Categories: Medical Malpractice Defense,
In Florida, the status of the law of joint and several liability affects a physician’s involvement in a medical malpractice lawsuit. Under current law, defendant-physicians in a medical malpractice lawsuit are liable only for their percentageof fault. Previously, all defendants were liable for the full extent of the damages, despite their degree of malpractice. These new rules affect the collectibility of judgments for plaintiff attorneys. For example, years ago, in a lawsuit against a physician and a hospital, it was virtually guaranteed that the hospital would be liable for the full verdict, even if a physician was primarily responsible for the negligence. Today, the hospital is liable only for its percentage of...
Categories: Health Law,
The conveniences of the modern age of technology may soon be spreading to the medical field in a new way, Miami health care lawyers say. In the Florida House of Representatives, legislators are debating the pros and cons of telemedicine—the new trend in an increasingly busy, technology-based country. Doctors and medical professionals are weighing in on the discussion as well, as Florida works to find a medical program that will benefit all members of the state. The telemedicine debate argues that in rural areas of Florida, where doctors' offices are few and far between, residents who need medical attention could...
Categories: Asset Protection, Medical Malpractice Defense,
Many physicians throughout the country have made the decision to drop their medical malpractice insurance.  However, simply eliminating your coverage without replacing the insurance with a thoughtful strategy is like flying a plane without a pilot.  You will certainly reduce lawsuits without the target of insurance above your head, but there is still a risk.  In order to lower that risk, doctors need to employ the following two-part strategy: Legal Defense — If you are sued, you will need to hire an attorney to defend you and your practice.  Hiring that attorney at the last minute (when the lawsuit is already...
Categories: Medical Malpractice Defense,
A Virginia woman has filed a medical malpractice lawsuit that claims she was given the wrong-sized breast implants.  Plaintiff Gwen Haden says a surgeon at a Nevada VA hospital shorted her by 50 cubic centimeters. She is asking for $150,000 in damages. Although she requested 300cc implants, following the procedure, the Air Force surgeon told Haden that he inserted 250cc implants, overfilled to 270cc, the suit says.  According to the lawsuit, upon hearing the news, Haden became “upset and obviously distraught,” the suit says. The surgeon apologized for the mistake, the papers say.  The Plaintiff’s attorney, reported that his client is...
Categories: Medical Malpractice Defense,
A malpractice lawsuit is one of the most stressful burdens of the medical profession, and dealing with that stress can compromise a doctor's ability to provide quality care for his or her patients during the ongoing legal process. Florida medical malpractice attorneys say that doctors and nurses who face litigation often lose sight of the reason they joined the medical field, and have a hard time retaining self-worth as a medical professional. Malpractice lawsuits are a regular occurrence today, as medicine continues to make advances in the modern age. Dissatisfied patients often turn to litigation as a way of "getting...
Categories: Medical License Issues, Pain Management,
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Categories: Health Law,
Lubell / Rosen Welcomes Sandra Greenblatt as Partner at New Coral Gables Office   Sandra P. Greenblatt, MBA/HA, J.D., board certified expert in transactional Health Law, has joined Lubell Rosen as a partner at its new Coral Gables office.   Greenblatt has more than 25 years of experience representing physician groups and physicians, dentists, practice management companies, payors, TPAs, pharmacies, hospitals, long term care facilities, mental health centers and other health care providers and businesses with contracts, joint ventures, the formation and representation of HMOs, MSOs, IPAs, TPAs, asset and stock sales, mergers and acquisitions and Corporate Compliance Programs, as...
Categories: Medical Malpractice Defense,
Interrogatories are written questions to a party or to a nonparty that must be answered in writing and under oath. Unlike document production requests, which are primarily designed to obtain written evidence, interrogatories are intended to create evidence by having a party commit his or her position to writing. Answers to interrogatories are used not only to obtain information but also for impeachment purposes, to prevent a witness from changing his or her story later on. For example, if a witness testifies to facts before a judge but his or her testimony differs from his or her sworn interrogatory responses, an issue of...
Categories: Medical Malpractice Defense,
No discussion of discovery would be complete without covering depositions. A deposition is a sworn statement taken under oath wherein an attorney asks verbal questions that require verbal answers. Unlike interrogatories, which are written and thereby afford the responding party significant time to formulate a response, a deposition is immediate and fast-paced. Depending on the personality of the attorney conducting the deposition, the experience can range from pleasant to downright torturous. Moreover, there is no real time limit on a deposition. An attorney can spend all day grilling and wearing down a deponent (person being deposed) until the attorney gets the...
Categories: Asset Protection,
Let me answer that question for you: They’re likely deeper than you think. To figure out just how deep, you need to put together a confidential inventory of your assets and liabilities (a.k.a. your balance sheet). Assets generally are thought of as cash, stocks, bonds, real estate, cars, paintings, IRAs, and 401(k)’s. However, the definition is much broader for collection purposes. Any future income stream is also an asset and, thereby, subject to creditors. Even if you haven’t received these monies yet, a judgment holder may get to them through a continuing garnishment proceeding. Any and all partnership interests, even...