A 55-year-old woman who received a kidney transplant in 2007 at Southwest Florida Regional Medical Center is now suing the hospital because the kidney carried the HIV virus. Karen Cruz’s donor was a family member who was unaware at the time that they had the HIV virus. However, Cruz says that her donor’s blood was tested prior to the transplant for HIV and infection by the hospital, and even though the tests were positive for HIV, the hospital did not inform her and proceeded with the transplant. The hospital says that despite those allegations, the services they provided to Cruz … Continue reading →

A surgical technician’s surprise testimony has led to a $2.15 million medical malpractice award for a former ballerina who sued her surgeon and a Florida hospital for an alleged botched hip arthroscopy. Katie Shreffler, who was 17 at the time of her initial operation to repair a labral tear, now walks with a cane. According to court documents, Shreffler had a second operation on her hip one year later to alleviate continued pain and limited mobility following the first surgery performed by Dr. Marc Philippon at Holy Cross Hospital in Fort Lauderdale. Her second surgeon informed her that he had … Continue reading →

In order to prove a medical malpractice claim, there are four requirements that must be met: Existence of a doctor-patient relationship. You must prove that you are the patient of the doctor being sued. Your doctor was negligent. You must prove that your doctor was negligent in your treatment or diagnosis. This means that your doctor caused you some harm that a competent doctor would not have caused. The doctor’s care must be “reasonably skillful and careful” – meaning that they meet the standards of care for your particular diagnosis or problem. Your doctor’s negligence caused you harm. You must … Continue reading →

When a doctor, nurse, hospital or other medical staff or facility fails to exercise reasonable care prior to, during and / or post the delivery of a child, these actions can be grounds for a medical malpractice claim. Wrongful Birth – if a doctor or medical staff failed to warn parents about a birth defect that, had they known, would have made the decision to end the pregnancy, they may have grounds for a wrongful birth suit. Wrongful birth suits are usually brought when there has been negligence in detecting a birth defect or if genetic testing was done improperly. … Continue reading →

Most people assume that medical malpractice lawsuits are brought against doctors and hospitals, but there are a number of medical malpractice suits brought every year against nurses in the United States. Like doctors, nurses have a responsibility to perform their nursing duties in a competent manner. If they fail and that failure harms a patient, there may be grounds for a medical malpractice lawsuit. The most common types of nursing malpractice include: Failure to Act – Since nurses are the primary caregivers for patients, if they fail to take the appropriate action in an emergency or do not properly monitor … Continue reading →

Dental phobia – the fear of going to the dentist – is a fairly well documented phenomenon in the U.S. Many people do not like to go to the dentist because of the fear of pain or helplessness. Some people just don’t like the sounds associated with a dental treatment. Simply inducing fear, however, is no grounds for a dental malpractice claim. However, when a dentist’s actions (or inaction) cause an injury – either intentionally or unintentionally – it may be considered dental malpractice. Incidents of dental malpractice can include: • Failure to diagnose an oral condition or disease • … Continue reading →