Jacksonville Personal Injury Lawyer - Medical Malpractice

Mystery Compound That Killed Horses In Florida To Be Revealed

Eddie Farah — Fri, 24 Apr 2009 22:17:00 GMT

Early this week, the University of Florida College of Veterinary Medicine may release the name of the drug that killed 21 polo horses as they were getting ready to compete in a Florida match.

The state is awaiting the result of toxicology reports on the animals that were buried last Thursday.

It has been confirmed that the 21 horses who died received an injection only described as a compound consisting of vitamin B12, along with a form of selenium and vitamins and minerals. A similar drug is Biodyl, a French-made compound not approved in the U.S. is given to race horses to fight fatigue.

The 21 horses were preparing for a championship match Sunday April 18th and belonged to a Venezuelan owner. They began falling to the ground shortly after given the injections before the horrified spectators at the International Polo Club Palm Beach in Wellington. The horses who were not injected did not die.

We now know that Franck’s Pharmacy in Ocala, Florida prepared the compound. It is a retail compounding pharmacy used by veterinarians and physicians, and considered one of the biggest and best in the country to create customized formulas.

This fatal error in mixing customized medicines should remind us that medication errors are more common than you might think for humans as well.

Remember the twins of actor Dennis Quaid? He came into the hospital room and saw the newborns bleeding out from too much blood-thinner, heparin. The children almost died, and in fact others had when health care workers mistakenly used the higher dosage bottles instead of the low dose. The labels are both blue and very similar. The Quaids sued Baxter Healthcare.

Every year in the United States, 30 million medication errors occur, according to the National Patient Safety Foundation. Some errors are minor, but others can be serious or fatal. The patient must be their own advocate and not just blindly trust a pharmacist.

The National Patient Safety Foundation suggests:

Don’t get a prescription filled at the beginning of the month. The group’s research showed that there are more medication prescription errors then, probably because social security checks that arrive mean that more people are getting prescriptions filled.
Open the prescription at the pharmacy and show it to the druggist to make sure the correct medication has been dispensed.
Ask your doctor to write clearly, the quantity of drugs, prescription dose and patient instructions, just so there are no errors

Originally posted at InjuryBoard by Eddie Farah

Who Does Limiting Attorney's Fees Eventually Hurt?

Eddie Farah — Sat, 28 Feb 2009 12:37:00 GMT

An opinion in the Wall Street Journal this week talks about a bill introduced in the Florida
legislature, HB 903, that would limit the amount a trial attorney could take home in the case of a trial that is brought by the state.

What happens in high profile cases brought by the state Attorney General’s office is that outside firms will be brought in to help with cases. This occurs in mass litigation such as tobacco, pharmaceutical litigation or insurance fraud.

In Florida, the proposed bill would cap attorney’s fees at $50 million, while outside law firms helping with a case would be capped to 24% of the first $10 million, 20% of the next five million and 15 % of the following five million.

The lawyer would be paid at the end of the day. Remember these trials never take a day, or a month, or even a year. Sometimes it takes decades of uncompensated work to finally bring a case to resolution.

Florida already has caps on attorney’s fees. The Florida Constitution limits the contingent fee in a medical malpractice cases.

And the Florida Bar has adopted a maximum fee schedule that attorneys are permitted to charge in personal injury, property damage, product liability and auto accidents. Limits apply in medical malpractice cases if you agree to waive you right to recovery under the Florida Constitution.

And let’s not forget that in November 2004, Florida voters approved Amendment 3, even though virtually every major newspaper editorial recommended voters reject it. The medical lobby was the backer of Amendment 3, so that lawsuits could be reduced. And it’s worked. Many have been unable to find lawyers to represent them in malpractice cases.

The bottom line is that limiting reasonable fees is bad for the consumer because it limits the number of attorneys willing to take their case and limits the time they spend on individual cases. #

Originally posted at InjuryBoard by Eddie Farah

Doctors Want To Protect Their Reputations

Eddie Farah — Fri, 20 Feb 2009 22:21:00 GMT

We’ve already warned consumers against signing binding arbitration documents when going to the doctor’s office and presented with a pile of paperwork to sign. Binding arbitration means you will never be able to sue a doctor if there is an unfortunate case of medical malpractice.

Now within that same pile of paperwork is another red flag for consumers to watch for. A group out of North Carolina called Medical Justice says its signed up about 2,000 doctors nationwide who present their form to their patients. Once signed, it prohibits you from speaking publicly online about your doctor.

Medical Justice founder and neurosurgeon, Dr. Jeffrey Segal, founded the company a few years ago to prevent so-called “frivolous lawsuits,” a favorite phrase to conger up hate for lawyers while providing blanket of immunity for companies that do wrong.

