Injury Law Blog : Florida Injury Lawyer & Attorney : LaBovick Law Group : Serving West Palm, Boynton, North Palm, West Palm Beach, Jupiter

I always hated going to the dentist.  Not only does the sound of the drill make the hair on my neck stand on edge, but the smell is terribly distinct.  There is just something sickly sterile about the dentist office.  But, in their defense, the smell was good marketing.  I would say to myself, “it is such a sterile smell; it must be 100% germ free in here.  At least I won’t get sick!”  Well, not so fast!  More than 7,000 patients in Oklahoma are now at risk for HIV and Hepatitis because of their dentist!  

The dentist at the forefront of this issue is Dr. Scott Harrington.  He is facing what could turn into criminal charges for permitting uncertified dental assistants to work in his office.  They were allowed to complete dental procedures, and they did so in unapproved and unsafe fashions.  The former patients are now lining up to get tested for HIV, Hepatitis B and C, and any other diseases that could have been transmitted by the dental office.  Not only did the office use “rusty equipment” (ABC News on 3/29), but they allowed unlicensed assistants to administer IV sedation with reused needles and old drug vials.  They even improperly sterilized the tools by using bleach, which caused them to corrode.

Dr. Harrington has voluntarily suspended his license and is cooperating with the investigation.  Only one person was found to have Hepatitis C thus far, but literally thousands have to be tested.  

It just goes to show you that you can’t trust your nose when it comes to a clean environment!

LaBovick Law Group is interested in many forms of consumer advocacy. While we do not handle dental malpractice, we do understand the gravity of what doctors do for a living.  We support a strong and fair system of justice where doctors are given the ability to practice without worry of frivolous lawsuits, and patients have the right to find justice if they are injured through the negligence of a medical provider.  Most of our doctor/clients support this fair analysis of the justice system, and all of us in the medical and legal community are horrified that such a terrible practice occurred.  We wish the victims of this criminal act the best and hope they find that they are not afflicted by any of these terrible ailments.

 

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A  recent jury awarded $12 million  for a medical malpractice case involving a 7-year-old Warrenville boy who became disabled at birth, during an unplanned Cesarean-section surgery. According to court documents, there was an unnecessary 45 minute delay at the beginning of the delivery by Steven Ambrust, a family practitioner involved in the child's delivery.

The result left 7-year old,  Benjamin Hayes,  with no control over his limbs. He is in a wheelchair for life and requires a feeding tube. His parents Aaron and Michelle Hayes, plan to use the funds solely for his medical care.

Click here to read more on this Medical Malpractice story from the Chicago Tribune.

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A Florida Jury awarded a couple in a "wrongful birth" case, more than $21 million. The suit stemmed from claims that the doctor misdiagnosed a severe birth defect in their son, leading them to have a second child with similar problems.  However, since the doctor works for a govenment hospital, University of South Florida, they will need to convince the Legislature to award most of the money. State law limits negligence claims against government agencies at $200,000.

Click Here to read more on the case from the Associated Press.

The Private Law Firm, LaBovick & LaBovick, Civil Justice Prosecutors, is a Plaintiff’s firm. The firm focuses on fighting for personal injury victim’s rights in Florida and on qui tam (whistleblower claims) nationwide.  Visit our firm website at www.LaBovick.com for more injury information

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A California jury awarded $11.7 million in the medical malpractice case of a 45-year-old victim who suffered a stroke because doctors failed to treat an infection that spread to his brain. Five days after the man went to a Mission Viejo hospital emergency room with a severe headache, he suffered a massive stroke that paralyzed him on the left side of his body, confining him to a wheelchair and bed. This medical malpractice lawsuit was brought against the radiologist and the emergency room attending physician. I hope that this case will send a message to emergency room physicians around the country that they should exercise more care when treating emergency room patients.

Click here to read more about this case from the Associated Press.

The Law Firm, LaBovick & LaBovick, PA., Civil Justice Prosecutors, is a Plaintiff’s firm. The firm focuses on fighting for Plaintiff’s personal injury victim’s rights in Florida and on qui tam (whistleblower claims) nationwide.  We handle all serious injuries, car accidents, maritime accidents, wrongful death, slip & fall, toxic torts and product liability cases. We have locations in Boynton Beach, West Palm Beach, Jupiter and Port St. Lucie, Florida. Visit our firm website at www.labovick.com more injury information.

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Steve and Evelyne Tremain, will never have a happy ending, despite winning a $24.5 million judgment from the federal government over a "botched baby delivery" for their son Toby. Their son will never live a normal life.

Four years ago, Evelyne Tremain went to the hospital with labor pains. Instead of having a doctor on hand during the complicated delivery (as required), a Midwife, presided over the entire delivery. Since, Evelyne, had a Cesarean with complications, prior to this pregnancy, her doctor informed her that she was "high risk" should not use a midwife in this delivery. Unfortunately she received a "Midwife Delivery" instead, and a doctor was not involved until it was too late. The child, Toby Tremain, is impaired and tragically injured as a result of the medical care provided by the Air Force at St. Elizabeth's Hospital in St. Louis. The judge wrote in his ruling that the Air Force medical providers confused military rank with what was best for the patient. The midwife was a Major and the obstetrician was a Captain at the time of the delivery.

Click Here to read more on this case in the St. Louis Post Dispatch.

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Should a Hospital be held liable for medical malpractice for failing to ensure doctors with staff privileges have the necessary insurance required by the state?

According to the Florida Supreme Court, Hospitals are not liable for medical malpractice if their doctors fail the carry the proper insurance. This decision was reached in May despite a unanimous earlier ruling by the district court of appeals. In Justice Barbara Pariente's opinion she wrote that state law  does not require hospitals to enforce the mandate of establishing financial responsibility as a condition of staff privileges.

This was the result of an earlier malpractice case won by  Stuart and Lena Horowitz against Plantation General Hospital. The couple brought suit against Plantation General Hospital for failing to ensure that Dr. Derk V. Jhagroo carried proper insurance. The couple was unable to collect a $859,200 judgment against Dr. Jhagroo because he left the country. In a previous decision a judge ordered Plantation General Hospital to pay the first $250,000 of the medical malpractice suit.

Click Here to read more in an article from the Sun Sentinel.

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