Archive for the ‘Medical Malpractice’ Category

Civil Wrongful Death Lawsuits Proceed against Conrad Murray

Tuesday, November 15th, 2011

Following last week’s criminal conviction of Conrad Murray, the doctor who fatally administered the propofol anesthetic to Michael Jackson, the civil lawsuits alleging wrongful death against Murray are already underway.  The pop star’s family filed separate wrongful death suits in 2010 against Conrad Murray and AEG Live LLC, which organized Jackson’s “This is It” tour.  The two lawsuits may be merged, but in light of Murray’s guilty conviction in criminal court, they are likely to settle out of civil court than proceed to trial.

A legal cause of action for wrongful death is based on a tort such as negligence.  The personal representative brings a lawsuit in the name of the deceased and for the benefit of the survivors.  To recover damages in a wrongful death lawsuit in Florida based on negligence, the plaintiff (person bringing the suit) must prove that the defendant (in this case Conrad Murray, as Michael Jackson’s physician) owed a duty of care based on the standard of care for doctors in his field , that he fell below that standard of care, and that this negligence caused the death of Jackson.  Therefore, to prove medical malpractice resulting in wrongful death, Jackson’s family must prove that Conrad Murray administered lethal levels of propofol to Jackson.  Murray’s criminal conviction may be used as conclusive evidence against him in the civil lawsuit.

At Perenich The Law Firm, our wrongful death attorneys have more than 60 years of combined experience in holding those responsible for the tragic and often deaths of innocent victims.  Our offices are conveniently located throughout the Tampa Bay, Florida area, including Clearwater,  St. Petersburg, Tampa, Tarpon Springs, and New Port Richey.

Legislative Changes in Medical Malpractice Lawsuits

Tuesday, November 1st, 2011

October 1, 2011 marked the date of numerous legislative changes in Florida, some of which affect medical malpractice actions. Among them is the newly-created Section 458.3175, Florida Statutes, which requires that out of state medical experts testifying or providing an opinion in medical malpractice lawsuits in Florida obtain an expert witness certificate. The application fee is $50, and the certificate is valid for two years.

In a related amendment, Section 458.331, Florida Statutes, now subjects medical expert witnesses to more severe disciplinary action and denial of their medical license for providing deceptive or fraudulent testimony related to the practice of medicine.

The presuit process of initiating medical malpractice lawsuits also has an additional component.  The new Section 766.1065, Florida Statutes “presuit notice of intent to initiate litigation for medical negligence under Section 766.106(2) must be accompanied by an authorization for release of protected health information.”  This new statute provides a form for the authorization that must be followed.  Failure to include this authorization in the presuit Notice of Intent makes the entire notice void, but the law only affects actions that accrued on or after October 1, 2011.

At Perenich The Law Firm, our medical malpractice attorneys have more than 60 years of combined experience in holding those responsible for the tragic and often preventable injuries and wrongful deaths of patients who placed their trust – and their lives – in the hands of careless doctors, surgeons, and other medical providers.  Our offices are conveniently located throughout the Tampa Bay, Florida area, including Clearwater,  St. Petersburg, Tampa, Tarpon Springs, and New Port Richey.

Drug Company Faces Claims Over Oral Laxative

Monday, May 24th, 2010

The company C.B. Fleet Co. is facing hundreds of claims from users of its oral laxatives that were most commonly prescribed for colonoscopies and other medical procedures. Diane Suchetka of the Cleveland Plain-Dealer has this report:

Those who sued say they suffered from kidney failure and chronic kidney disease after drinking two bottles of the laxative within 24 hours. That amount was promoted by Fleet and prescribed by doctors, according to the suit.

In the most serious cases, the suit says, those who drank the laxative needed dialysis or kidney transplants. In a few instances, the kidney damage resulted in death.

The company is also accused of hiding information of the potential dangers of its product since 1992. At Perenich The Law Firm, we abhor the idea of a medical system in which big drug companies are allowed to put forth products that are potentially harmful or even deadly without care or concern for the general public. As your Tampa Bay personal injury attorneys located in Clearwater, we will serve you in ensuring justice from any type of medical wrongdoing.

St. Louis Hospital and Doctor Jeopardize Patients

Monday, May 17th, 2010

Healthcare costs have been on an exponential rise in recent decades.  Often cited as a method to curtail such costs are propositions to limit patients’ rights when they have been hurt by the negligence of medical professionals.  While many studies have proven that the right of recourse through the courts does not lend to the out of control increase in healthcare costs, many have overlooked the simple fact that unchecked medical negligence actually contributes to the rise in costs and wasteful inefficiency.  One solution: make hospitals hold negligent physicians accountable. Jeremy Kohler and Blythe Bernhard of the St. Louis Post-Dispatch report:

When a man died nine years ago at St. Anthony’s Medical Center [located in St. Louis County, Missouri], a panel of doctors there said he had received substandard care from his psychiatrist, Dr. Surendra Chaganti.

While not blaming Chaganti for the man’s death, the panel said Chaganti prescribed drugs that could have been harmful and failed to send the man to the emergency room after noting he had been given another patient’s medicine.

The panel also criticized Chaganti’s treatment of other patients, according to a complaint filed last month by a state board that regulates doctors. Those patients included a 9-year-old boy who spent 10 days at the hospital without being seen by Chaganti, and an elderly dementia patient who had been prescribed a drug that could be toxic for a man in his condition.

The panel of doctors then went on to strike an agreement with Chaganti to continue to allow him to practice medicine with an unblemished record while revoking his hospital privileges. This sleight of hand endangers our society, as this physician with a troubled track record was allowed to continue his errors without proper checks and balances.

At Perenich The Law Firm, we understand that we, as citizens and patients in this country and Tampa Bay area, deserve a certain level of respect and responsibility from those in whom we place our trust and care. When this trust is violated by those on which we rely because of negligence and malpractice, we, as trusted Personal Injury lawyers, have a responsibility to ourselves, our family and our community here in Clearwater, St. Petersburg, and the Greater Tampa Bay Area to enforce accountability and create a safer and more economically responsible society.