Practice Areas & Industries: Carlton Fields, P.A.

Practice/Industry Group Overview

America's health care industry is constantly challenged medically to treat millions of people every day. It is also challenged legally - against a nationwide surge in allegations of malpractice. Over the past decade, the Florida Legislature has enacted a body of unique and complex statutes governing tort suits against health care providers. Other states throughout the Southeast have followed. Medical malpractice litigation is skyrocketing - right along with insurance premiums. No part of health care is left unaffected.

At no time has it been more important for medical institutions and professionals to have the most competent, knowledgeable legal representation available for the defense. Carlton Fields' vast medical malpractice experience includes acute care hospitals, physicians in every specialty, nurses, respiratory therapists, and pharmacists. We represent several pharmaceutical houses and an international clinical laboratory. We have also represented the University of South Florida College of Medicine and its clinics. The Firm has defended Cigna's HMO and Humana Health Plan in malpractice and standard of care disputes. We have also been instrumental in establishing favorable case law for health care providers.

Moreover, Carlton Fields' malpractice attorneys routinely respond to notices of investigation issued under the Agency for Health Care Administration (AHCA), representing licensed health care professionals in the ensuing administrative process.

As with all litigation, we explore suitable opportunities to resolve medical malpractice allegations through mediation. Our lawyers are highly experienced in Florida's mediation process, possessing a clear understanding of the dynamics of successful mediation, including delicate situations involving ever-present physician co-defendants.

Additionally, we regularly work with expert witnesses in every medical specialty. We are skilled in cross-examining hostile expert witnesses. We fully understand the laws governing expert testimony and its admissibility.

Our malpractice lawyers have litigated scores of cases involving a wide variety of clinical situations, including cases alleging:

• Negligent credentialing of physicians by hospitals and other health care entities
• Negligent supervision by network and contract providers of clinical employees
• Negligent performance of lab work which resulted in unnecessary surgery
• Negligent laceration of transection by surgeon of major organs and vessels during laparoscopic surgery
• Negligence of code team
• Negligence of OR nurses in failure to count instruments/sponges
• Failure to administer sufficient anesthesia prior to and during surgery
• Failure of clinical laboratory to report in a timely manner specimen test results
• Failure of clinical laboratories to obtain immediate intervention when testing results fall within the range of panic values
• Failure of nurses to intervene during physician's inappropriate use of mid- or high-forceps
• Failure of nurses to recognize impending hypoxia in post-surgical, newborn, and psychiatric patients
• Failure on the part of nurses to recognize the complications of intra-operative anesthesia in a recovery room patient
• Failure of the hospital in permitting, or failing to monitor properly, allegedly controversial spine surgery (posterior and anterior lumbar interbody fusion) resulting in a series of bad results
• Nursing failure to implement physician orders regarding patient restraint
• Nursing not notifying physician of clinical changes and abnormal lab reports
• Nursing negligence in draping the wrong limb, and presenting the wrong baby for circumcision
• Vicarious liability on the part of HMO/PPO for network providers and locum tenens
• Various radiological misadventures causing injury or death
• Inappropriate fluid management by physician resulting in overload and pulmonary edema
• Emergency room cases involving everything from failure to diagnose epidural hematoma, berry aneurysm, and myocardial infarctions to failure to diagnose burns caused by hot spilled turnip greens
• Damages caused by negligence involving intravenous lines and leaving intravenous lines in place too long
• Heparin mismanagement by physicians resulting in thrombocytopenia
• Abandonment of laboring patient by OB
• Unnecessary surgery
• Withholding of care based on financial (capitation) considerations
• Erroneous report of negative biopsy as being malignant
• Arthroscope of wrong knee
• Intrauterine hypoxia and consequent cerebral palsy resulting from alleged failure to interpret properly fetal heart rate monitor strips, and inappropriate Pitocin management
• Malpositioning during surgery resulting in ulnar or femoral neuropathy (invoking the doctrine of Res Ipsa Loquitur)
• Respiratory therapists neglect to monitor tracheostomy tube cuff pressure allegedly resulting in tracheoesophageal fistula

In working matters like these, our lawyers use their extensive knowledge of affirmative defenses - including the statute of limitations and other bars to these types of claims - available under Florida law. Additionally, when clients need legal advice in order to make complex clinical decisions, our experienced malpractice and health care law attorneys are readily available to answer questions instantly. This support can be instrumental in averting litigation.