Glick Law Firm, P.A.

Whether or not your disappointing surgical outcome would constitute medical malpractice depends upon your surgeon, his staff, or someone under his supervision having been negligent in performing their duties. Furthermore, this negligent act would have to have been the cause of the unsatisfactory surgical outcome. One such negligent act would be the surgeon’s failure to fully inform you of the possible consequences of surgery and his failure to obtain your written informed consent. This is usually a form they present you before surgery.

For example, if the anesthesiologist failed to wash his hands and follow other infection control precautions, but there were no adverse affects from his negligence, nor did this affect your unsatisfactory outcome, you would probably not have sufficient cause for a case against him.

If your doctor promised satisfactory results in writing, he may have made a careless mistake in promising what he can’t always deliver, but this would probably not constitute malpractice. But, you might be entitled to a settlement (i.e., refund of any payments you made, hospital costs, loss of income,) depending upon how much he promised.

Unsatisfactory surgery is a broad description. There are many considerations that would determine if it constitutes malpractice, such as:

• Were you informed and give informed consent with full knowledge of the possibility of unsatisfactory outcomes?
• What was the expected outcome for you having this surgery, at this time?
• Were your expectations unrealistic.
• Did you contribute to causing the unsatisfactory results (e.g., not truthful with your doctor, withholding key information that affected the outcome.)
• What kind of surgery did you have?

Because there are too many possible scenarios that determine malpractice you need the advice of an attorney experienced in malpractice claims. If you would like more information or a free consultation please contact Glick Law Firm, P.A. in Boca Raton, Florida today.

The basis of all medical malpractice claims is the failure to perform primary duties standard to the practice in question. These are the failure to diagnose, misdiagnosis or delayed diagnosis; failure to treat or giving inappropriate treatment; and failure to obtain informed consent. Within these definitions there are many possible errors or negligent acts that constitute medical malpractice.

Failing to diagnose serious conditions such as cancer, heart attack, or appendicitis have resulted in some of the highest settlements.

Surgical errors, such as amputating the wrong limb, or leaving surgical instruments inside the patient are beyond acceptable excuse. When setting acceptable thresholds for error, certain procedures require 0% error tolerance. Errors such as these, along with blood transfusions are among those that are easy to prevent and can occur only under negligent conditions.

Anesthesia is the most dangerous aspect of surgery. People have reported being conscious, and even feeling pain during surgery while still being physically anesthetized (immobilized.) Others have died from over-sedation. And others have had serious after-effects from anesthesia. Symptoms include weakness, temporary paralysis, pain and muscle spasms, among others. Patients who have taken St. John’s Wort and other herbal remedies can experience bad interactions with anesthetic gasses, including malignant hypotension–an irreversible drop in blood pressure usually leading to death.

Obstetrical errors can include delaying a Cesarean section resulting in injury to or death of the mother, or any of several possible permanent birth injuries to the baby.

The emergency room (ER) is a particularly disturbing place for an act of malpractice to occur. It is in this unique area a patient is totally dependent upon the skills and judgment of specialized personnel. It is not uncommon to find people waiting for hours in an ER with injuries or illness worsening rapidly. It’s not uncommon for patients to have their complaints dismissed out-of-hand when the ER is busy, or if a patient has the words “anxiety,” “anxious,” or anything that suggests they may be exaggerating their condition, seeking attention, or are a difficult patient for any other reason.

It’s not uncommon in an emergency situation for care providers to be working quickly and make a mistake. This is even more likely if there are multiple victims and staff is spread thinly or supplies running low.

Medication errors are among the most common errors of all. Medication errors are made every day, and many are not reported. The Institute of Medicine reports an annual death rate from medication errors was 7,000 persons (averaging 19 per day!)

For a free consultation on medical malpractice please contact Glick Law Firm, P.A. in Boca Raton, Florida today.

Infections occur despite federal and state regulations and guidelines designed to prevent them. These guidelines cover hand-washing techniques, washing before and after visiting every patient, wearing gloves and other protective gear, isolation procedures, equipment sterilization, laundry, housekeeping services, plates and eating utensils, and other preventive measures.

