Medical Malpractice

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  • How Common Are Emergency Room Errors?

    Posted By Maher Law Firm || 5-Jan-2018

    Each year, more than 100 million people visit the ER, according to the Centers for Disease Control and Prevention (CDC). Furthermore, it is estimated that around 5-10% of all emergency room visits experience a medical error. This means there are millions of emergency room mistakes occurring every year in the U.S., putting patients at risk for serious injuries and life-threatening conditions. ...
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  • Defective Medical Device Injuries: Next Steps to Take

    Posted By The Maher Law Firm || 18-Dec-2017

    Defective medical devices like faulty surgical instruments, implants, pacemakers, and various prosthetics can cause serious injuries or death. Depending on the situation, a person who has been harmed by a defective medical device can bring about a product liability or medical malpractice claim to recover the damages that they have suffered. In this blog, we explain what steps to take if you or a ...
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  • America's Ongoing Opioid Crisis: Who's Responsible?

    Posted By The Maher Law Firm || 15-Dec-2017

    Many have argued that Big Pharma, specifically Purdue Pharma, is responsible for the opioid crisis that is currently sweeping our country. This popular sentiment was actually backed up by former DEA Agent and whistleblower Joe Rannazzisi on “60 Minutes.” However, Rannazzisi added a new twist to this view when he said, “the opioid crisis was allowed to spread - aided by Congress, ...
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  • Surgical Never Events

    Posted By Maher Law Firm || 17-Nov-2017

    Surgical procedures are meant to save or improve patient lives, but when things go wrong because of human error, the consequences can be serious. According to research from the National Practitioner Data Bank, doctors commit “never events,” which are medical mistakes that should never happen, roughly 4044 times a year. The term never events was introduced by Dr. Ken Kizer over 15 years ...
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  • Can You Sue for Nurse Negligence?

    Posted By Maher Law Firm || 19-Sep-2017

    Most people know that doctors can be held accountable for their actions by patients who sue them for medical malpractice, but can you do the same for other medical attendants such as nurses? Because nurses aren’t actually doctors, many people aren’t sure if they’re subject to the same rules and laws that protect patients. Here are what the laws say regarding nurses and how they ...
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  • Prescription Errors Are More Common Than You Think

    Posted By Maher Law Firm || 23-Aug-2017

    Millions of Americans have filled a prescription at some point in their lives. While we trust our medications to help with our needs, prescription errors can cause significant harm. Many medication errors are discovered before they can cause harm, but 1.3 million Americans are injured by prescription errors each year. Prescription mistakes are surprisingly common, considering the serious ...
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  • At What Age Can Cerebral Palsy Be Diagnosed?

    Posted By Maher Law Firm || 9-Aug-2017

    Cerebral Palsy is a condition that often results from an injury shortly before or during delivery. This condition can take time to diagnose, as there is no single test for Cerebral Palsy. As a parent of an injured child, you need a diagnosis to get help for you child, and it can be frustrating to wait to find out what may be wrong. In severe cases of Cerebral Palsy, it is possible that the ...
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  • How Long Do You Have To Sue a Hospital For Medical Malpractice?

    Posted By Maher Law Firm || 2-Aug-2017

    As a patient, you have the right to expect that your medical care will be safe, well informed, and adequate care will be taken to protect you. If you are injured by your medical care provider through negligence, however, you should have the right to receive compensation for your injuries. A medical malpractice claim can hold those responsible for your injuries accountable, and provide you with ...
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  • Does Florida Have a Medical Malpractice Cap?

    Posted By Maher Law Firm || 13-Jul-2017

    Patients injured by the negligence of a health care professional are able to recover damages through a medical malpractice claim. While many states have strict limits on what you can collect in medical malpractice damages, Florida has no caps when it comes to compensatory damages, which include economic and noneconomic damages, but it does limit punitive damages. Economic Damages Economic damages ...
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  • How Long Do You Have to Sue a Hospital for Medical Malpractice?

    Posted By Maher Law Firm || 3-Jul-2017

    In every state, there are time limits for the filing of lawsuits, known as statutes of limitation. If you are injured due to medical malpractice, one of the biggest mistakes you can make is waiting too long to file a claim. A few states have time limits as short as a year from the date of treatment, while the average is approximately 2 years to file a medical malpractice lawsuit. Discovery Rule ...
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  • Can You Sue an Entire Hospital for Malpractice?

    Posted By Maher Law Firm || 28-Jun-2017

    If you are injured by a medical professional during the course of treatment at a hospital, who is liable? Should you sue the health care practitioners, or can you go after the entire hospital for malpractice? If you are seeking damages, it is important to know who is liable before you build your case. Employee or Independent Contractor? Hospitals are usually responsible for the actions of their ...
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  • How Long Does a Hospital Have to Respond to a Grievance?

