Tag: malpractice

Kentucky moves to limit medical malpractice claims

~ susie

Court

The Kentucky Senate has passed a bill which would make significant changes to how medical malpractice claims proceed and how much attorneys can receive in compensation.

The bill, which must still pass the House before moving to the Governor, includes the following:

  1. Any medical malpractice lawsuit must have an Affidavit of Merit included with the initial filings. This document is executed by a doctor and says the doctor believes the lawsuit has merit. If a medical review panel (established several years ago) finds in favor of a patient, the affidavit requirement is satisfied. If the panel finds in favor of the medical provider, the patient can overcome this finding by providing a subsequent Affidavit of Merit.
  2. Attorney contingency fees would be capped at 33 percent of any award.
  3. Statements from doctors and nurses expressing condolences or apologies cannot be used in a medical malpractice lawsuit as evidence of fault.

“This bill mirrors the state of the law across much of the country,” said Charles E. Boyk, an Ohio Personal Injury Attorney with Charles E. Boyk Law Offices, LLC.  “There is a belief among many lawmakers that medical malpractice cases are frivolous and often result in unrealistic or unfair award to plaintiffs. This bill seeks to ensure that cases that are brought before the court are determined to have some measure of merit by others in the medical field.”

The affidavit of merit has four requirements. First, the doctor executing the affidavit must have reviewed all reasonably available medical records related to the claim. Second, the doctor must receive more than 50 percent of his revenue from the provision of care. This eliminates any concerns about doctors setting up enterprises for the sole purpose of collecting fees for signing affidavits of merit. Third, the doctor must believe the standard of care was breached by at least one of the defendants. Finally, the doctor must be of the opinion that the breach caused the injury.

One positive change in the law for patients is the requirement that hospitals provide one full copy of a patient’s medical records, free of charge. The law also puts a cap on the per-page charge that can be assessed for additional copies of records and creates exemptions to any fee for certain pro bono services.

“On the whole, this will not operate to impede the prosecution of valid claims of medical malpractice,” said Boyk. Proper legal counsel can ensure that even the tallest hurdles to justice can be cleared.

Woman dies during cosmetic procedure by doctor accused of multiple malpractice cases

~ susie

Dr. Darm LipoLift - MH Page 1

If you really must have this kind of cosmetic surgery, for God’s sake, do a little research. And don’t go to a freestanding clinic that’s not in a hospital!

In April, after a year-long investigation, the Florida Board of Medicine revoked the license of a Miami doctor for seriously injuring four different patients in 2015 while performing a procedure known as the “Brazilian butt lift” and liposuction surgeries. But a judge overrode that decision and the doctor continued to practice. Two months later, on the same day the Florida Court of Appeals denied a requires from the board to stop the doctor from doing liposuctions, a 30-year female patient died in his clinic while he was performing an undisclosed procedure.

When emergency responders arrived at the Doral clinic, the doctor was performing CPR on the Illinois woman. She had stopped breathing in the middle of the procedure. She was pronounced dead a short time later at the Kendall Regional Medical Center.

During liposuction, fat is removed through a surgical incision with a metal rod. The rod is plunged in and out of the patient. The doctor advertises his specialty as the Brazilian butt lift, transferring the fat that is removed from parts of the body to the patient’s buttocks.

In May 2015, he perforated the organs of two different patients with the metal rod and caused two other patients to develop serious infections from the liposuction.

In addition to the complaints and investigation by the board, the state health department has also sought to stop the doctor from performing liposuctions. They have charged him with repeated medical malpractice. Despite the numerous restrictions and revocations of his medical license, the decisions are always overturned and he goes right back to operating.

There is also at least one malpractice suit that has been filed against the doctor. The plaintiff in that case had gone to the doctor for breast augmentation and revision surgery. Shortly after the surgery, the woman began vomiting blood and developed excruciating pain. Other complications developed and the doctor did a second surgery four months later to fix the issues. But it didn’t work.

Upon hearing of the patient’s death, Attorney Domnick said, “This goes beyond appalling. The fact that the court continues to let this man practice is unacceptable. Had they not overruled the board, this woman would still be alive.”