Preventing hospital-acquired infections has long been a major requirement for all medical facilities. Smaller hospitals have at least one person responsible for infection control, and larger hospitals have a dedicated infection control department. These departments receive reports of all infections in the facilities under their governance, and investigate the causes of, and follow-up on all hospital acquired infections.

Infection control also ensures that all hospital employees are trained in “universal precautions,” the most common infection control policies and procedures, and document their competency in performing these. Employees in specific areas such as surgery, isolation units, emergency care, pediatrics, nurseries and other units that have unique factors to consider (i.e. sterilization of implements,) are trained in the cleaning and preventive techniques specific to those areas.

Patients with known transmissible diseases, such as methycillin resistant Staphylococcus Aureus (MRSA), are placed in isolation, and everyone who enters the room must cover their bodies completely, with gown, gloves, booties, mask and head cover. These items are removed and discarded and the employee or visitor can wash their hands in an alcove before exiting to the hallway.

Despite these infection-specific preventive efforts, hospital-acquired infections still occur. According to a December 2007 article by the Mayo Clinic staff 1.7 million infections are associated with the delivery of healthcare, and implicated in 99,000 deaths annually. For those who survive the infection, the effects of these can have serious consequences for many people. A few of these include recurrent infections, scarring, pain, secondary impact on other health conditions, increased medical costs, loss of work, or disability.

Humans are fallible, and occasionally make mistakes. Others are just careless. Sometimes the protective equipment is flawed and fails to protect from infection. If you or a loved one acquired an infection from a hospital stay, or visit, please contact Glick Law Firm, P.A. in Boca Raton, Florida for a free consultation.

There are a number of actions you can take if you’re a victim of a hit and run accident. Because the other driver has “run” your work may be a bit more difficult, but not necessarily impossible. The law is on your side–in Florida it is a felony to leave the scene of an accident that you were involved in.

Call 911 immediately and report any injuries so that medical care is available as soon as possible. If possible write down as much information as is available:

• Describe the vehicle that hit you, especially the license plate number, but make, model, year and color of the vehicle is important.
  
• Note whatever details describe the driver,
  
• Get the names and contact information of all witnesses, police officers, tow companies and drivers, and anyone else present. Make a note of any comments they make.
  
• Write down the location of the accident, time of day, weather conditions, light conditions (if at night were there street lights, well or poorly lit, etc.)
  
• Describe the events leading up to the accident, as much as you observed.
  
• Was there a stoplight or stop sign, yield sign, one-way street, or any other traffic control signs.
  
• Any injuries to you, your passengers or bystanders.
  
• Any damage to your vehicle, possessions or property outside the vehicle.
  
• Because you have to move your car from the scene as soon as possible, note where the car was and it’s position, the location of broken glass, metal, hub caps, etc. Take pictures if you have a camera or camcorder.
  
• Any other factors that you remember. They may or may not be important, but assume that they will help your make your case and help get you a damage award.
  

It’s always a good idea to keep a camera in your car. Even an inexpensive, disposable camera will take pictures good enough to preserve evidence that will get swept away. Take pictures of everything that you see, including car damage, breakage (glass, headlights, etc.,) stop signs, witnesses, location of things in relation to one another, potholes, oil slicks, and anything that might help describe the event or scene.

An officer will come to take a report. If he is able to get the name of the person to whom the other vehicle is registered or licensed ask for that information, as well. You will be able to get a copy of the report when it has been filed, but that may be a few days.

After seeking medical care, or at least an examination, you should notify your insurance company, and then seek legal counsel. Once you have the police report, contact the Florida Department of Financial Services, the state’s department of financial responsibility

You may not be able to get all of this information, or even find out who hit your vehicle. A good accident attorney, such as Brian Glick of the Glick Law Firm, P.A. may be able to help. Please contact the Glick Law Firm, P.A. in Boca Raton, Florida for a free consultation.
 

