Jacksonville Injury Attorney Blog

A man settled his medical malpractice claim against the Jacksonville Naval Hospital after its employees failed to diagnose that he was suffering from viral encephalitis.

The man went to the Mayport clinic complaining of a severe headache and nausea. He was discharged without viral encephalitis being diagnosed. As a result, he had to have emergency surgery to remove part of his brain, leaving him with a brain injury. The medical negligence case settled for $950,000.00.

Continue reading "Jacksonville Man Settles Medical Malpractice Claim Against Navy Hospital" »

Medical malpractice claims, unlike those arising from car collisions, have a two year statute of limitations. Most injury claims, like those arising from slip and falls or auto accidents, have a four year statute of limitations. It is important to be aware of this shortened time frame. Our Jacksonville personal injury lawyers are sometimes contacted by people who believe they may have suffered from medical malpractice that occurred three or more years prior.

Compounding this problem, is that, unlike other injury cases, medical malpractice claims must be reviewed by a medical expert before suit can be filed. This process can take several months to complete.

The medical malpractice statute of limitations begins to run from the time a person knew or had reason to suspect medical malpractice may have occurred. This can create a dangerous "grey area" that is best avoided by ensuring that your claim is made early. Our advice: if you suspect that you may be the victim of medical malpractice, contact a medical malpractice attorney as soon as possible.

Continue reading "Beware of the Medical Malpractice Statue of Limitations" »

Chiropractors, podiatrists, and optometrists are just a few of the medical professionals required by Florida law to purchase medical malpractice insurance coverage. However, many people are suprised to learn that medical doctors are allowed to treat patients without any insurance coverage. As a result, it is estimated that as many as 1 in 8 doctors in Florida forgo malpractice coverage.

While the numbers are not as high in the Jacksonville and North Florida areas as in South Florida (where as many as 1 in 3 doctors may forgo such coverage), it is certainly a cause for concern. Absent this important liability coverage, patients who suffer catastrophic personal injuries may be unable to obtain the compensation permitted by law including medical bills, lost wages, loss of the ability to earn a living, loss of quality of life, pain and suffering, and mental anguish.

Fortunately, if you are concerned about your physician’s coverage, you shouldn’t have to ask your doctor what may understandably be an uncomfortable question. Florida law requires doctors who go uninsured to post signs in their offices and promise to pay up to $250,000 per malpractice award, with a maximum of $750,000 per year. The penalty for not paying pursuant to statute is severe: revocation of their medical license.

Continue reading "Many Florida Doctors Have No Medical Malpractice Insurance" »

The family of a 58 year old Jacksonville, Florida, woman will receive $850,000.00 to settle a wrongful death claim alleging medical malpractice on the part of the Navy Hospital.

The woman went to the hospital because of a severe headache. She was diagnosed with a migraine headache and send home with pain medication. She died from a brain aneurysm days later.

CT scans of her brain taken during that visit showed a major change compared to prior CT scans. The first of two doctors did not compare the CT scan to her prior CT scan, and, thus, did not notice the change. A second doctor did notice the change but did not act urgently to address the problem.

Continue reading "Wrongful Death Medical Malpractice Claim Against NAS Jacksonville Settled" »

A Jacksonville man died following plastic surgery and the surgeon has admitted liability for his death. Martin Gottlieb died of a heart attack after a liposuction procedure in 2004. Apparently, following the procedure, Mr. Gottlieb was supervised by an unlicensed surgical technician instead of a licensed nurse. Mr. Gottlieb began to have trouble breathing due to prescription drugs and fluid in his body. The delay in getting Mr. Gottlieb to the hospital caused his death, according to a reviewing anesthesiologist.

Recently, Florida's First District Court of Appeals denied the responsible physician's request to have his body exhumed to determine if Mr. Gottlieb used recreational drugs. If so, the doctor's attorneys would have argued the damages owed to Mr. Gottlieb's estate should be reduced to reflect a shorter life expectancy due to drug use. The Appeals Court rejected this request as it appears that there was little, if any, support for the notion that Mr. Gottlieb used recreational drugs.

Unfortunately, medical malpractice does occur. Often the legal system provides the only way for families to recover the medical bills, lost wages, and pain and suffering that results. If you wish to speak with a Jacksonville medical malpractice lawyer, please contact our Jacksonville law firm for a free consultation.

In Florida, the question of whether personal injury cases resulting from diseases contracted from blood transfusions are considered "medical malpractice" claims is being considered by Florida's Supreme Court. Our Jacksonville injury law firm has investigated similar cases, includinig the transmission of hepatitis c from a blood transfusion.

The case before Florida's Supreme Court involved a boy who contracted West Nile Virus and died as a result of a blood transfusion. After a jury trial, the parents of the boy received a large verdict. However, the appeals court reversed the verdict because the parents did not comply with the statutory presuit requirements for medical malpractice claims.

The attorneys for the parents argued that the boy did not receive any medical care from the blood bank that supplied the infected blood, and, thus, argued that the Florida statutes regarding medical malpractice claims did not apply. In contrast, the blood bank relied on the statute's definition of medical provider which expressly includes blood banks. The plaintiff's attorney responded by arguing that, while at times blood banks do provide medical care, in situations where they do not, they are not to be considered medical providers subject to the statutes.

A decision is expected in the Spring of 2009.