Medical Malpractice

Published on: December 14, 2020

Jonathan Friedland and the Friedland | Carmona Team Achieve a Major Settlement for Client

Jonathan Friedland and his team recently won a large settlement for a case regarding medical negligence. Although Covid-19 has changed the methods in which Friedland | Carmona can represent their clients, it has not stood in the way of Jonathan Friedland’s ability to protect the rights of his clients.

A sixty-year-old client was sent home with severe back pain after doctors concluded his condition was non-life-threatening. It was determined by the doctors and the clinic that his injury only required medication and follow-up after imaging tests were performed. Unfortunately, the severe back pain pursued, and he wound up in the emergency room. In the emergency room doctors discovered a tumor on the client’s spine and rushed into emergency surgery. After surgery, the client woke up to learn he was paralyzed from the waist down.

Jonathan Friedland brought suit on behalf of his client against the medical clinic, primary doctor and radiologist who all contributed to the medical negligence which led to this unfortunate. consequence. With negotiation expertise, legal skill and a passion to fight for those who deserve justice, Friedland | Carmona won a sizable settlement for their client. With the settlement, the client will receive medical care and treatment as well as appropriate nursing care for the remainder of his life.

Published on: June 22, 2017

How Much Is A Doctor’s Mistake Worth?

by Friedland | Carmona

Everyone makes mistakes, even doctors. Unfortunately, however, when a doctor makes a mistake, the damage is often irrevocable. While no amount of money can completely erase any damages caused by these mistakes, money is usually the only available remedy.

For more than a decade, Florida law has had placed a cap on the amount of money that patients can recover from medical malpractice suits against a doctor. Patients or loved ones seeking non-economic damages for pain and suffering have been limited to recovering $500,000. Compensation for economic damages, however, has remained unlimited. In other words, if you or your loved one was injured severely due to a doctor’s mistake, and it resulted in pain and suffering (e.g., mental anguish, emotional trauma, etc.), the amount of compensation available has been restricted.

As of June 9^th of this year, this is no longer the law. The Florida Supreme Court, in a 4-3 decision, found these caps to be unconstitutional. It reasoned that the caps on non-economic damages arbitrarily decreased the monetary amount that could be awarded to persons who have suffered the most drastic injuries without actually taking into consideration the severity of the injury. The Supreme Court ruled that this violated equal-protection rights.

Published on: September 9, 2016

Advocating for Your Injured Child

by Friedland | Carmona

Sometimes a very unfortunate event affects those who cannot advocate for themselves because they are under the age of 18. If your child is injured on a playground, in a car accident, in a bicycle accident, at a store or in any way that results in a physical injury to your child and is someone else’s fault, you as their parent have the ability to bring a lawsuit on their behalf.

Children have the same access to remedies for harm to them as adults do and as their parents, you also have a right to recover medical expenses you incur while tending to the needs of your injured child.

Children have special rules in court. Some of these exceptions are:

Published on: August 27, 2016

Do I Still Have a Claim or Am I Out of Time?

by Friedland | Carmona

Someone rear ends you or hits you as your driving down the street. At the moment you don’t notice any pain or obvious injuries but as the weeks go on you notice discomfort in your neck, back, knees or other parts of your body. A common misconception among those injured in auto accidents in Miami is if they do not make the claim for injuries immediately after reporting the accident they are barred from recovery for injuries developed or intensifying in the future. Or you notice that the auto shop you took your car to for repairs did not adequately or completely make the fixes to your vehicle. These situations are common in the Miami- Dade, Coral Gables and all other surrounding areas in South Florida.

Every state has a statute of limitations that dictates how long a party has to bring a claim against those that injured them or breached the contract or duty owed to them. In Florida the statute of limitations includes but is not limited to the following:

Injury to Person	4 yrs. §95.11(3)(o)
Libel/Slander	2 yrs. §95.11(4)(g)
Fraud	4 yrs. §95.11(3)(j)
Injury to Personal Property	4 yrs. §95.11(3)(h)
Professional Malpractice	2 yrs.; Medical: 2-4 yrs. §95.11(4)(a) and (b)
Trespass	4 yrs. §95.11(3)(g)
Contracts	Written: 5 yrs. §95.11(2)(b), 1 yr. specific performance§95.11(5)(a)Oral: 4 yrs. §95.11(3)(k)
Judgments	20 yrs. domestic §95.11(1); 5 yrs. foreign judgment §95.11(2)(a)

From: http://statelaws.findlaw.com/florida-law/florida-civil-statute-of-limitations-laws.html

For a more complete list of the applicable statute of limitations in Florida see Florida Statute 95.11

Statutes of limitations involve many exceptions and cross reference with other applicable Florida laws. To assist in what can be a difficult area to understand and navigate the Experienced Personal Injury Lawyers at Friedland | Carmona are ready and eager to assist you immediately. Having a lawyer familiar with this area of law and experienced in handling all types of cases can make all the difference in the outcome of your claim.

