Medical Negligence Archives - Wooten Kimbrough Damaso & Dennis, PA

A Tale of Two Lovers: Legal Ramifications of STDs

Doug / 04-18-2015 / Medical Negligence

What are my options if someone gives me a STD? This question may not have had any significance 10 or 20 years ago, however in the past few years more and more claims of battery and negligence in infecting another individual with a sexually transmissible disease have come to light. According to the Center for […]

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Generic Drugs Spark Suits

Doug / 03-26-2014 / Medical Malpractice

The United States Supreme Court has made a ruling that has caused concern for people taking generic versions of drugs rather than brand-name drugs. In PLIVIA v. Mensing, which was heard in 2011, the Court found that federal statutes and Food and Drug Administration regulations pre-empt state tort claims. This case involved two individuals who […]

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New Technology Sparks a New Influx of Lawsuits

Doug / 01-28-2014 / Consumer Safety

Modern society has grown to embrace advances in technology, especially as of late technology that makes every day life more convenient.  Among these new conveniences, is the growingly popular laser hair removal technology that is sparking interest by non-physicians. Laser hair removal has recently become more and more advertised on Tv, the radio and flyers, […]

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Modern Technology and What Dangers it Poses to Our Privacy

Doug / 11-04-2013 / Consumer Safety

It is not uncommon to see people now a days with a cell phone taking pictures out in public places. Technology has put so many tools and options into of phones that have made it growingly convenient to just snap a picture of something you see, for example the Internet is full of photos and […]

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Metal-on-Metal hip Replacement Recalled

Doug / 11-01-2013 / Defective products

In August 2010, DePuy Orthopaedics, a subsidiary of Johnson & Johnson, recalled its ASR hip system. The recall came into effect because of unpublished data from a joint registry in the UK showing the replacement hip’s low rate of success. The intended lifespan of the hip was 15 years, but DePuy’s ASR XL device was […]

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Risperdal and the Risks it Poses

Doug / 10-25-2013 / Medical Malpractice

Recent studies link the drug Risperdal to a condition called Gynecomastia, a non-cancerous breast tissue growth, developing in young men.  The drug increases levels of prolactin, a hormone that the body releases to stimulate breast growth and the production of milk. In instances surgery is required to correct the condition. Though this condition is non-life […]

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Are the Drugs You’re Prescribed Helping or Hurting You?

Doug / 10-14-2013 / Consumer Safety

Researchers from the Pharmacy Department of Changhai Hospital in Shanghai, China report unfavorable findings after 15 clinical trials of the drug Avastin.  The research revealed the use of Avastin was associated with the risk of hypertension and gastrointestinal hemorrhage and perforation. Adverse Events Inc., another organization that monitors FDA approved drugs has also reported similar […]

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Acetaminophen: Why The Drug We Think Is Helping May Not Be

Doug / 09-24-2013 / Consumer Safety

More than 1,500 Americans have died from inadvertently overdosing on acetaminophen, over the past decade. Taking too much acetaminophen is one of the most common poisonings worldwide. The risk presented by taking too much of this common painkiller stands to affect consumers of all ages with symptoms including but not limited to abdominal pain, coma, […]

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Florida Widow Gets Verdict Against Tobacco Companies

Doug / 09-23-2013 / Dangerous

The Palm Beach Post ran an article announcing that a 75-year-old Boca Raton widow won $3.8 million on Friday after a jury found two tobacco companies responsible for her husband’s death. Kathleen Gafney Hanners filed suit on her husband, Frank Gafney’s behalf after he died in 1995 at the age of 59 from lung cancer. […]

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Medical Malpractice: A Growing Preventable Epidemic

Doug / 09-10-2013 / Dangerous

It’s become increasingly common to hear reports of medical professionals making mistakes. Mistakes ranging from administering medication that a patient happens to be highly allergic to, misdiagnosing condition, or in fatal cases making mistakes that lead to a patient’s death due to human error. These mistakes fall into an area of the law called medical […]

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Another Sickle Cell Athlete Death

Doug / 09-10-2013 / Medical Malpractice

USA Today has reported  “the parents of a Slippery Rock (Pa.) University basketball player who died two years ago after collapsing during an intense practice have sued the school and the NCAA.” Jack Hill, Jr., of Roselle, New Jersey, was a senior on the basketball team at Slippery Rock. According to the reports, the team […]

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The Dangers of Generic Drugs: If Injured will you Received Justice?

