Nerve Injury During Blood Draw – Orlando Medical Malpractice

February 21, 2014 by Tony Caggiano

Orlando Nurses and laboratory technicians should carefully draw blood from patients. When they do not, nerve injury can occur. For some the needle placement causes only temporary pain and injury. Unfortunately, for others, permanent and debilitating nerve injury can result when blood is improperly drawn in a hospital, lab or doctor’s office.
barm.jpg
Taking a blood sample is commonplace. Blood results are an integral part of routine patient work-ups. Annually most Americans will see a doctor and have their blood drawn so that a proper evaluation can be made as to their current state of health. Many more individuals will have blood drawn when a sudden illness or trauma occurs. As Orlando medical malpractice lawyers, we know that patients may reasonably expect a brief moment of pain, a quick “sting” when their blood is drawn. However, should you experience excruciating pain and an electric shock feeling down your arm when you have your blood taken - your technician likely injected the needle into a nerve.

While it may appear to be a simple procedure, there are rigorous standards which apply when health care professionals perform a blood draw. When these standards are not carefully followed, nerve injury can result. The two nerves which are often involved in these medical malpractice cases are the radial nerve and the median nerve. Depending on the location of the needle stick and the approach used by the nurse or lab technician, these nerves can be damaged.

Most patients who experience an injury when having blood drawn experience terribly pain immediately when the needle is inserted into the wrist or arm. Patients often express this to the nurse or laboratory technician. Often the needle is quickly removed and no lasting harm occurs. However, when the needle is not removed and the laboratory tries to continue to get the blood the risk of permanent injury is increased. There are times when a patient suffers serious pain, cries out and describes a feeling of electricity running the length of their arm into their wrist, hand and fingers. The correct response by the person taking your blood is crucial.

If you have suffered nerve damage while going to give blood, you have an excellent chance of recovery. Nerve injury can resolve with time. It may take many, many weeks or months, but nerves can come heal. With time, you may become pain free and you may regain the ability to fully use your arm, wrist, hand and fingers. Unfortunately, should you suffer harm to your radial nerve or your median nerve which does not heal within a number of months, the chances are you may well suffer permanent damage.

As Orlando medical malpractice attorneys, we have the expertise to help. Please do not hesitate to fill out the online form or call us for more information.


Orlando Medical Malpractice Law Protects Careless Doctors

January 4, 2014 by Tony Caggiano

Are you one of the nearly 100,000 innocent people who suffer injury from medical malpractice each year? Do you need a specialist to review your case without delay? Do you wish to put a medical malpractice attorney and medical doctor on your side?
images%20%281%29.jpg
The Playing Field is Not Even: In Florida the laws keep changing to protect careless you without you even knowing it. Sadly, we spend hours on the phone providing free consultations to those who have suffered from malpractice – and – have to explain the law no longer permits fair and just compensation.

The Time To Bring Suit is Limited: Sometimes those who suffer injury wait too long before they call us. There are time-limits or statute of limitations that apply to all legal claims. If a lawsuit is not commenced within the applicable statute of limitations all claims for damages – even those that are meritorious – will be forever time-barred.

Doctors Can Kill Your Unmarried Older Children and NOT pay one dime for Your Mental Anguish: Yes, you read that correctly. Under Florida’s Wrongful Death Act if a doctor, hospital or clinic commits malpractice and the child is unmarried and 25 or older, the parents have NO claim for pain and suffering or mental anguish.

Doctors Can Kill Your Surviving Parent and Pay Nothing for Your Loss: In a similar fashion under Florida Law, if one parent is deceased and the other parent dies as a result of malpractice NO child 25 or older can make seek justice for the loss of their parent’s comfort and society or for their mental anguish over the loss of their mother or father.

With the laws against you and your family, now more than ever you need the most experienced lawyer on your side when going to battle irresponsible health care providers. With record results, a civil trial specialist and a medical doctor / attorney on our team, we would be privileged to discuss your situation with you. If you prefer, just complete the Get Help Now Form and we will send you important information on how you can protect yourself in a matter of seconds.

