The FDA is recalling the MRL/Welch Allyn AED 20 Automatic External Defibrillator that is used by emergency personnel in hospitals, at fire stations and other risk management departments to treat heart attack victims. The defective equipment may show an error message (Defib Comm) which can result in the medical personnel giving improper treatment. Hospitals, fire departments, and ambulance...
For years patients have been forced to sue physicians and hospitals because they just could not get a straight answer from them about what happened and why. Many times an apology and an offer to correct the problem would have prevented a lawsuit. Other times, especially in cases of clear negligence a fair settlement offer at the outset of the injury would prevent the time, expense and...
The 2003 Florida Legislature with former Governeor Jeb Bush's backing passed caps on medical malpractice cases taking the decision of the amount of fair compensation of injuries away from the jury. Florida law has a $150,000.00 cap for "pain and suffering" for emergency room negligence and $500,000.00 caps for other cases. If medical negligence causes the wrongful death of a patient the cap may...
Well the Federal Government finally seems to be starting to do something about the extensive malpractice occurring in our hospitals. Up until now, if malpractice was committed on a patient at a hospital the hospital would actually profit from the malpractice by billing for and getting paid from Medicare for the cost of the care stemming from the malpractice that they caused. Now Medicare...
According to a recently published online study by the American Academy of Dermatology, patients that want to see a dermatologist for an evaluation of potential cancer in a mole must wait much longer than it takes to get an appointment to the same dermatologist for a cosmetic Botox injection. Given the malignant melanoma is so very deadly it is disappointing to see that patient health care is...
In a study published in the May edition of the Michigan Law Review, Professor Philip D. Peters, Jr. states that The efforts of the Bush administration to reform the tort system on medical malpractice and decrying 'runaway' jury verdicts was phony. Studies which were examined showed this claim to be unsupported by actual data. The study also revealed that juries are "more likely to defer to...
Under the Florida Statutes (FS 458.320) in order for a doctor to have hospital medical staff privileges the physician must meet certain financial requirements in order to pay medical malpractice judgments against the doctor for negligent medical care. However, the Florida Surpeme Court held a hospital has no duty to ensure a doctor complies with the statute.As a result of this court ruling, a...
A Tampa jury awarded a family $23.5 million dollars for the wrongful birth of their second child. The jury found a University of South Florida physician was negligent for giving the go ahead to the couple to have a second child even though the couple's first child had severe disabling birth defects. Had the doctor properly diagnosed this genetic disorder (Smith-Lemil-Opitz syndrome) in the...
Check out Eight Tips for a Safer Hospital Stay . These suggestions could make a hospital stay safer and prevent you and your family from being victims of hospital negligence or a doctor's malpractice.For more information on this subject, please refer to our section on Medical Malpractice and Negligent Care.
The California 2nd Disctrict Court of Appeals upheld the decision of a lower court which awarded a County Harbor-UCLA Medical Center patient $150,000 in pain and suffering. Although the California medical malpractice awards caps are $250,000, a 28 year-old male patient of Harbor-UCLA hospital was awarded $150,000 for the pain and suffering he sustained due to complications from an emergency...
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