Doug / 09-06-2013 / Consumer Safety

A series of cases have been heard by the U.S. Supreme Court that required them to deal with the question of when state tort law liability for those injured by prescription drugs is preempted by federal law. The issue centers around one main detail in each case, whether the drug taken was the brand name […]

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How Tort Reform Causes the Problems it was Meant to Solve: The Texas Example

Doug / 09-05-2013 / Insurance Claim Disputes

Opponents of patients’ right praise Texas’ tort reform as a model for other state’s of success. In 2003 Texas medical liability reforms were enacted to reduce exodus of doctors from the state due to high medical liability insurance costs. In hopes of avoiding a reduction in the quality of health care in the state, caps […]

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N.F.L. Concussion Update (Updated!)

Doug / 08-29-2013 / Consumer Safety

Yesterday we wrote about a local high school quarterback who experienced his second concussion in just a few months. We also mentioned the damaging affects of concussions and a call for action to create better safety equipment across all sports to reduce the potential for concussions. Today, the New York Times shed light on a […]

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Local H.S. Star Suffers Another Concussion, Is It Time for a Change in Football?

Doug / 08-28-2013 / Dangerous

The Orlando Sentinel ran an article this week about Zack Darlington, a top high school quarterback prospect who plays for Apopka High School, and the unfortunate concussion he suffered last weekend in a game against Byrnes (S.C.) High School. Zack, a high school senior, has committed to play his college football at the University of […]

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Surgeon Operates On The Wrong Leg, Tries To Cover His Mistake

Doug / 08-16-2013 / Medical Malpractice

According to the Orlando Sentinel, a woman went into the Halifax Hospital Medical Center in Daytona Beach last month for surgery on her left leg. However, when she woke up after surgery, she discovered that the surgeon operated on her right leg. Not the ideal way to spend the 4th of July holiday weekend, when […]

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Florida Hospitals Receive “Worst” Ratings

Doug / 08-08-2013 / Medical Malpractice

In the latest issue of Consumer Reports the two largest hospital systems in Central Florida received a less than ideal prognosis.  This new report, which evaluated surgical safety of over 2500 hospitals across the nation, based their ratings on Medicare billing claims, and took into account 27 different types of surgeries. Orlando Health and Florida […]

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How A Malpractice Lawsuit Can Benefit All

Doug / 05-08-2013 / Medical Malpractice

There are many in the community who will say that medical malpractice lawsuits harm the practice of medicine.  They claim that unworthy lawsuits increase the price of malpractice insurance and increase the cost of medical services as a result.  They also claim that these high fees are driving people away from becoming doctors. While there […]

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Is Your Hospital Profiting From Their Mistakes

Doug / 04-26-2013 / Dangerous

A recent study published in the Journal of American Medical Association shows that some hospitals may actually be profiting from mistakes they have made when performing surgery.  The study, which was conducted with records from 2010, shows that hospitals reap over $30,000 on average in fees from the mistakes their doctors make during surgery.  Mistakes […]

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Firm Wins Medical Malpractice Case For Patient Death After Elective Cervical Spinal Fusion Surgery Where Hospital Nurse Fails To Recognize Signs of Airway Compromise including Cyanosis and Delay Leads to Patient Death

Doug / 04-22-2013 / Medical Malpractice

Cyanosis is the appearance of blue, purple, or darkening of the skin or mucous membranes when someone isn’t receiving enough oxygen in their blood.  Cyanosis is the result of exposure to extreme cold, arterial or venous obstruction, reduced cardiac output, or even potential heart failure.  When signs of cyanosis appear, they should be addressed immediately, as the person showing […]

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Was GSK Settlement Just ‘Slap on the Wrist’?

Doug / 07-20-2012 / Consumer Safety

On Monday, we began to discuss the record settlement British drugmaker GlaxoSmithKline agreed to pay at the beginning of the month for illegally marketing and failing to report accurate safety information about defective drugs. However, as author Charles Seife noted in a July 9, 2012, article for the online magazine Slate, “When you sell some […]

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GlaxoSmithKline to Pay $3 Billion in Record Settlement

Doug / 07-16-2012 / Consumer Safety

The US Department of Justice (DOJ) announced on July 2, 2012, that British drugmaker GlaxoSmithKline (GSK) will pay $3 billion in fines in the largest settlement involving a pharmaceutical company. GSK will plead guilty to marketing drugs for unapproved uses and failing to report drug safety information to the US Food and Drug Administration (FDA). […]

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Honor Older Americans By Taking a More Active Role in Their Welfare