Medical Malpractice in Surgery

December 9, 2013 by Tony Caggiano

Another tragic series of medical errors caused an innocent woman to suffer horrible injury during surgery and rendered her a paraplegic. In order to provide for the medical care and services needed for her remaining lifetime and to compensate her loss of the quality of life, a jury awarded $3.5 million.

The injured patient demonstrated that her doctors committed medical malpractice during surgery which led to significant blood loss and spinal damage. She went to the doctors for surgery to repair blocked arteries, but her doctors failed to meet accepted medical standards and used an inappropriate grafting technique. What took place in the operating room left her unable to walk and with constant pain in her legs. For decades, she will bear the consequences of these needless medical errors.

As Orlando medical malpractice lawyers, we applaud the courage of this brave woman to confront her physicians and to stand for what she believed: that people deserve careful and responsible medical care from their doctors and hospitals. Anyone considering a malpractice case should not only seek the assistance of an experienced malpractice lawyer, but should also understand that a medical malpractice case is grueling for patients who try to hold doctors and hospitals accountable for their wrongdoing. Too many times, doctors and hospitals use biased medical experts to avoid responsibility. Only an experienced malpractice lawyer who has tried many cases successfully should be entrusted to deal with such medical experts. This is no place for an inexperienced lawyer.

For more information on medical malpractice claims, you can read the Florida injury book, Seeking Justice: An Insider's Guide for the Injured. When I wrote this book, I hoped it would help people who suffered from malpracticecar accident protect themselves and understand the important issues before it is too late. I also wanted to provide a solid method for injured people to find the right lawyer. From the reviews we have received, it has done just that. For anyone injured by a Florida doctor or hospital, a Free copy of this book can be a great place to start.

book-small.jpg

Medical Malpractice Statistics

November 12, 2013 by Tony Caggiano

Orlando doctors and hospitals continue in their efforts to prevent injured patients from holding them responsible for the harm and losses caused by medical malpractice. Rather than take responsibility for the harm caused by medical neglect, doctors and hospitals continue to try to change the laws so they will never be held accountable for serious injury and death. While you may not even realize that individuals can NO longer recover full and fair compensation for serious injury or death caused by medical malpractice, you should know some of the statistics that doctors and hospitals do not usually share. As Orlando medical malpractice lawyers, we think people should know the truth about medical malpractice so they can protect themselves and their families.

A study by the Institute of Medicine of the National Academy of Sciences estimated that as many as 98,000 patients may be killed each year in hospitals alone as a result of medical errors. Other studies also found that there is a serious national problem. Interestingly, just 5.1 percent of doctors account for 54.2 percent of the malpractice claims paid according to data from the National Practitioner Data Bank. Of the 35,000 doctors who have had two or more malpractice payouts since 1990, only 7.6 percent of them have been disciplined. And only 13 percent of doctors with five medical malpractice payouts have been disciplined. That means few doctors ever take responsibility for their bad medical practice unless a patient brings a medical malpractice claim.

In addition, doctors and their families have admitted to the dangers in our hospitals and doctors' office. Specifically, a survey of doctors reported in the New England Journal of Medicine found that more than a third of the doctors said they or their family members had experienced medical errors, most leading to serious health consequences.

When medical malpractice strikes you or your family you must know how to hold the doctors or hospital responsible for the injury they cause. The Florida Medical Malpractice Book, Seeking Justice: An Insider's Guide for the Injured. explains what to do if you believe you or a loved one has been a victim of medical malpractice. It also provides a solid method for injured people to find the right lawyer- one who The Florida Bar has certified as a medical malpractice specialist. For anyone injured in Florida, a Free copy of this book can be a great place to start.

book-small.jpg

Out of the 80,000 Florida lawyers- only 2 percent are certified as specialists in civil trial law, which includes medical malpractice. Everyone should understand that medical malpractice cases have many complex issues that lawyers who do not specialize may not be aware of. Unfortunately, if a lawyer does not know the important issues involved in medical malpractice cases, it is the client who will suffer.

