What About Hospital Acquired Conditions? Daytona Beach Law Firm Rue & Ziffra explains

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Causation proves a direct link between a negligent act or omission and the injury suffered as a result of the negligence. Florida law says that in order to have a medical malpractice claim the plaintiff has to prove by virtue of the testimony of an expert, that a breach in the standard of care directly caused an injury.

According to Florida law, the plaintiff must” show that the injury was not within the necessary or reasonably foreseeable results of the surgical, medicinal, or diagnostic procedure constituting the medical intervention, if the intervention from which the injury is alleged to have resulted was carried out in accordance with the prevailing professional standard of care by a reasonably prudent similar health care provider.” In other words, the unexpected outcome was not a known potential complication of the procedure and with proper execution of the intervention the injury was preventable. As a practical matter the plaintiff must prove two essential elements to prove causation: 1) that the negligent act did, in fact, cause the plaintiff’s injuries; and 2) that the resulting injury was a reasonably foreseeable consequence of the defendant’s conduct.

Causation can be a difficult hurdle to cross and the investigation by an experienced attorney is needed to assure that this important element of a medical malpractice claim can be met. Many malpractice cases are defended on the ground that there was no causal relationship between the claimed damages and the alleged negligence. Take, for example, the instance of a 3-6 month delay in the diagnosis of cancer. It is not possible to prove, more likely than not, that the care, treatment and outcome would have been any different had the cancer been diagnosed earlier.

If you think you, or a loved one, have been directly injured by a healthcare provider’s acts or omissions contact the experienced medical attorneys of Rue & Ziffra for a free consultation and evaluation of your claim.

Daytona Beach, FL (Daytona Injury News) — Falls and fall-related injuries are common liability concerns in hospitals and nursing homes. Since 1987 with the Omnibus Budget Reconciliation Act (OBRA) and guidelines from the Centers for Medicare and Medicaid Services, the use of restraints has been decreased. Restraints have been found to injure and promote falls in some patients. Since directed by OBRA in 1990 there has been a reduction and elimination of the use of physical and chemical restraints. Read the rest of this entry »

In 2004, the Florida Legislature passed new laws applying to caps on damages that could be recovered in medical malpractice cases. The caps apply to intangible damages, or damages that relate to the amounts that juries can award medical malpractice victims for their pain, their loss of enjoyment of life, and other mental and emotional damages. The law is confusing, and is based upon a complicated analysis which involves the court, but could cap a medical malpractice victim’s intangible damages to the amount of somewhere between $500,000 to $1,500,000, depending on whether the medical malpractice caused a catastrophic injury to the patient.

Currently the Florida courts are reviewing the constitutionality of the medical malpractice caps, as these caps mostly impact those medical malpractice victims who have severe injuries such as blindness, amputation, paralysis and even death.

If you believe you have a medical malpractice case, the Law Offices of Rue & Ziffra have experienced attorneys dealing in Medical Malpractice who will consult with you without charge, obtain and review your medical records, and fully investigate and evaluate your potential claim.

Daytona Beach, Florida (DaytonaInjuryNews.com)  — Medical malpractice laws in Florida have been constantly changing, making it more and more difficult for you, the patient or survivor, to sue a health care facility or a health care provider for medical negligence. Read the rest of this entry »

A preeminent law firm in Central Florida, Rue & Ziffra, P.A. has been caring for injured individuals and their families and creatively solving their problems for over 25 years. A personal injury powerhouse, Rue & Ziffra, P.A. has recovered numerous multi-million dollar verdicts and settlements and has had more than 15,000 successes since it’s founding.

With qualified and talented attorneys and significant resources our law firm has been relentlessly fighting and winning the hard fight on behalf of our clients. Unique among our competitors, we offer the personal service of a small firm with the cutting-edge technology and first-rate resources of a large firm. Our team of experienced and skilled lawyers, case managers, investigators, legal assistants and support staff is always willing and ready to answer any questions and assist each and every client.

We fully understand that what defines and differentiates each law firm is the lawyers. We make sure that our lawyers are not only supremely intelligent but are significantly experienced, as well as talented, fearless and aggressive. Our lawyers work as a team to formulate creative litigation strategies and take on some of the most complex and sophisticated personal injury matters in Florida.

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