South Florida Personal Injury Blog

A South Carolina woman has been awarded $2 million by a civil jury, Broward injury attorney Andrew Alitowski has learned. Elizabeth Smith, who is 28 years old, went to a dentist’s office to have three upper teeth pulled. However, while she was there, the dental clinic pulled all 16 of her upper teeth – 13 more than they had agreed to remove. It is not clear if Smith was sedated during the procedure and her reasons for having the three original teeth removed were unknown.

Smith hopes to have restorative surgery to fix her smile as soon as she can. The cost of the dental surgery may cost near $100,000. The teeth were mistakenly removed in 2006, so Smith has been living for three years awaiting damages so that she can pay for the surgery, says Fort Lauderdale accident lawyer Alitowski.

Suits against dentists are less common than lawsuits against physicians, but they do occur in cases like Smith’s. Tooth extraction is often used when a patient’s tooth or teeth are too extensively damaged to feasibly repair it with a filling, crown, or other orthodontic method. Many people have wisdom teeth extracted because they do not fit well in their mouths or because they press on other teeth, which may cause the more visible front teeth to become crooked.

In Smith’s case, there was no medical or orthodontic reason for her other 13 teeth to be extracted. Loss of teeth can cause difficulty eating and, of course, social discomfort and emotional pain. The embarrassment , cost of restorative surgery, physical pain, and litany of other problems associated with this kind of injury merit monetary damages.

Alitowski & Moore, P.A. handles a wide variety of personal injury lawsuits, including swimming pool accidents, which are unfortunately common in south Florida; slip and fall or trip and fall cases, especially at commercial establishments; animal injuries, such as vicious dog bites; motor vehicle accidents, including suits against drunk and negligent drivers; and many other injuries claims.

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Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Medical Malpractice

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When a couple goes to the hospital happily anticipating the eventual birth of a child, they are expecting the best medical care and treatment for the mother and baby alike. West Palm Beach personal injury attorney Andrew Alitowski says that, unfortunately, medical malpractice issues arise even in the area of obstetrics, even if they are not as widely publicized as some other types of medical malpractice. Unfortunately, administration of the incorrect prescription drug is an all-too-common harm suffered by patients in the most vulnerable of places – hospitals. Fort Lauderdale accident lawyer Alitowski notes that these errors can be the most harmful for those already in weak positions, such as intensive care unit patients and the elderly. Along with staph infections, proper prescription drug treatment, including administering the wrong drug or the wrong dosage, is a serious problem facing American hospitals today.

Tesome Sampson and Frank Guy are a couple in this regrettable situation. Sampson arrived at St. Mary’s Medical Center in West Palm Beach last September, apparently in premature labor. She was only 24 weeks pregnant, West Palm Beach injury attorney Alitowski has learned. Doctors at the hospital put her on bed rest to decrease the likelihood that she would give birth prematurely. Babies that are born full-term are the least likely to suffer difficulties and are generally born the healthiest. Generally, the expected due date is about 40 weeks after becoming pregnant.

Sampson remained the hospital under doctors’ supervision due to her difficult pregnancy. After she had been in the hospital for 10 days, she was given a drug called Prostin E2. The Food and Drug Administration has approved Prostin E2 for various uses, such as clearing out the contents of the uterus when a pregnant woman suffers a miscarriage or for terminating pregnancies. The drug is sometimes used during difficult labors in order to hasten the delivery. None of its approved uses are for pregnant women suffering issues related to preterm labor.

The drug caused Sampson to go into labor. Doctors assured her that her pain was because she just needed to go to the bathroom and she was given a toilet used for patients who cannot get out of bed. There, she gave birth to her daughter more than two months prematurely.

As a result of the birth, the girl has suffered severe brain damage. St. Mary’s has admitted its egregious error and apologized to the family. Still, almost a year has passed and the girl remains hospitalized with brain damage that has been described as “profound.” According to her parents, the medical costs are approaching four million dollars. The family recently filed a lawsuit against the hospital seeking damages against the medical center.

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Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Medical Malpractice

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Medical professionals must demonstrate a level of competence in their fields to obtain licensure. They also must provide appropriate care for their patients, says West Palm Beach accident attorney Andrew Alitowski. Unfortunately, in some instances, a patient receives improper medical treatment which causes serious damage.