The company’s “Mutual Agreement to Maintain Privacy” form promises the patient “will not denigrate, defame, disparage or cast aspersions upon,” the doctor. And you friends and family cannot either.

The prohibition applies to a service like Angie’s List, which launched a health-care rating service in March.

Founder, Angie Hicks told Florida Health News in an e-mail, “As a consumer advocate, I would oppose this practice as nothing short of an attempt to steal the consumers’ right to free speech.”

Whether you put your name on a post or not, make a positive comment or a negative one, the Medical Justice form applies.

“We’re not opposed to free speech,” Segal said to the publication. “The problem is the whole notion of being able to post anything you want. The physician can’t defend himself.”

However, one would presume if a post is public, a doctor would be able to also publish a post in response. Sounds dangerously like the suppression of free speech to me and a very bad public relations move if doctors want the public to have faith in them again.

Bottom line - when you sign up with a new doctor, read very carefully ALL of the paperwork you are asked to sign – if you see a binding arbitration form which keeps you from exercising your right to the courts, or a consent form not to speak, which violates your free speech rights – run the other way. #

Originally posted at InjuryBoard by Eddie Farah

Make Sure Your Doctor Has Insurance

Eddie Farah — Sat, 03 Jan 2009 23:20:00 GMT

Florida is facing a health care crisis right around the corner.

First there was the failing grade for access to Florida’s emergency rooms. Then there was a forecast of a doctor shortage with the word that the majority of the state’s doctors are over the age of 45.

The latest report came in December when the U.S. Bureau of Labor Statistics reported a ten-year high for mass layoffs in health care in the state. Mass layoffs are defined as a staff reduction of at least 50 people. Florida only trails California and Indiana in layoffs with more projected for the next few months.

What’s interesting is that layoffs are happening at a time when medical care is one of the few growth industries - so look to the next round of cuts in administration functions that do not involve direct patient care.

With a doctor shortage in the making added to reports that 13 percent of state doctors plan to reduce or leave medicine altogether in the next five years – who will take care of our population?

Florida could use 755 providers immediately, and more doctors accepting Medicare. Currently just two doctors have 100 Medicare beneficiaries in Florida.

What might help is a lowering of our high medical malpractice insurance- reported to be the highest in the country. With doctors paying from $50,000 to $200,000 a year, some doctors are opting out of carrying any medical malpractice insurance at all. And your doctor may not have a sign on his wall advising you of that fact.

Reportedly the trend of going without medical malpractice insurance is rising, with one-quarter to one-third of South Florida and one-eights statewide opting out of malpractice insurance under a state law that provides a loophole.

It would be wise to think twice about visiting any doctor who does not carry malpractice insurance and wiser still to have our state legislature revisit the insurance giants' medical malpractice premiums in Florida that is creating a costly situation that no one can afford. #

Originally posted at InjuryBoard by Eddie Farah

ER Access - Florida Worst In The Nation

Eddie Farah — Fri, 12 Dec 2008 00:10:05 GMT

The news is not good if you need emergency room care in Florida.

Florida ranked dead last in a national report on the ability of someone in a dire medical need to access emergency care. The study comes from the American College of Emergency Physicians.

Most of us take it for granted that if we are in a medical emergency that we can burst through the doors of the ER and get immediate attention. That is not the time to find out that the finding of this study are true.

Part of the problem is that there are not enough emergency rooms in the state. While the rest of the nation has an average of 19 ERs for every million people, Florida has just seven. And they are crowded. With the numbers of uninsured and unemployed getting care in an ER, it's likely to be a very busy place when you are facing a heart attack or a traumatic injury.

Then number of doctors who are willing to work in an ER is also a problem. Many people accuse trial lawyers of driving doctors out of state because they are required to have relatively high medical malpractice insurance.

Say in Florida that the average medical liability insurance premiums are $41,000 for primary care and $171,000 for a specialists, more than twice the average across the states, according to the report.

Yet no one is looking at Big Insurance and questioning why the premiums are so high at a time when insurance giants are making record profits and very few people actually ever file a lawsuit because of medical malpractice. Why the disconnect?

The high premiums are just not justified by the actual number of lawsuits that are ever filed, estimated to be one in eight instances of medical malpractice. That is a myth that has been perpetuated by the industry that has the most to gain - the insurance industry.

This report suggests that part of the solution is to reduce the amount a consumer should be able to collect in a judgment for pain and suffering. But it's already down to a $150,000 cap for ER doctors, so who does that hurt? You!

If you are hurt by medical malpractice and have a life-time of costs associated with the injury or - heaven forbid are killed and your survivors must carry on without you- how far will $150,000 go for pain and suffering?