Orlando Medical Malpractice Involving Medication Errors

October 2, 2013 by Tony Caggiano

When doctors prescribe medication most people assume it is safe. Parents usually give little thought when pediatricians order antibiotics medication for their children. Unfortunately, as Orlando medical malpractice lawyers, we have seen too many people trust their doctors to the point where serious injury or death results.

In today's healthcare market, thorough medical visits, safety checks and proper documentation can no longer be assumed. With medical practices trying to increase profits and health insurance paying less for medical services, less time is spent with patients. Too often this leads to errors in medication. For example, when a patient tells their doctor that they are allergic to penicillin and the doctor or hospital fails to document that, a fatal mistake can occur. While this happens on a regular basis, few people want to believe this.

When pediatricians prescribe powerful antibiotics it is necessary to order blood tests to monitor the level of the antibiotics. If the concentration of the antibiotic is excessive it can cause kidney damage. Who would believe that pediatricians would forget to order the blood tests? Yet, we have seen this happen with fatal results. Times have changed and healthcare consumers must take action to protect themselves. Do not be afraid to ask questions and make sure that all allergies are documented.

Choosing Orlando Medical Malpractice Lawyers

September 20, 2013 by Tony Caggiano

While there are more than 80,000 lawyers in Florida, there are only a small number of lawyers who specialize in medical malpractice law. Most people may not be aware that the Florida Bar has certified lawyers less than 2% of Florida lawyers as specialists in civil trial law which includes medical malpractice. In addition, there are even fewer Florida lawyers who are also a licensed medical doctor.
surgery1.bmp
As Orlando medical malpractice lawyers, we offer both a board certified trial lawyer and a medical doctor/lawyer. Along with a critical care registered nurse who serves as medical case manager, clients receive the medical and legal expertise necessary to take on the "medical giants." People should understand what they are up against when they are considering a medical malpractice lawsuit. No other area of law may be as complex and confusing when it comes to seeking justice for injury or death.

Unless the patient has a medical malpractice lawyer with a long track record of success in dealing with these tactics, the patient may not even have a fighting chance for a just result. Indeed, we believe so strongly that the selection of a medical malpractice lawyer may lose the case years before it ever goes to trial that we have written a book to help consumers select the right lawyer. We continue to make the book, Seeking Justice: An Insider's Guide for the Injured, available at no charge.

The Florida Medical Malpractice Book

August 18, 2013 by Tony Caggiano

When medical malpractice strikes you or your family you must know how to hold the doctors or hospital responsible for the injury they cause. The Florida Medical Malpractice Book, Seeking Justice: An Insider's Guide for the Injured. explains what to do if you believe you or a loved one has been a victim of medical malpractice. It also provides a solid method for injured people to find the right lawyer- one who The Florida Bar has certified as a medical malpractice specialist. For anyone injured in Florida, a Free copy of this book can be a great place to start.

book-small.jpg

Out of the 80,000 Florida lawyers- only 2 percent are certified as specialists in civil trial law, which includes medical malpractice. Everyone should understand that medical malpractice cases have many complex issues that lawyers who do not specialize may not be aware of. Unfortunately, if a lawyer does not know the important issues involved in medical malpractice cases, it is the client who will suffer.

Many people have asked why we are giving away such a valuable book. Well, we believe that people deserve to be treated fairly. Over the past 20 years, we have seen too many decent, honest people taken advantage of by doctors, hospitals and insurance companies after medical malpractice happens. This book gives injured people a fighting chance right from the start-Before it is too late.

Medical Doctor/ Lawyer For Orlando Medical Malpractice

July 1, 2013 by Tony Caggiano

If someone is considering surgery, the experience of the surgeon would certainly be an important concern. Few people would want a surgeon who had never performed the same surgery. No one would want to be the surgeon's first patient to undergo a particular operation. As Orlando medical malpractice lawyers, we believe that patients and families would want to have a medical doctor who is also a lawyer represent them in medical malpractice cases.

