. The hospital system will not receive $2.4 million in Medicare payments in 2016 as…

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Report: 1 in 10 Elderly Suffer Some Form of Abuse

Recently in central Florida, two certified nursing assistants were fired and arrested on charges of battery on an elderly person after footage from a hidden camera appears to show them striking an elderly Alzheimer’s patient in their care. The 76-year-old victim’s son said he and his wife noticed the bruising…

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Birth Injury Lawsuit Results in $9.6 Million Judgment for Victims

In Northern California, there is a 3-year-old little girl who is blind. She has to be fed through a tube in her stomach. She suffers seizures. She cannot walk or talk or take care of herself. It’s not likely she’ll ever be able to do those things, and most likely,…

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Wrong, Missed, Delayed Diagnosis Happens to Majority of Americans, New Report Says

At some time in their lives, Americans will experience a missed, delayed or wrong diagnosis from a health care provider. That’s according to the latest in a series of in-depth patient safety reports by the Institute of Medicine, which is part of the National Academy of Sciences. The first of…

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State Farm Mut. Auto. Ins. Co. v. Earl – Motorcycle Accident Lawsuit

Auto insurance companies often will not pay an insured what is owed under uninsured/underinsured motorist coverage provisions without a fight.  Uninsured/underinsured motorist coverage is coverage paid for by the insured in the event he or she is injured due to the negligent actions of another driver who either has a…

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Malpractice Risk Shadows Cosmetic Dentistry Boom

America’s quest for that beautiful smile will continue to keep people flocking to their dentist for tooth whitening and implants, according to a recent survey of cosmetic dentists. But as with any medical procedure, there is a risk of injury. Our dental malpractice attorneys have a keen grasp of the…

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