Until the medical profession begins weeding out the bad doctors, who generally are the repeat offenders - seeking some recovery through the court system is often the only road one can take to find some justice. Capping any awards only hurts the consumer who is already hurt through medical malpractice. #

Originally posted at InjuryBoard by Eddie Farah

Medtronic Is In The News Again

Eddie Farah — Sat, 27 Sep 2008 01:23:00 GMT

This time patients and doctors need to be aware of a substance used to promote bone growth during spine-repair surgery. “Infuse Bone Graft” has led to complications, largely during the “Off-label” use of the drug, according to the Wall Street Journal.

The FDA has reportedly received 38 adverse health reports over four years. When the drug is used in surgeries on the cervical spine around the neck, it can lead to swelling of the neck and throat tissue. For patients that means compression in the airway and some patients have had difficulty swallowing, breathing, and even speaking.

Every year, an estimated 500,000 undergo spinal-fusion to repair and stabilize damaged discs. Also used to treat conditions such as scoliosis, which is a curvature of the spine, the Infuse Bone Graft has become a best seller for Medtronic, averaging about $815 million in the year that ended in April.

Remember Medtronic is the same company that had to issue a recall of some of its defibrillators because they were prone to running out of battery power. Medtronic also had to recall a line of defibrillator wires which delivered multiple shocks and in some cases death. The company had to settle more than 2,600 lawsuits concerning battery depletion for about $114 million.

The company is also known for paying doctors for "consulting" and seminars. Conflicts-of-interest are common and justified within the industry.

Many drug companies have adopted a new "transparency" attitude to disclosing these relationships - but until you can go to an online database and see which doctor has received what - ask your practitioner if he or she is on the receiving end.

You don't want to find out after the fact.

Originally posted at InjuryBoard by Eddie Farah

Uninsured Benefit From Right To Know Act

Eddie Farah — Sat, 23 Aug 2008 10:15:00 GMT

Beginning January 1, 2009, the Health Care Consumer’s Right to Information Act will provide medical consumers with reliable and understandable information about health care charges so a patient can make an informed decision.

The law is aimed at helping the uninsured patient who is seeking doctor or hospital services. Generally they are charged the full retail rate, not the lower rate presented to an insured patient whose insurance company has negotiated.

This puts the uninsured at a distinct disadvantage. The uninsured are more likely to be sued by a medical provider and have liens placed against their property and their wages garnished.

This Act requires that an uninsured patient receive a reasonable estimate of charges whether from a hospital, ambulatory center, osteopath, or allopathic physician for any planned nonemergency health care.

In addition, the consumer must be told about the discounts available for the uninsured they may be eligible for. The language must be written in clear and concise way to be understood by the ordinary layperson.

The estimate must be the average that is charged for that type of diagnosis or for that specific procedure.

This requirement applies to facilities not operated by the state. Within seven days after the patient notifies the facility they are uninsured, they must be provided with the estimate.

In the reception area of the facility, information about discount or charity policies must be posted. To fail to do so subjects the facility to a $500 fine.

A patient who wants to know what the standard retail rate is for 150 of the most commonly performed inpatient, outpatient, diagnostic, or preventive adult and pediatric procedures, can check with the Florida Agency for Health Care Administration, which must publish that information on its Web site.

It’s ironic that people who have the least ability to pay are the ones preyed on by the medical establishment. A hospital can be very aggressive about collecting an overdue bill and many people are forced into bankruptcy as a result. #

Originally posted at InjuryBoard by Eddie Farah

Doctors Learn To Apologize For Medical Mistakes

Eddie Farah — Thu, 21 Aug 2008 19:16:00 GMT

When the chief of staff at a Veterans Hospital in Tampa told the family of a man who died he was sorry, he broke the mold.

Doctors rarely say they are sorry, even when they make horrible mistakes. There is a national movement afoot to change that. It’s called Sorry Works! Coalition and its founder Doug Wojcieszak calls it a “massive cultural shift.”

"For decades, the typical approach of hospitals and their insurance carriers was shut up, and literally break off communications with the family” he tells the Tampa Tribune.

The fear of course is that people will take the admission of guilt all the way to the bank. But when the University of Michigan initiated an apology policy in its health care system, it lowered legal costs in half from $65,000 to $35,000 per case.

Unfortunately, wrongdoers, whether they are making a defective drug, a medical mistake, or are at fault for an accident, too often don’t have the courage to take that step.

Wojcieszak says that “Everybody thinks patients and families are out for blood, out to sue. The truth is, they want somebody to level with them, and they want to make sure it doesn’t happen again.”

He says that an apology must be immediate, sincere, include some settlement reparations and assurances that it won’t happen again.