The South Florida personal injury attorneys at the Friedland | Carmona handle all types of negligence, product liability, personal injury, negligent security, slip/trip and fall, and car accident cases throughout the state of Florida, including Boca Raton, Homestead, North Miami, South Miami, Miami Beach, Coral Gables, Pembroke Pines, Hialeah, Kendall, Aventura, Fort Lauderdale, and Palm Beach. The Friedland | Carmona handles all types of personal injury cases, including dog bites, wrongful death, defective products, medical malpractice, slip and falls, negligent and reckless drivers, and automobile and motorcycle accidents. Call the Miami personal injury attorneys today and let our family take care of your family.

Published on: August 21, 2016

Do I Need a Personal Injury Lawyer?

by Friedland | Carmona

Personal injury law is utilized when someone causes physical harm to another and the injured wants to be made whole or compensated for that injury. The experienced attorneys at Friedland | Carmona provide free consultations to those who believe they may have a case and are seeking more information on the options available to them. Examples of situations when people normally seek personal injury lawyers in Miami, Coral Gables, and the surrounding areas include but are not limited to:

Auto accidents,

Trip and falls/slip and fall: There are many dangerous conditions like torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and be injured. Same goes if someone trips on a broken or cracked public sidewalks, or falls down a flight of stairs. In addition, a slip and fall case might arise when someone slips or falls outdoors because of rain, ice, snow or a hidden hazard, such as a pothole in the ground. In any event, the plaintiff must have sustained some kind of injury, however minor, in order to collect, http://injury.findlaw.com/torts-and-personal-injuries/slip-and-fall-accidents-overview.html

Published on: November 12, 2014

Palm Springs Hospital Sexual Assault Lawsuit

by Friedland | Carmona

An unnamed man has sued the Palm Springs Hospital in Hialeah for assault and sexual battery after an incident earlier this year. The lawsuit claims $5 million in damages for the alleged battery. Police questioned and arrested Rene Martinez in connection with the sexual assault on John Doe in September, who waited to report the incident. The victim claims that he did not report the incident right away because he was afraid that the incident wouldn’t be believed by officials.

You can read more about the disturbing incident reported by the Miami Herald here.

The victim, known only as John Doe on the court documents, claims to have recorded the incident while pretending to be asleep. Nurse abuse is a largely litigated area of personal injury. The attorneys of the Friedland | Carmona have experience with the complex litigation involved with nurse abuse, and have even secured several large settlements and verdicts for clients injured in the health care system. If you or a loved one has been injured due to the negligence or intentional abuse of another, call the Friedland | Carmona today!

Published on: September 4, 2014

Metal-on-Metal Hip Replacements Facing Large Lawsuits

by Friedland | Carmona

A resident of Oregon, Betty Schwartz, has filed a major personal injury and products liability case against the manufacturer of a metal-on-metal hip joint replacement, claiming multiple sources of damages. The lawsuit alleges that the manufacturer of her hip joint, Biomet, ignored the evidence of the damages caused by their product, labelled the “Magnum,” and continued to market a dangerous product that caused a slough of health related issues, including extreme pain, loss of motion, and even toxic metal build up in the blood. The Food and Drug Administration apparently had been receiving complaints as early as 2006 about metal-on-metal joint products like the “Magnum,” and reported this to the manufacturers.

Products like metal implants can cause more than just the original loss of motion, pain, and the alleged toxic metal build up in the blood. If a product is found to be defective, or endangering the health of the patient, the product has to be removed to prevent further damage. A second hip replacement surgery is more difficult, more painful, and oftentimes not as successful, due to a more complicated entry, less bone to work with, and the possibility of additional scar tissue and damage. Injuries caused by the faulty implant can therefore lead to a multitude of extended damages and injuries, and keep the patient immobile for a long time. You can read more about Betty Schwartz’ case, and determine more about the manufacturers that made and make these faulty joints here.

If you or someone you know has had complications with medical implants or joint replacements, call the Friedland | Carmona today! The attorneys at the Friedland | Carmona have handled a spectrum of cases concerning products liability, personal injury, and medical malpractice, and have the skills needed to get you the compensation you deserve. Check out our website, friedlandlawgroup.com to see a list of similar cases where our attorneys have obtained large settlements and court victories for victims of negligence and products liability.

Published on: May 23, 2014

Landmark Florida Damages Decision Could Spell the End for Damage Caps

by Friedland | Carmona

Plaintiff’s attorneys and law professors alike are abuzz with speculation on the effects of an March 2014 Florida Supreme court decision that strikes down caps on non-economic damages in medical malpractice wrongful death claims. In the 5-2 decision, the Florida Supreme Court decided that the 2003 law putting a $1 million cap on pain and suffering violated the equal protection clause of the Florida Constitution, and therefore could not stand. While the case itself focused only on the wrongful death statute and medical malpractice, the effects of the case’s decision may be used to overturn similar statutes in other states, and possibly in other areas of personal injury and negligence law.