    Posted By Maher Law Firm || 19-Jun-2017

    In 2004, the Centers for Medicare and Medicaid Services (CMS) issued a revision to the interactive guidelines related to patient grievances. One of the most notable changes in the guidelines discussed the timeline in which a hospital has to respond to a grievance, which is important for victims of medical malpractice. Typically, the final step in a medical malpractice case is the drafting and ...
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  • How to File a Medical Malpractice Lawsuit

    Posted By Maher Law Firm || 15-Jun-2017

    If you have been injured in a hospital and are thinking about filing a medical malpractice lawsuit, you should be prepared for what that entails. You’ll need to comply with pre-suit requirements, collect copies of your medical records, and draft and file your complaint. Learn the basics to filing a medical malpractice case below. Consult with an Attorney The world of medical malpractice is a ...
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  • How to Find Out if Your Doctor has Any Malpractice History

    Posted By Maher Law Firm || 6-Jun-2017

    When it comes to deciding on a doctor, one of the first things you should look at is their history of medical malpractice. Unfortunately, finding this information isn’t as easy as it should be, especially when a doctor has changed the state in which they practice. If you’re in the market for a new doctor, take these steps find out about their past: Select a few doctors to research. ...
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  • A Closer Look at Cerebral Palsy and Delivery Room Negligence

    Posted By Maher Law Firm || 17-May-2017

    Cerebral palsy is a medical term for a number of neurological disorders that can result in problems with muscle coordination, movement and/or posture. While various factors can cause cerebral palsy, in the context of birth injuries and delivery room negligence, cerebral palsy cases typically occur from an insufficient amount of oxygen reaching an infant’s brain (hypoxia) or to the body ...
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  • Why Brain Injuries Need to Be Taken Seriously

    Posted By Maher Law Firm || 3-May-2017

    The brain is considered the most important and complex part of the human body since it controls every bodily system. Unfortunately, it is also extremely fragile. Trauma and damage to the brain can result in catastrophic injury and permanent disability. The fact is, there is no such thing as a “mild’ brain injury. Symptoms of an underlying brain injury include: Nausea or vomiting ...
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  • Filing a Lawsuit for Misdiagnosis: The Basics

    Posted By Maher Law Firm || 28-Apr-2017

    Many medical malpractice lawsuits derive from the misdiagnosis or delayed diagnosis of an injury, illness, or another type of medical condition. When a doctor’s diagnosis error results in incorrect treatment, delayed treatment, or no treatment whatsoever, a patient’s condition can worsen to possibly fatal proportions. However, misdiagnosis or a diagnosis error on its own is not enough ...
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  • How to Know If You Have Medical Malpractice Case

    Posted By Maher Law Firm || 15-Mar-2017

    Medical malpractice occurs when a patient is injured by a doctor, nurse, or another healthcare professional who fails to perform his or her duties in a competent manner. While the rules about medical malpractice differ from state-to-state, there are some general principles that apply to most cases. In order to prove that medical malpractice happened, you must demonstrate all of the following: A ...
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  • 4 Elements of a Successful Medical Malpractice Claim

    Posted By The Maher Law Firm || 18-Jan-2017

    Imagine this: you went to the hospital to have your appendix removed – a fairly routine procedure. You trusted that the surgeon was qualified to handle the procedure, but something went wrong, and now you are experiencing excruciating pain. The doctor says you are suffering from unexpected complications. Is this a case of medical malpractice ? The short answer is, it depends. There are four ...
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  • Birth Injury: What You Need to Know

    Posted By Maher Law Firm || 17-Nov-2016

    Nerve damage, brain injuries, brachial plexus injuries, broken bones, and cephalohematoma are just some of the many injuries that a baby may suffer at the hands of a negligent doctor. When doctors fail to provide their patients with a standard level of care and injury results, they can and should be held accountable for their actions. An attorney may file a birth injury lawsuit on behalf of the ...
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  • Nursing Home Abuse: What Are the Warning Signs?

    Posted By The Maher Law Firm || 11-Aug-2016

    The elderly deserve our respect. These are our parents, grandparents, aunts, uncles, and teachers that have cared for us and now need care themselves. In many cases, however, the elderly are taken advantage of. They are abused and neglected by people who see their age as a weakness. The problem of nursing home abuse and neglect is one we should all know how to recognize and prevent. Elder abuse is ...
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  • New Study Names Medical Errors Third Leading Cause of Death in U.S.

    Posted By Maher Law Firm || 4-May-2016

    A Johns Hopkins University study recently published in the BMJ estimates that medical errors are the third leading cause of death in the United States behind heart disease and cancer. The study further revealed that shortcomings in tracking statistics are keeping the issue out of the public eye and hindering important research that would lead to more resources promoting patient safety. Fatal ...
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  • Should 'Gag Clauses' Be Used in Your Medical Malpractice Settlement?

    Posted By The Maher Law Firm || 15-Jun-2015

    A recently published study takes a critical look at nondisclosure provisions, or "gag clauses," which are commonly used in the settlement of medical malpractice claims in Florida and across the country. These nondisclosure provisions generally are aimed at shielding a medical professional and/or hospital from the negative publicity that can arise when news of a medical error - especially one that ...
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  • 'Superbug' Cases Arose in Florida Several Years Ago

    Posted By The Maher Law Firm || 2-Apr-2015

    Recent media reports have focused on a drug-resistant "superbug" that has infected and killed patients exposed to contaminated endoscopes in California. According to Bloomberg, the same type of medical devices - and the same superbug - contaminated 70 patients and killed 15 patients in Florida six years ago. According to the Florida Department of Health, patients at two hospitals in ...
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  • Do Florida Doctors Have to Reveal Mistakes to Patients?

    Posted By The Maher Law Firm || 17-Jan-2014

    Hundreds of thousands of people are victims of medical errors every year. Accurately estimating the number of people harmed by medical errors is difficult, as many of these mistakes go unreported. The most recent study on the prevalence of medical errors estimates somewhere between 210,000 and 400,000 fatal errors occur each year. This makes medical mistakes the third leading cause of death in the ...
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