Doug / 05-11-2012 / Medical Negligence

On Monday, we discussed how May is Older Americans Month and began using the campaign as an opportunity to talk about nursing home abuse and neglect. The video above is fairly humorous advertisement for an assisted living home, but elder abuse and neglect is a problem that often occurs out of sight and, thus, stays […]

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Pay Tribute to Older Americans in May

Doug / 05-07-2012 / Dangerous

President John F. Kennedy’s meeting with the National Council of Senior Citizens served as a prelude to designating May as “Senior Citizens Month” in 1963. President Jimmy Carter’s 1980 designation led to the annual observance being renamed Older Americans Month, but the Administration on Aging (AoA) says every president since Kennedy has issued a formal […]

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Erb’s Palsy Often Result from Difficult Childbirths

Doug / 03-16-2012 / Dangerous

The video above is the first of a two-part documentary featuring an 18-year-old girl who suffers from the brachial plexus injury (BPI) known as Erb’s palsy in her left arm. This video gives viewers an idea of what it is like to live with Erb’s palsy and the effects the condition has on victims. Erb’s […]

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Five Years After Jury Award, Malpractice Victim Will Finally Collect

Doug / 03-12-2012 / Consumer Safety

The Florida House of Representatives passed a $15 million claims bill on March 5, 2012, for a 14-year-old boy to compensate him for permanent injuries he suffered at birth. The Senate passed the bill two days later, sending it to the desk of Governor Rick Scott. According to WZVN-TV, a jury awarded the boy and […]

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Overview of Defective Drug Laws

Doug / 02-24-2012 / Consumer Safety

Pharmaceutical companies have a responsibility to the public to ensure that their medications are safe for the public. They must warn people of all known associated risks and side effects. This applies to both prescription medications and over-the-counter medications. Drugs do get manufactured with defects, and it is more common than anyone would like to […]

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Parkinson’s Medications Comes with Some Serious Side Effects

Doug / 02-20-2012 / Consumer Safety

Ropinirole, also known as Requip, is a prescription medication used by physicians to treat Parkinson’s disease and restless leg syndrome. This popular medication helps many to deal with Parkinson’s, but it does not come without side effects. The listed side effects are constipation, dizziness, sweating, lightheadedness, loss of appetite, nausea, vomiting and weakness. The Federal […]

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US Pharmaceutical Error Statistics

Doug / 02-13-2012 / Consumer Safety

When you have your prescription filled, you assume the pharmacist is exercising caution and filling your script correctly. Most people don’t even think about whether the script is correct. But what happens when a pharmacy error injures, or even kills you or a loved one? It may occur more often than you would like to […]

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Nursing Home Abuse and Neglect Signs

Doug / 01-23-2012 / Consumer Safety

We all like to think that our parents or loved ones are in good hands when we check them into nursing homes. Most of the time, they get exceptional care and attention by the staff and nursing home—but when nursing home abuse occurs, it can turn into a family’s worst nightmare. Elderly patients often are […]

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Tort Reform and Medical Malpractice in Florida

Doug / 01-20-2012 / Consumer Safety

According to a U.S. Department of Health and Human Services report issued on January 6, over 80% of errors committed by physicians in hospitals go unreported and undocumented. This should shock and alarm health administrators, legislators and the public in general. There is no excuse for not reporting these errors, no matter how trivial they […]

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Is Your Doctor On His Cell Phone During Your Heart Surgery?

Doug / 01-04-2012 / Dangerous

Everyone is now aware of the dangers of drivers being distracted by smart phones and other devices, but what about distracted physicians? According to recent surveys and DigitalJournal.com, it is a rising trend that most people are completely unaware of. In addition to an increase in the usage of electronic devices, some surgeons have their […]

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NY Suspends Doctor’s License After More Than 40 Malpractice Lawsuits

Doug / 01-02-2012 / Dangerous

The state of New York revoked the medical license of a cosmetic surgeon on Staten Island recently, according to SILive.com. Dr. Robert Cattani is no longer permitted to practice in the state, or any others for the time being. Dr. Cattani left many patients disfigured and scarred and sometimes in chronic pain. The state Department […]

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Woman Severely Burned After Her Face Catches Fire during Routine Surgery

Doug / 12-19-2011 / Medical Negligence

A Florida woman was critically injured during what was supposed to be a routine surgery, according to MSNBC News. 29-year-old Kim Grice went in for surgery to remove growths from her head and a slash fire severely burned her face and neck. Her mother, Ann Grice, was shocked to learn that her daughter caught on […]

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Charges Filed Against Teen Posing As Physician Assistant