After a 2006 survey showed a quarter of a million Medicare patients were killed from preventable medical errors, we have always believed the medical profession needs to do a better job of policing itself. Policing itself by instilling a checks and balance system to minimize medical errors, and when mistakes are made, issuing an apology, will go a long way to cutting down on legal actions.

Too often we hear what people really want is an apology for an error and an acknowledgment that sometimes people are human.

Originally posted at InjuryBoard by Eddie Farah

Florida Doctors With No Insurance Leave Patients Vulnerable

Eddie Farah — Wed, 30 Jul 2008 22:43:00 GMT

When you go to the doctor you make an assumption – that they have a license, they are a professional, that they went to medical school and have additional experience in a specialty.

Maybe you assume they have malpractice insurance, just in case something goes wrong. After all doctors do make about one million medical errors a year.

However as the old adage goes, never assume.

The Sun-Sentinel newspaper investigated a Florida physician database and finds that one-third of the physicians in Miami do not have medical malpractice insurance, and nearly one out of four doctors in Broward and Palm Beach counties are going without coverage. It's the highest uninsured doctor rate in the country. Many are being encouraged to opt out by financial advisers who say the doctors will then become a less likely target of trial attorneys.

But what about the patients? Let’s say the doctor cuts off the wrong leg, or leaves a sponge in you. Perhaps he doesn’t read the latest on a controversial drug that’s about to be taken off the market. The damage is bad enough, but without coverage, you are essentially being harmed twice. You can lose the ability to work, an income, and have mounting medical bills that you must cover if the doctor elects to go uncovered.

Most lawyers will tell you to forget filing a lawsuit, there is no insurance from which to collect.

Essentially you are walking a tight-rope without a safety net if you choose one of these doctors.

This is nothing new. For decades doctors in Florida have been able to go without medical malpractice coverage. Doctors must alert customers by posting a sign in their office. And they must promise to pay up to $250,000 if a patient receives a malpractice award, and the doctor does not opt to go bankrupt to avoid a large judgment, which is his option. One can very quickly amass a medical bill of $250,000, following a serious medical injury.

Chiropractor and Florida State Senator Dennis Jones, R- Seminole is trying to require doctors to have coverage. He points out that you need insurance to drive a cab, but not to do brain surgery? BTW- chiropractors, midwives, some nurses and optometrists must still carry coverage.

The state allowed doctors to opt out of coverage years ago to combat the high cost of malpractice premiums that can easily run into the mid-five and even six-figure range for a specialty. Five years ago, the state legislature tried to protect doctors further by limiting a pain-and-suffering award to $500,000 or up to $1 million if a medical error results in death.

Doctors were granted that protection at the same time insurance companies were allowed to charge exorbitant premiums and make record profits of 20 percent in 2006. Did anyone think of asking insurance companies to lower their premiums for doctors? Consumers are the losers here.

Please don't fail to ask your doctor if he or she has medical malpractice insurance- Never assume!

Originally posted at InjuryBoard by Eddie Farah

Couple Settles Wrongful Death Suit With NAS Jax

Eddie Farah — Fri, 04 Jul 2008 23:04:00 GMT

A couple who filed a $15 million lawsuit against the government for the wrongful death of their 15-month-old son, has settled their lawsuit for $900,000.

Thomas and Jessica Hugaboom, who've moved to Virginia, reached the out-of-court agreement last week. They said through their attorney, they did not want to go through a trial.

In 2004, their 7-month-old son, Michael, died of meningitis that was undiagnosed after three trips to the emergency room while his father was stationed at the Jacksonville Naval Air Station.

In their lawsuit, the couple says they brought Michael to the emergency room in February 2004 because of a high fever. As the fever got worse over the next three days.

Different doctors told them the child had chicken pox, would be fine, and that they shouldn't return because the baby was contagious. No blood work or urine samples were done to determine that the baby had meningitis and an entire body-wide bacterial infection.

Within a week the baby was dead.

This is just the latest in an entire string of medical malpractice incidents at NAS Jax. A $60 million negligence award to the parents of another baby boy born at NAS Jax with severe brain damage.

In August 2005, a judge awarded a blind Jacksonville boy and his parents $5.9 million after finding that his blindness was caused by negligence in the emergency room.

In 2003, a woman claimed she was given an unnecessary hysterectomy after a misdiagnosis. And a Jacksonville woman died of a heart attack there after undergoing elective hip surgery done without a cardiac evaluation.

NAS Jax is the fourth- largest medical hospital in the Navy and serves roughly 200,000 service men and women and their eligible beneficiaries.

Under federal law, the family’s lawyers receive 25 percent of the settlement. #

Originally posted at InjuryBoard by Eddie Farah