Every state has “Zero Tolerance” laws that target drivers under the age of twenty-one (21) years. Zero tolerance means that an underage driver with a blood alcohol concentration (BAC) higher than 0.08 can be penalized. The BAC level for drinking and driving under the age of 21 in Florida is 0.02%.

Driving Under the Influence (DUI) carries several possible penalties ranging from suspending your license, vehicle confiscation, alcohol education/treatment/assessment, installation of an ignition interlock device that that prevents the vehicle from operating if it senses a BAC level over 0.02%, fines, community service or jail time. Second and third DUI offenses incur even harsher penalties and fines. It’s no surprise that the most severe penalties will be imposed on any DUI offender involved in an accident that causes an injury or death.

With penalties this severe for drivers twenty-one years of age or older whose BAC is .08% or more, it’s worth thinking twice about underage drinking. Such penalties can be imposed after drinking as little as ½ of a standard drink made with one ounce of alcohol, or four to six ounces of beer (depending upon the alcohol content of the beer.) That’s only a few “gulps.”

The law assumes implied consent to test for BAC. If you suspect you’ve been in an accident with an under-aged driver who has been drinking ask the officer to test the youth, at the scene, with a Breathalyzer.

You are well advised to speak to an attorney, as well. Please contact the Glick Law Firm, P.A. in Boca Raton, Florida for a free consultation.
 

With traffic accidents being the leading cause of death between ages two (2) and thirty-four (34), it’s important to know how to avoid becoming involved in an accident.

Many of the safety improvements automakers build into their vehicles have helped reduce the number of fatalities on the highways. But, these are not the only factors, as drivers are ultimately responsible for making decisions about how they handle their vehicles.

According to NHTSA, “Real world data on how crashes occur is limited and not statistically reliable for large populations.” Their emphasis is on prevention, and they are currently doing research to isolate causes and way to prevent crashes. Other causes of accidents according to NHTSA’s National Motor Vehicle Crash Causation Survey include:

• Distractions, including cell phone use
• Aggressive behavior
• Cargo shift (heavy loads moving within the vehicle)
• Driver decision
• Driver fatigue
• Driver inexperience
• Driver performance
• Driver physical condition
• Driver stress
• Drugs and alcohol
• Roadway
• Speed
• Distance
• Surveillance
• Traffic
• Vehicle condition
• Weather or other environmental factors
• Vision

A competent attorney will investigate all possible contributing factors to an accident that can justify your claim and win for you a settlement that will cover the costs of your losses, injuries and other damages. Please contact experienced accident attorney, Brian Glick, of the Glick Law Firm, P.A., in Boca Raton, Florida for a free consultation.
 

If you suspect that you are a victim of medical malpractice, you need legal advice before you do anything. Contact an attorney who will advise you what you can and can’t talk about, and with whom you can or can’t talk about your case. What you shouldn’t do is discuss your suspicions with anyone, as you may compromise you case by doing so.

Medical malpractice can be determined only after doing an in-depth and complicated investigation of the facts surrounding the suspected incident. Such an investigation requires knowledgeable legal professionals who have the expertise to gain access to the required medical records, witnesses and facts.

You can help your lawyer by carefully organizing any information you have that supports your suspicion, listing witnesses, dates and times of significant events. Carefully note any outcomes of care and treatment, diagnostic test results and how these affected, or did not affect you. If your doctor or practitioner explained why you were ordered a particular test or treatment, make a note of that and any other comments he or she made.

If you did seek, or plan to seek, continued care or a second opinion from another provider do so in a way that doesn’t involve the suspected practitioner. A good second opinion is a fresh one that is not influenced by another practitioner’s opinion. If the second practitioner knows that you received a diagnosis (or a misdiagnosis) or care from another practitioner, he will want those records. It is better that your other provider not know about your previous provider.

Please contact Glick Law Firm, P.A. in Boca Raton, Florida if you have reason to believe your care has been compromised by medical malpractice.