Huff Powell Bailey’s Post

Did you know medical errors are the 3rd leading cause of death in the U.S. after heart disease and cancer? When negligent actions occur during surgery, childbirth, prescriptions, or other care that results in catastrophic injury or death, the experienced medical malpractice attorneys at Lovell, Isern & Farabough, LLP can help.

"Volenti Non-Fit Injuria" – When patients willingly accept the risks of a medical procedure, they assume responsibility for possible outcomes. Informed consent ensures that healthcare providers are protected from legal claims when complications arise within the scope of those risks. Example: Consider a patient who agrees to undergo heart surgery, knowing the potential dangers, including stroke. If a stroke occurs after the operation, the doctor is shielded from liability because the patient had accepted this as part of the informed consent process. #InformedConsent #MedicalEthics #PatientCare #HealthcareLaw #VolentiNonFitInjuria #MedicalRisks #LegalProtection

Congratulations to FOLEY, BARON, METZGER & JUIP, PLLC Member, Kim J. Sveska, for a recent successful Daubert win in a potentially high-damages medical malpractice case. A Daubert win is based on a standard which instructs judges to consider several factors related to expert witness reliability and testimony, as well as the relevance of the testimony to the case. Judges must make sure the scientific basis of an expert’s opinion are based on legitimate science, and if they are not, take the appropriate steps to exclude certain parts of the expert’s opinion, or not allow the expert to testify at trial. The case involved a spinal hematoma caused by a cervical spinal injection, and what difference it would make if the patient was taken to surgery within 12 hours versus “as soon as possible.“ Plaintiff’s expert witness supplied medical literature that failed to parse outcomes except to say if the patient was taken to surgery within the first 12 hours, the outcome would be the same. The expert reinterpreted this to mean “as soon as possible,“ which the judge found was not supported by the literature cited. Sveska also challenged the plaintiff’s expert’s credentials. The expert had no neurosurgical experience with a spinal hematoma, nor had he ever treated a patient with the same condition. The judge agreed with the defense and decided to strike him as an expert in the case. Notably, Daubert motions often come before trial, meaning the decision to strike plaintiff’s expert will most likely result in the case being dismissed.

Our Passion Fuels Every Fight, and our Results Speak for Themselves. Recent Victories for our Clients: $13M Wrongful Death - Medical Malpractice $7.5M Wrongful Death - Medical Malpractice $3M Brain Injury during Surgery (Policy Limits) $1M Wrongful Death - Medical Malpractice (Policy Limits) $1M Wrongful Death at Psych Facility (Policy Limits) $950K Medical Malpractice - Delayed Spinal Cord Injury (Policy Limits) $850K Elder Abuse Stalwart Law Group. Relentless in Pursuit of Your Victory.

Now on Amazon! “It can escalate rapidly, that's certain, from zero to a hundred" Ronnie was sitting in the staff room alongside Michael. In the background, the fluorescent lights hummed softly, blending with the recurring cacophony of cries and distressed patients from outside—a sound they had grown accustomed to over months and years, oddly enough, it didn't disturb them in the slightest. Both of them were striving to survive their residency, well aware that nothing was certain, even when relying on their established principles. Unexpected situations could arise out of nowhere, or as Michael often put it, "from zero to a hundred." One minute you're quietly reading in your room or rubbing your weary eyes, thinking the day is done, and the next moment- "Yeah, we're coming. What's his blood pressure?" Michael quickly got up from his chair. A general surgery department. At any moment, everything can turn upside down in a second. A patient bleeds nearly to death, an unknown woman arrives with a severe head injury - all within a few minutes, all based on real life events. The book "Last Week of August" describes the life of the surgical department, the fascinating world of forensic medicine and the life of police investigators, and keeps the reader in suspense until the surprising end. This is the first part of the series "Deliberate cut". #thriller #forensics #surgery https://lnkd.in/ddQUGCSw

Miami boasts some of the nation's top doctors, medical clinics, and hospitals. However, even these institutions are susceptible to negligence in patient care. When surgical malpractice occurs, the consequences can be devastating. Common errors include operating on the wrong patient or body part or leaving surgical tools like sponges inside the body cavity. Surgical teams must implement stringent protocols to prevent such serious mistakes. Medical malpractice cases are among the most intricate forms of personal injury litigation. Our team has a proven track record of successfully advocating for victims to secure the compensation they deserve. Contact us at 📞 305.249.1431 for a free consultation. #SurgicalError #lawyer #floridaattorney #DDRB #floridalaw #DDRBlaw #Florida #miamilawyers #miami #lawfirms #liability #experience #sunshinestate #Misdiagnosis #Negligence #Doctor #Diagnosis #Surgery #Patient

Medical malpractice during surgery can lead to severe and long-lasting harm to the patient. You have the right to pursue legal action if you experience health issues due to surgical malpractice. We will gather the necessary evidence and expert opinions to support your claim. Call today for your free consultation. 📞 (706) 722-8784 #nicholsonrevell #personalinjurylawyers #georgiaattorneys #scattorneys #augustalawfirm #medicalmalpractice #surgicalmalpractice

The new clinical practice guidelines for acute Spinal Cord Injury (SCI) by AO Spine & Praxis Spinal Cord Institute have just been released! The evidence-based recommendations published in the Global Spine Journal (GSJ) focus on the Timing of Surgical Decompression After Acute Traumatic SCI, Hemodynamic Management of Acute Traumatic SCI, and Intra-Operative Spinal Cord Injury. Guest edited by Michael Fehlings, Brian Kwon, Lindsay Tetreault, and Nathan Evaniew, the new Guidelines are a practical resource for spine surgeons and multidisciplinary health care practitioners when treating patients 🔗 https://brnw.ch/21wIf9D #spine #aospine #spinesurgeon #spinesurgery #spinalcordinjury #PRAXIS #guidelines

Second Circuit Affirms United’s Denial of “Facility Fee” Payments to Physicians Performing Office-Based Surgeries in New York In The Med. Soc’y of the State of New York, et al. v. UnitedHealth Grp. Inc., et al., No. 22-2702-CV, 2024 WL 177448 (2d Cir. Jan. 17, 2024), Plaintiffs, representing a class of participants in United-administered plans who received outpatient surgery at office-based surgery venues (OBSs) in New York State, appealed the district court’s judgment in favor of United finding that United did not violate ERISA when it determined that physicians performing office-based surgeries in New York are not entitled to a “facility fee.” Specifically, Plaintiffs challenged the district court’s reliance on evidence outside the “administrative record” and its interpretation of plan terms. The Second Circuit affirmed the judgment of the district court. Link to full decision and summary in the comments. #ERISA #healthcarecosts #ERISAlitigation #surgerybenefits

Medical malpractice involves various errors, from misdiagnosis and wrong medication to failure to check for drug interactions and conduct appropriate diagnostic testing. Surgical mistakes like wrong-site surgery or leaving foreign objects in the body are also common. These errors, stemming from judgment, omission, or commission, can lead to severe consequences, from disease progression to permanent harm and disability. Adherence to protocols and meticulous patient care is essential to prevent such occurrences and ensure patient safety. https://lnkd.in/eWru-d3a