Unfortunately, when medical malpractice strikes few people know where to turn. Even fewer people realize that there are lawyers who are also medical doctors who handle medical malpractice cases. Yet, what better advantage could a patient have than to have a lawyer who is licensed as a medical doctor. Dr. Walter Ward has a distinct advantage to be able to confront the doctors involved by going into the case with a complete understanding of the medical issues involved. Obviously, it is much more practical when a lawyer has first hand experience as a medical doctor who was educated and trained from the standpoint of the doctors who are responsible for the medical malpractice.

When selecting an Orlando medical malpractice lawyer hiring one that is a medical doctor/lawyer should bring a higher level of confidence. These cases are complex and can be lost if the patient's lawyer does not understand the medicine involved.

Florida Medical Malpractice Caps – Unconstitutional?

June 25, 2013 by Tony Caggiano

As an Orlando medical malpractice lawyer, I eagerly await Thursday mornings. Wherever I am, the Florida Supreme Court’s weekly release of opinions is on my mind or on my computer screen. After the Florida legislature banged its final gavel for the 2013 session, medical malpratice lawyers, hospitals, doctors and insurers turned their eyes back to the Florida Supreme Court – waiting for its decision in the case of McCall v. United States.

Following the 2003 egregious tort reform, too many patients and their families have been deprived of fair compensation when harmed by careless doctors and hospitals. The Florida Supreme Court in McCall will determine whether Florida’s medical malpractice caps on pain and suffering damages are constitutional. Presently, Florida Statute section 768.118 sets forth an arbitrary and capricious limit on the amount of money a jury may award an injured plaintiff and their family for pain and suffering from a medical malpractice claim.

While no one knows how the court will rule, recent court decisions involving birth-related injury and arbitration offer hope for Florida patients and families. In Samples v NICA, the parents of a brain injured child challenged the constitutionality of a provision of the statutes creating the Neurological Injury Compensation Association. The Samples argued the statute provided unfair and unequal compensation to families with two parents versus families with only one parent. That is, with a one-parent family, that one parent can receive $100,000 for his/her pain and suffering. However, if there are two parents, each parent is limited to something less than that amount. While the court upheld the constitutionality of the statute, it did so based on the need to preserve the actuarial soundness of the “no-fault” program. Importantly, while the District Court relied upon the legislature’s finding of a medical malpractice crisis, the Supreme Court did not.

In Franks v. Bowers, MD the Florida Supreme Court struck down a private, medical malpractice arbitration provision that differed substantially from Florida's statutory arbitration provision. The majority opinion written by Justice Perry was joined by Justices, Lewis, Labarga, Pariente and Quince. These five justices agreed that the statutory scheme of the arbitration provisions in Chapter 766, which provided benefits to patients in return for the limitations on damages, was critical to the Court’s earlier decision in University of Miami v. Echarte, 618 So.2d 189 (Fla. 1993) – finding it constitutional.

Perhaps the Court will decide in McCall that there was the absence of sufficient proof of a medical malpractice crisis; or, that there were alternative remedies available and no justification to strip precious rights for those who suffer the most harm from malpractice. Whatever the outcome in McCall - theses decisions certainly foreshadow the type of analysis we can expect…hopefully soon!


Hospital Emergency Department Malpractice

May 13, 2013 by Tony Caggiano

When Orlando residents and visitors go to a hospital emergency department, they expect to receive appropriate attention. Unfortunately, tragedy can result when hospitals fail to promptly and correctly treat those presenting with a potentially life-threatening condition. Sadly, a family of a young man who died after seeking emergency care received a multi-million dollar jury award due to a careless delay in treatment.
j0314367_197520_7.jpg
A young, hard-working professional went to the hospital emergency department complaining of headaches. As Orlando medical malpractice lawyers, we can share that the fact that his headaches were so severe as to cause him to go to the emergency department is, standing alone, significant. However, this fact appears to have been given little weight by the medical staff. After waiting around for assistance for more than five hours, the patient's condition further deteriorated to a level that required immediate attention. Tragically, by the time he was evaluated by a doctor and sent to surgery it was too late. He suffered a brain herniation and died during the surgery.

