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Tampa Personal Injury Blog

Should you sue your neurologist?

From a legal standpoint, neurologists have it rough. A new report from Medscape indicates that approximately two-thirds of all neurologists and neurosurgeons have been sued at least once for malpractice.

Most of the doctors say that they were surprised by the lawsuits against them -- and 86% felt like the lawsuits were unfair. Plus, 76% openly claimed that patients were mostly to blame for the lawsuits because they "simply don't understand medical risks" and then blame their doctors when bad things happen. Slightly more than one-fourth of neurologists think that the lawsuits are due to constant advertising about medical malpractice by attorneys and 12% say patients are just looking for a payday.

Medical malpractice can happen to anyone

Fame, wealth, beauty and celebrity are not equally distributed in this world -- but health problems can affect just about everyone, regardless of their social stature. So can medical malpractice.

If you want to see how little wealth and fame can protect you against medical mistakes, you only have to consider the following examples:

  • Michael Jackson died from an overdose of the anesthetic propofol, which was administered by the singer's own private doctor to treat his chronic insomnia.
  • Julie Andrews lost her iconic singing ability when a negligent throat procedure destroyed her voice.
  • Glenn Frey was well-known for being the guitarist and founders of The Eagles. He's less well-known for his death from multiple medical mistakes involved in the treatment for his ulcerative colitis.
  • John Ritter's sudden death broke a lot of hearts, and the tragedy was compounded by the fact that it was preventable. Doctors misdiagnosed his condition when he was taken to the hospital and gave him the wrong treatment.
  • Ed McMahon was a beloved game show host, comedian and announcer -- but doctors still failed to diagnose his broken neck and caused him significant long-term injuries.
  • When Prince died, many areas played tribute to his contributions to music and popular culture by lighting up the night with purple lights -- but it didn't take long for the news to break that his overdose death could have been prevented if doctors hadn't failed to treat him for addiction after an earlier overdose.
  • Comedienne Joan Rivers was famous for her sharp wit and biting commentary -- but her death highlighted the all-too-human capacity of doctors to become starstruck and make foolish mistakes that violate medical protocols.

Accident involving elderly driver leaves 1 dead

A 78-year-old woman was killed in Venice, Florida, after her 81-year-old companion turned directly into the path of a Ford PK. The elderly driver was apparently trying to make a left turn.

The 78-year-old died at the scene, and the driver was hospitalized with serious injuries. The driver of the Ford managed to avoid serious injury. The accident is currently under investigation, but it may have been nothing more than a case of an older driver (who was from New York) being confused on an unfamiliar road.

How do OB/GYN mistakes contribute to cerebral palsy?

If you were to ask most expectant parents about what is most important about their unborn child, they will very likely express a desire for a healthy child. Unfortunately, the difficult process of bringing new life into this world can sometimes result in serious injuries to both mother and baby.

In some cases, medical intervention can reduce the risks of harm and improve the outcome for mother and child. Other times, the actions or inaction of the physicians and nurses involved in the labor and delivery process can cause direct, lifelong harm to the child and indirect harm to the parents who must then absorb the financial and practical cost of caring for a child with a serious birth injury.

The hidden danger of seat belt injuries

Seat belts save lives. In a car accident, your seat belt can prevent you from being thrown forward into your steering wheel or windshield and save you from serious injuries or death.

However, seat belts can also cause certain injuries due to the opposing forces exerted against your body in the crash. Those injuries may not even be obvious immediately after an accident. Even though you may be badly injured, your adrenaline can overpower the pain you might otherwise feel. Some of the real damage may not even set in for hours, once the bleeding and swelling have time to develop.

Can you sue a rehab for malpractice?

Drug addiction and alcoholism are complex problems that most people cannot fight on their own. Many turn to rehab facilities for assistance. Unfortunately, some of those facilities are less successful than they should be -- and others are downright harmful. Far too often, addicts and their families spend thousands of dollars out-of-pocket for substandard care that may leave the victim worse off than he or she was before.

What does negligent rehab care look like?

How does comparative negligence affect a premises liability case?

The basic rule of personal injury claims, including premises liability cases, is this: The negligent party should suffer the losses associated with the accident.

But what happens when the defendant in your case (or the defendant's insurance company) claims that you are partially responsible for your own injuries? Each state handles the situation a little differently. Florida follows the rule of comparative negligence, which means that you can still collect damages for your injuries even if you contributed to your own losses. However, any damages you might be due would be reduced according to your share of the blame.

3 Floridians killed when train hits vehicle

A horrific accident between a sports utility vehicle and an Amtrak train claimed the life of a 58-year old Florida woman her two young grandsons, ages 8 and 10.

The grandmother was taking the boys to a Boy Scout camp when she failed to yield when turning left. That put her SUV right in the train's path. The train struck the vehicle and propelled it along the tracks for about a half mile before it could stop.

Cancer diagnosis issues: Know when you can file a claim

One of the reasons that so many cancers go without a diagnosis is that cancer can mimic several other diseases and illnesses. Sometimes, a doctor doesn't consider cancer as a cause due to a patient's age or a lack of risk factors.

A misdiagnosis may be devatating to you, and it's important that you know how to handle it. Here's more on this important topic.

Is there really a medical malpractice crisis?

Back in the 1980s, there was a widespread belief that medical malpractice claims were out of control. People bought into the notion that attorneys handling such claims were just ambulance chasers looking to make a quick dollar off of the newly bereaved.

Consequently, a unique loophole was placed into Florida's law that now protects doctors and hospitals from medical malpractice suits in a way that may be quite unfair to survivors.

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