Medical Malpractice

Wrong-Site Surgery in Florida: When Doctors Operate on the Wrong Body Part

Published on: August 22, 2022 | Anthony Quackenbush, Esq.

It sounds shocking, but sometimes doctors operate on the wrong body part or on the wrong side of the body. This is known as “wrong-site surgery” (WSS).

According to a study by The Joint Commission on Accreditation of Health Care Organizations, there are 1,300 to 2,700 wrong-site procedures performed in the United States every year. But these numbers may be just a fraction of the actual numbers since healthcare organizations are not actually required to report such mistakes to the Commission. Some estimate surgeons operate on the wrong part of the body as often as 40 times a week. Sometimes they even operate on the wrong person.

Wrong-site surgery victims

When You Think You Have a Malpractice Case in Florida

Published on: July 15, 2022 | Anthony Quackenbush, Esq.

While the vast majority of doctors and hospitals in Florida are capable and conscientious, there are, sadly, many cases of malpractice from incompetent or negligent practitioners. If you believe you have been the victim of malpractice, don’t wait to contact our office so we can help you build your case.

Florida law governing malpractice

In order to have a malpractice case, you must be able to demonstrate negligence. The “4Ds” must be proven in any personal injury case – duty, dereliction of duty, direct or proximate cause, and damage – but for medical cases, it applies as follows:

Misdiagnosis and Medical Malpractice – What You Need to Know in Florida

Published on: August 4, 2021 | Anthony Quackenbush, Esq.

Misdiagnosis or delayed diagnosis happens frequently in the field of medicine. Fortunately, most of the time no serious harm is done to the patient, either because the problem is not serious or the mistake is caught quickly and corrected. However, when errors or delays are caused by negligence and result in harm to the patient, the state of Florida allows patients to sue to recover damages.

Determining medical malpractice due to misdiagnosis

As with any medical malpractice case, you must demonstrate negligence. Florida law does not allow lawsuits for just any error, since medical personnel are human and will sometimes make honest mistakes or have different medical approaches that are entered into with the full expectation that they are best for the patient.

COVID-19 and Medical Malpractice Lawsuits in Florida

Published on: May 21, 2021 | Anthony Quackenbush, Esq.

On March 29, 2021, the Governor of Florida, Ron DeSantis, signed into law SB72, “Liability Protections for COVID-19-Related Claims” granting liability protections against COVID-related injury and death claims. This law protects health care providers, businesses, religious organizations, governmental entities, and individuals against civil liability by applying a heightened standard of proof for plaintiffs claiming damages due to COVID-19.

The goal of the legislation is to protect frontline workers and other health professionals and help businesses reopen. Senate President Wilton Simpson stated, “Our hardworking and dedicated health care providers have been on the front lines of this pandemic from day one, putting their own health in jeopardy to help others. Meanwhile, businesses across Florida are doing the best they can to safely reopen and keep people employed during a period of extreme uncertainty. The last thing we want is for businesses and health care providers, who do the right thing, to face a constant threat of frivolous lawsuits that hamper their ability to serve their patients and customers.”

While it may be true that some lawsuits are “frivolous,” I maintain a very high level of integrity in my practice in personal injury law. I feel a duty to help individuals in their pursuit of justice and compensation against large organizations and big businesses and never file frivolous suits. If you believe you have been harmed due to COVID-related negligence, reach out to me. We will discuss the circumstances and determine if arguing based on COVID is the best approach, or if there are other acts of negligence that took place that may be more likely to prevail in court.

Medical Malpractice and COVID-19: Do I Have a Case?

Published on: December 18, 2020 | Anthony Quackenbush, Esq.

These are unprecedented times in the medical field. The novel coronavirus, also called COVID-19, caught the medical world unprepared. There is no question that some people experienced serious harm and death while under the care of a physician who used procedures that have since been proven to be less effective or in fact harmful. The question is, do you have a malpractice case?

The answer is unclear because it depends on your particular circumstances. It’s best to talk to an experienced malpractice lawyer to review the details of your situation. In order to prove medical malpractice, we need to prove that the healthcare provider or institution violated the standard of care, an injury occurred due to this negligence, and the injury resulted in serious damage.

The problem is that there has never been a situation quite like this before; therefore the “standard of care” for a COVID-19 pandemic has not been set. Quite a few COVID-related lawsuits have been filed, and the legal definition of “standard of care” will probably evolve for some time as these cases are settled.

Proving Medical Malpractice in Florida

Published on: June 4, 2020 | Anthony Quackenbush, Esq.

Proving medical malpractice in Florida can be challenging, but if you or a loved one has experienced serious injury or death which you suspect was caused by medical malpractice, you should seek legal help from an experienced, dedicated, medical malpractice attorney.

Medical malpractice occurs when a healthcare provider has not followed a reasonable standard of care, which has resulted in the injury or death of a patient. For medical malpractice purposes, “standard of care” refers to the level at which the average, prudent provider in a given community would manage a patient’s care under the same or similar circumstances.

Therefore, in order to demonstrate medical malpractice in Florida, you must show that the healthcare provider owed you a duty of care, that the provider fell below that standard, that you suffered injury or damage that was caused by the healthcare provider’s breach of duty, and that injury or damage can be demonstrated legally.

Documents You Need for a Malpractice or Injury Lawsuit

Published on: April 15, 2020 | Anthony Quackenbush, Esq.

When you’ve been injured, whether through medical negligence or an accident, you’ll need to bring your attorney certain documentation in order to build a case for your personal injury or medical malpractice lawsuit.

Injuries that could lead to a lawsuit

Injuries can come from a wide variety of accidents or incidents, for example: vehicular accidents including autos, motorcycles, bicycles, off-road vehicles, and airplanes; pedestrian accidents; slip-and-fall or other premises accidents; dog bites or other animal attacks; and defective products.