Medical Malpractice - Injury Law Blog

$12 Million Verdict for Disabled 7 year Old in Malpractice Case

LaBovick Law — Thu, 04 Oct 2007 11:02:38 -0500

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.

Florida Jury awards $21 million for wrongful birth

LaBovick Law — Tue, 24 Jul 2007 23:46:59 -0500

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

Victim is awarded $11.7 million for medical malpractice lawsuit

LaBovick Law — Tue, 26 Jun 2007 09:14:04 -0500

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.

Family wins $24 million against AFB for "botched baby delivery"

LaBovick Law — Mon, 04 Jun 2007 14:05:47 -0500

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.

Florida Hospital takes Medical Malpractice case to the State Supreme Court

LaBovick Law — Fri, 25 May 2007 20:01:54 -0500

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.