Palm Beach injury attorney Alitowski uses an emergency room physician as an example. Where a patient or her next of kin fills out medical paperwork, even noting allergies to certain prescription drugs, the doctor must be careful with regard to which antibiotics to dispense. If the patient states that she is allergic to penicillin, the emergency room physician should know better than to administer penicillin (or a very closely related antibiotic, such as amoxicillin) to treat her infection. In the event that the patient is prescribed that antibiotic, and becomes very ill as a result, she may have a claim for monetary damages against the doctor and the hospital where she was treated. Where the patient actually dies from the inappropriately administered medication, the patient’s family and her own estate may have a cause of action against the doctor and the hospital.

Similarly, a pharmacist who fills a prescription incorrectly can cause wide-ranging results. An elderly person who takes daily heart medication for his health, but who inexplicably receives allergy medication when he gets a refill from the pharmacy, may or may not be hurt by the new medicine, depending on the type of medication, strength, dosage, and other factors. He is likely to be seriously hurt, however, by the fact that he did not receive his heart medication.

Psychiatric professional can be held liable for failure to fulfill their duties, as well. This most frequently occurs when a patient has been checked into an inpatient facility because he is a danger to himself or others. The hospital is charged with monitoring him, treating him, and keeping him safe. If the hospital fails – which surely occurs if the patient actually commits suicide or seriously injures himself on the premises – the patient’s family may be able to sue the psychiatric treatment hospital.

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Posted In: Medical Malpractice

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Broward injury lawyer Andrew Alitowski recently heard about an outrageous, devastating case of medical malpractice, among the worst he has ever seen, which affected a Davie resident. Lisa Strong, a mother of two, worked at a mall. She fell ill with shooting pain and a high fever. When the fever hit 106 degrees, she decided she had to go to the emergency room. There, she explained to the staff that she believed her illness was due to a kidney stone, as she had a history of such stones that had displayed similar symptoms.

The events that followed will shake any patient’s faith in emergency room services, says Fort Lauderdale accident attorney Alitowski. The nurse apparently notified the attending physician of Lisa’s rapidly deteriorating condition. Dr. Laurentina Kocik was on duty and she contacted Dr. Jason Strong (who is unrelated to Lisa), because Lisa’s insurance designated him as the contact physician in the event that her primary care doctor was unavailable. Dr. Kocik did not write on Lisa’s report that she had a suspected kidney stone, a move she says she regrets “a million times.” Still, Dr. Kocik insists she conveyed to Dr. Strong by telephone that Lisa likely had a serious kidney stone.

Dr. Strong agrees that the two spoke by telephone, but has no recollection of being advised that his patient had a kidney stone – or that her condition had deteriorated into septic shock. Lisa’s condition had grown dire, but he claims this information was not transmitted to him. Instead, he made a diagnosis of a gallbladder condition, which was incorrect. Dr. Strong handled the case by phone, without examining the patient, which is considered normal procedure.

The finger-pointing is common in any instance where there is likely more than one person at fault for the injuries of another. In this case, Dr. Kocik insists that she conveyed to Dr. Strong the seriousness of the patient’s illness and that she did not pass off Lisa to another on-site doctor because she “expected him to come in.” Dr. Strong says he had no reason to rush to the hospital because he was under the impression that Lisa was “reasonably stable.” Lisa waited for hours without treatment, until she had surgery which was wholly unnecessary. Doctors did not locate her kidney stone, which was causing the infection affecting her until body, until 16 hours after her arrival at the hospital.

The infection took over Lisa’s body as a result of the lost time. Eventually, her arms and legs were amputated due to the lack of care she received in the emergency room. She was in the hospital for months and racked up close to a million dollars in medical expenses. Now, she lives on disability payments, experiences chronic pain, and has difficulty with the most basic of day-to-day tasks.

When Lisa sued the doctors, the jury apparently had difficulty assigning the blame and decided that the doctors were not negligent. The judge hearing the case actually threw out the verdict, an extraordinary move, and Lisa will reappear in civil court next month.