According to several experts in the field of medical malpractice, there are a number of ways that this decision could change the way that plaintiff’s attorneys can handle cases. Not only will this mean that plaintiff’s attorneys can look for more damages for the families of victims, but it also gives plaintiff’s attorneys a new way to attack the monetary limitations. While several states have overturned caps like these using constitutional means, the Florida Supreme Court used a different strategy for overturning the cap. The court explained that the medical malpractice insurance crisis that was the premise for the 2003 law was not based in fact, and that there was no legitimate government interest in continuing to alleviate a crisis that is not factually supported.

So what does that mean for Plaintiff’s attorneys? There are a lot of hopeful experts that believe this will mean larger payouts to victims of medical malpractice, a new look at these caps and their constitutionality, and an overall beneficial effect on the area of Plaintiff’s law. It could even challenge caps in other areas, including personal injury, using a similar strategy of attacking the idea that there is a serious crisis of available funds in the insurance business.

Read More: Washington Examiner May 19, 2014

Published on: April 17, 2014

Task Force Members Push for Constitutional Amendment on Med Mal Caps

by Friedland | Carmona

The members of a 2002 task force appointed by former Governor Jeb Bush are calling for a constitutional amendment in an effort to combat a Florida Supreme Court decision that struck down caps on certain medical malpractice awards. The task force members would like to place the malpractice caps on much more solid footing. The cap on non-economic damages, such as pain and suffering, was recommended to the legislature and passed in 2003. The five individuals who served on that task force reached out to Senate President Don Gaetz and House Speaker Will Weatherford on April 9 to speak about the proposed amendment. Voters would have to approve the proposed amendment. However, members of both chambers of the Florida Congress say the request comes too late in this year’s legislative session; no action can be taken at this point.

The legislation that was enacted in 2003 placed a $500,000 cap on non-economic damages in medical malpractice cases. The five task force members who signed the letter to the Senate President and House Speaker stated that the Florida Supreme Court decision left them in a “disheartening” position. The letter contained a request for legislators to put a constitutional amendment to the voters that would provide malpractice caps with constitutional authority and erase any questions about caps’ constitutionality. Last month, the Florida Supreme Court held that the medical malpractice caps violate the guarantee of equal protection provided in the state’s constitution.

Task force members urge malpractice cap amendment www.palmbeachpost.com April 15, 2014

Published on: February 3, 2014

Tentative $9 Million Settlement Reached in Medical Malpractice Case Involving Young Boy

by Friedland | Carmona

A tentative $9 million settlement has been reached in a case involving a Virginia boy with cerebral palsy and his family against the Honolulu military hospital where he was born, according to attorneys for the boy and his family. One of the attorneys, Loretta Sheehan, said the amount, which was placed on the record on Monday in federal court in Honolulu, must be approved by the U.S. Department of Justice before it is declared final. Noah Whitney, the boy that is the basis of the lawsuit, was born in 2010 at Tripler Army Medical Center. His family’s lawsuit alleges that he was born with “catastrophic brain injury” because of medical negligence. The lawsuit includes allegations of failing to respond properly to signs and symptoms of uterine rupture and waiting too long to perform a cesarean section.

Noah’s mother, Laura, arrived at the hospital on September 7, 2010, when she was about thirty-five weeks pregnant, and complained of extreme lower abdominal pain. Laura’s pregnancy was closely monitored because she had experienced previous miscarriages and a complicated birthing process to have her first child, Evan. The lawsuit, which was filed in July 2012, states that Laura “was at risk for uterine rupture in connection with future pregnancies, including her pregnancy with Noah.” Based on this risk, the lawsuit alleges that there was a “failure to promptly notify and consult the obstetrician who had been managing” Laura’s pregnancy. Noah’s family blamed Tripler Army Medical Center for Noah’s serious brain injury. In the lawsuit, they stated that Noah “will require 24 hour per day care for the remainder of his life.”

Neither Tripler nor the assistant U.S. Attorney representing the government in the case have commented. Hazel Beh, a University of Hawaii law school professor, stated that medical malpractice settlements serve as a way for consumers to obtain information in an industry where it is often difficult to obtain information. However, the settlements are often confidential, except when a government agency is involved in the case. Beh commented, “It probably skews the perception for sure because you’ve got private entities that can keep it private. Certainly, the public has interests in these suits, as taxpayers.”

Lawyers: $9M settlement for boy’s cerebral palsy www.palmbeachpost.com January 29, 2013