While every case is different, these circumstances highlight the importance of hospital nurses properly and timely evaluating patients. They have an obligation to monitor patients and notify physicians so that patients may promptly receive the necessary care. Nurses should be advocates for their patient and do what they can to protect them. Too often in our cases, nurses try to pretend to be incapable of "thinking for themselves." Of course, this is nonsense. With their training and education, they understand when a patient needs to be seen by a physician quickly.

Differential Diagnosis in Orlando Medical Malpractice Lawsuits

April 1, 2013 by Tony Caggiano

Doctors are trained to understand that many conditions have similar signs and symptoms. While in medical school, they learn the most careful method to determine the likely cause of a person's difficulties. While just students, they are taught to list all possible conditions that could be causing the patient's complaints. The list should begin with the most serious possibilities first and move down to the least harmful.

This list of potential causes is called a "differential diagnosis." Once the differential diagnosis is thoughtfully prepared, the physician goes down the list, one at a time, to rule out each item listed. By doing so, it is a relatively easy process to reasonably ensure that a patient receives the proper evaluation and diagnosis.

As Orlando medical malpractice lawyers we find that needless injury and death results when doctors choose to ignore the importance of preparing a differential diagnosis. Too often careless assumptions are made. Obviously, if a doctor does not consider and rule out all potential life-threatening conditions, the patient's well-being is needlessly put in jeopardy. Yet, when this occurs rarely do health care providers take responsibility for the consequences of their actions. Rather, the lawyers hired by the doctors and hospitals try to avoid any discussion of the need to do a careful differential diagnosis. Unless the patient's lawyer focuses on its importance, the defense may succeed in making the case appear complex and confusing.

While medicine can be complex, much of the practice involves basic steps, that if followed, will limit or reduce any likelihood of an untoward event. Journals have reported that if physicians and hospitals used a simple check list, the risk of infection would be reduced dramatically. Doesn't everyone deserve that kind of careful medicine?


Federal Tort Claim for Malpractice

March 17, 2013 by Tony Caggiano

Injury caused by any federal agency, including the Department of Veteran’s Affairs (VA), U.S. Postal Service and the Department of Health and Human Services involves special federal laws. When harmed by the United States government, individual's rights are generally governed by the Federal Tort Claims Act (FTCA).
supremecourt.jpg
Whether it involves medical malpractice by a federally funded health care facility or a car accident caused by a United States postal worker, before a lawsuit can be filed under the Federal Tort Claims Act, a written administrative claim must be presented on a special form to the federal agency employing the person who caused the injury. The agency then has six months to either admit or deny the claim. A lawsuit cannot be filed until the administrative claim has been denied or until six months has passed without the agency acting on the administrative claim.

In such cases, a federal judge, not a jury, will decide the case. In other words, a federal district court judge decides who wins the case. For all of these reasons, if you or a family member is injured by an employee of the federal government, you need a competent federal tort lawyer who has tried FTCA claims in federal court.

While there are more than 80,000 attorneys in Florida, there are only a small number of lawyers who specialize in civil trial law. Most people may not be aware that the Florida Bar has certified less than 2% of all Florida Bar members as specialists in civil trial law - which includes injury caused by federal employees. In addition, there are even fewer Florida lawyers who are also licensed as a medical doctor at the same time.

There is certainly an advantage to have both a board certified trial lawyer and a medical doctor/lawyer pursuing the United States in a legal action. These cases require significant medical and legal expertise in order to take on the government attorneys who will defend the tort claim. People should understand what they are up against.

We believe so strongly that the selection of the wrong lawyer may lose a case years before it ever goes to trial that we have written a book to help consumers select the right lawyer. We continue to make the book, Seeking Justice: An Insider's Guide for the Injured, available at no charge. Give yourself a fighting chance to win a just result.