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Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Medical Malpractice

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West Palm Beach personal injury lawyer Andrew Alitowski keeps up on the latest in medical malpractice news, especially the issues affecting local Florida residents. Mesothelioma is one of the most heavily publicized bases for personal injury lawsuits at this time, with cases all over the country. The disease is a form of cancer. It strikes people who have been exposed to asbestos, a building material we now know to be toxic and carcinogenic. Mesothelioma affects the lungs of many people exposed to asbestos. Most commonly, these people worked with asbestos in their jobs – perhaps in manufacturing facilities – or were exposed to it in their own homes. Now, asbestos is banned from use in the United States. Still, workers engage in asbestos removal projects in private housing and public buildings and workplaces even today. The process is undertaken carefully, with crews donning protective gear to protect them from the dangers of asbestos exposure, particularly inhalation. Mesothelioma is the most serious complication associated with inhalation of and exposure to asbestos, according to Palm Beach workers compensation attorney Andrew Alitowski.

Late last month, a jury in Panama City, Florida heard the case of a widow whose husband was killed by mesothelioma. Woodrow McBride was diagnosed with the cancer in September of 2005 and survived only about one year after his initial diagnosis. He and his wife, Betty, filed a personal injury lawsuit related to the cancer about one month prior to his death. Mr. McBride was 67 years old when he died.

Broward injury lawyer Alitowski says that trials like these can be extremely complicated and that a plaintiff’s attorney must take great care to explain the disease, especially the cause of the illness, to the jury in a way that the jurors can understand. In this case, the jury awarded Mrs. McBride almost a quarter million dollars for her husband’s medical expenses, as well as a total of $750,000 for both past and future pain and suffering. Mrs. McBride will not recover all of the damages, however. Gulf Power was found to be liable for more than half of the damages Betty McBride and her husband’s estate were entitled to, but they were not a named defendant in this case.

Lawsuits such as these can help a family recover financially after the wrongful death of a parent or other relative. Although no sum of money can bring back a family member, the funds can be used to ensure the financial future of those left behind, pay back debts accrued during a relative’s illness, and even finance the college education of surviving children.

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Posted In: Medical Malpractice

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Most health care providers make every effort to care for their patients. Unfortunately, when they do not use accepted principles and techniques which are appropriate for the situation, a Fort Lauderdale personal injury lawyer can help you determine if medical malpractice has occurred. If a doctor, nurse, or other health care provider has injured you, contact our Broward injury attorney.

Medical malpractice occurs when a health care provider injures a patient by providing inadequate or inappropriate care under the circumstances. Our Broward personal injury lawyer can explain the possible injuries for which you could recover. Medical malpractice injuries could be death, worsening of your condition, increased pain, complications, or other problems associated with the negligent care. In an emergency room situation, medical malpractice may be more difficult to prove: you may have to show that the doctor or nurse acted with “reckless disregard” when rendering care for you. A Fort Lauderdale injury attorney can advise you on the standard of care the providers should have adhered to in your case.

Generally, doctors carry malpractice insurance. In Florida, doctors must usually either carry a minimum amount of insurance or maintain a certain amount of assets for use the in the event that they commit medical malpractice. Unfortunately, any Fort Lauderdale personal injury lawyer knows that the malpractice insurance may be insufficient. In the event that the doctor injures you beyond what his insurance can pay for, he will be personally responsible to you for the difference.

A Broward injury lawyer will typically represent the patient herself or certain family members in a Florida medical malpractice suit. Family members can usually only recover if the patient died or the injuries are permanent. Children who are under the age of 25 whose parent suffered an injury, parents of children under the age of 25 who were injured, and spouses can sue. If the patient died from her injuries, her estate may sue to recover damages which will be distributed to the heirs in accordance with the intestacy statute or the will of the deceased patient.

Our Fort Lauderdale personal injury attorney is accustomed to working with the Florida medical malpractice statute of limitations. When you are injured by a health care provider’s negligence, you have only two years to sue after you find out or should have found out about the injury. A patient is required to reasonable investigate the symptoms of the injury in order to uncover the medical malpractice. Unless the medical professional has actually taken steps to misrepresent your care or to hide the injury inflicted, you cannot sue more than four years after the injury occurred. Even if you had no way of knowing about your injury until more than four years after it was incurred, you cannot sue if your doctor did not try to deceive you.

Continue reading "Broward Accident Attorneys: Medical Malpractice in Broward County" »

Posted by William Ryan Moore | Permalink | Email This Post

Posted In: Medical Malpractice

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