Doug / 11-02-2011 / Consumer Safety

A teenager in Kissimmee is being charged and accused of posing as a physician assistant in a hospital, according to The Orlando Sentinel.  According to St. Cloud Police Chief Pete Gauntlett, it’s not the first time young Matthew Scheidt has pulled this stunt.  They said they investigated similar claims last month before deciding not to […]

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Study Finds Low Rate of Medical Malpractice Claim Payouts

Doug / 09-30-2011 / Insurance Claim Disputes

According to the American Association for Justice, a study has found that less than a quarter of the claims that doctors filed with an insurer seeking coverage for medical malpractice liability resulted in payments to those alleging harm. The study published in the New England Journal of Medicine said the low rate of payments shows […]

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Louisiana Medical Malpractice Cap is Unconstitutional, Says Trial Court

Doug / 09-26-2011 / Medical Negligence

According to the American Association for Justice, Louisiana state trial court has said that the Louisiana medical malpractice damages cap violates the state constitution’s equal protection and adequate remedy guarantees. The court cited the appellate court opinion striking the cap in suits against nurse practitioners, calling it discriminatory only against the most severely injured victims […]

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Ten Basic Patient Safety Checklists Could Save 85,000 Lives

Doug / 08-22-2011 / Medical Negligence

According to the consumer group Public Citizen, ten basic patient safety steps could save 85,000 lives and $35 billion annually. The group analyzed the results of several studies of treatment protocols for chronically recurring, avoidable medical errors. The group also said that severe pressure ulcers cost an average of $70,000 apiece to treat. A catheter […]

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Former Patient Files Lawsuit After Psychotherapist Borrows Money From Her

Doug / 05-18-2011 / Medical Negligence

According to the Twin Cities Report, a Duluth judge has rules that it will be up to a jury to decide whether Essentia Health is liable for damages after one of its former psychotherapists borrowed more than $100,000 from a patient and never repaid. A Duluth woman filed a medical malpractice and personal injury lawsuit […]

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Toddler Waits Five Hours in Emergency Room, Suffers Partial Amputation

Doug / 03-10-2011 / Medical Negligence

Ryan Jeffers and Leah Vang brought their toddler daughter Malyia to the Methodist Hospital in Sacramento when she had a persistent fever, skin discoloration and weakness. The couple waited with their sick daughter in the emergency room for five hours, and begged doctors and nurses to treat their daughter. Jeffers eventually forced his way into […]

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Preventable Medical Errors Kill 100,000 Americans Each Year

Doug / 02-21-2011 / Medical Negligence

A study recently released by The Institute of Medicine is estimating that approximately 100,000 Americans die every year due to medical mistakes that could have been prevented. If the Centers for Disease Control included preventable medical mistakes as a category, it would be the sixth leading cause of death in America. Among these mistakes includes […]

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Jury Awards $23 Million in Medical Malpractice Lawsuit

Doug / 01-13-2011 / Medical Negligence

A Florida woman received a multi-million dollar award from an Alachua County jury. The jury found that Lanette Gervato’s severe disability and permanent brain injury was a direct result of medical negligence by the University of Florida’s Shands Teaching Hospital. Gervato suffered brain damage that paralyzed her on one side, impaired her vision and caused […]

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FDA Reports Excess Radiation from Brain CT Scans

Doug / 11-10-2010 / Medical Negligence

The Food and Drug Administration released a followup report yesterday on 385 patients who had received radiation in excess of 8 times the normal treatment.  206 of these patients were from the same hospital, Cedars-Mt. Sinai Medical Center.  The patients were all being screened for possible stroke. While there have been no reported deaths associated with […]

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Major RI Hospital Fined for Surgical Errors

Doug / 11-03-2009 / Medical Negligence

According to the Tampa Tribune, the teaching hopsital Rhoda Island Hospital has been fined again for errors made on surgical patients, and as a result will be required to install cameras in all operating rooms.  It is this type of error that would be cause for a medical malpractice attorney to file a claim on the patient’s […]

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Surgeon Removes Healthy Kidney

Doug / 03-20-2008 / Medical Negligence

A surgeon in Minnesota left a cancerous kidney in a patient and instead removed a healthy one. The doctor has promised to stop practicing medicine after his horrible mistake was revealed a day later by pathology reports. Surgeons will now have to double check CAT scans and MRI’s before beginning surgery. There is no word […]

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Disclaimer: All verdicts and settlements listed here are gross amounts before deductions for attorney fees and costs. Past results do not guarantee similar results in the future. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result. Before choosing a lawyer, ask for written information about the lawyer's legal qualifications and experience.