who is the lawyer who successfully sued wuestoff hospital in melbourne florida for wrongful death?

by Mr. Larry Yost 4 min read

Who is attorney for the injured?

Melbourne, Florida Wrongful Death Attorneys. Compare 1 attorney and 1 law firm in Melbourne , FL. ... Melbourne wrongful death attorney at Curtis N Flajole with 26 years experience . 21 Suntree Place, Suite 100, Melbourne, FL 32940. Need help with a wrongful death matter? If a family member or loved one has been killed through the actions of ...

Who is the best medical malpractice lawyer in Florida?

Apr 27, 2016 · Wrongful Death Suit Filed, Using 'Outrage' Claim. When 31-year-old Shannon Lawley died at a Brevard County hospital four years ago, her parents wanted to file a medical malpractice suit. But only spouses or children can sue under Florida law, and Shannon Lawley had neither. Michael Lawley felt the law was so unfair that he protested to the ...

Can the largest plaintiff’s law firm take on a medical malpractice case?

Sep 18, 2019 · Reviews from Wuesthoff Hospital employees in Melbourne, FL about Job Security & Advancement

Are doctors more likely to be sued again and again?

Sep 18, 2019 · Get weekly updates, new jobs, and reviews. Snapshot; Why Join Us; 47

Who is a wrongful death lawyer?

A wrongful death lawyer handles lawsuits for families who have lost a loved one due to the negligence or wrongful act of another party.Jan 21, 2020

What is the statute of limitations on a wrongful death lawsuit in Florida?

two years
Under the 2019 Florida statutes, the statute of limitations for wrongful death is within two years of the date of death for most cases.

Who can sue for wrongful death in Florida?

When someone is killed through the negligence of someone else, family members have the right to file a wrongful death lawsuit on the decedent's behalf. Florida's Wrongful Death Act restricts wrongful death suits to certain close relatives, which means not just anyone can file a lawsuit.

Can you sue for death after surgery?

If a surgeon's negligence caused you to suffer an injury or illness, you could be entitled to compensation and justice. You may also be awarded compensation if negligence caused the death of your spouse, parent, child, or another family member.

Who gets the money in a wrongful death lawsuit?

1 Spouse, 1 child—Each receives 1/2. 1 Spouse, 2 children—Each receives 1/3. 1 Spouse, 3 children—Spouse receives 1/3, each child receives 2/9 (or in other words, the remaining 2/3 not paid to the spouse is split evenly 3 ways). No spouse, 4 children—Each receives 1/4.Dec 3, 2021

How do I file a wrongful death suit in Florida?

Who can file a wrongful death claim? In Florida, Statute Section 768.19 requires that the decedent's Personal Representative, or the individual named by the deceased person's will, bring the case before the probate court. If there is no will, then an appropriate Personal Representative will be named by the court.

What constitutes medical malpractice in Florida?

Home » Frequently Asked Questions » Medical Malpractice » What Constitutes Medical Malpractice In Florida? Medical malpractice is when a care provider's negligence causes an injury to one of their patients. This can happen in a hospital, doctor's office, inpatient care facility, or at a local pharmacy.

What constitutes wrongful death in Florida?

Under the FL wrongful death statute, a wrongful death occurs when a person dies as a result of someone else's negligence, wrongful act, or violation of a contract or warranty. A person may bring a civil suit for wrongful death in Florida and recover monetary damages.Apr 6, 2022

Can an estate sue for medical malpractice in Florida?

The second set of persons entitled to bring a lawsuit for medical malpractice after someone dies is comprised of family members known as survivors. Florida statutes define who is a survivor in a medical malpractice case, and who comes “first in line” to the exclusion of other, more distant relatives.

How long do you have to sue for medical malpractice?

three years
The usual time limit for bringing a medical negligence claim is three years. This can be three years from: The date you were injured. Or the date when you first realised you had suffered an injury due to potential medical negligence.

Can you sue a hospital for negligence?

If a doctor or hospital staff makes a medical error the hospital is still responsible and a patient can sue them. Hospital negligence occurs directly by the hospital or indirectly by its employees. Direct Hospital Negligence includes: Low or Inadequate staff to treat patients.Apr 6, 2021

Are doctors responsible for patient death?

Doctors and medical professionals have a duty to their patients. They must provide adequate care under the law. A health care professional's negligence can severely harm patients, possibly resulting in death.Apr 1, 2020

Indeed Featured review

I enjoyed my job talking to the patients but was very unfairly treated by employees that were there. And management choose not to do anything in regards to correct it..

Great learning experience

Being a student here helps me learn the necessary things to help me grow into the professional that I am today. The diversified environment was crucial in my success.

Wuesthoff Hospital-CNM

The patient care coordinator that monitors the workflow of patients.

Run away

May be better in the future but not now. Goal is "obtaining the perfect experience", does not apply to this company at the time

made many friends

too many patients per nurse. unsafe, understaffed. no one listened to nurse concerns. Policy overrode patient care. Doctors were great. Administration was not supportive.

very good learning experiencde

it was my first in a hospital setting. lasted about one year it was a very goo learning experience. help me learn more about health care. have more empathy and compassion towards others.

not a very professional enviroment

There is no typical day at work everyday varies,depending on the staff and the census,,I have learned so much in the hospital .Very different then retail,I love most of my co-workers,the hardest part of my job is the negativeity from management..There so quick to point out the mistakes and never acknoledge the good..The most enjoyable part of my job is taking care of the patients.

What are the damages for a patient who has passed away?

An injured patient or the family of a patient who has passed may be awarded damages for the harm caused by a negligent medical professional, hospital, or other party. These damages are intended to compensate the victim for losses they’ve suffered, and may include: Medical expenses: - Medical expenses may cover hospital stays, doctor visits, physical therapy, prescription drugs, assistive devices, and other past and future costs associated with your injury. - Lost Wages and Loss of Earning Capacity: If you’re forced to take time away from work to recover from your injury, you may be eligible to collect compensation for lost wages. If you’re unable to earn the same amount of money as you did prior to your injury, you may be awarded compensation for diminished earning capacity. - Pain and Suffering: Pain and suffering damages are designed to compensate the victim for physical pain caused by their injury, as well as emotional distress (e.g., anxiety, fear, depression, and other mental suffering). - Loss of Consortium: Surviving family members may be awarded compensation for the loss of aid, companionship, and other benefits of a family relationship. - Other Damages: You may be awarded other various damages including loss of life’s enjoyment, disfigurement, and punitive damages (intended to punish severe negligence or recklessness).

What are some examples of negligence by an anesthesiologist?

Some examples of negligence by an anesthesiologist include: Administering the wrong type of dose of anesthesia. Administering anesthesia too late.

What are the types of anesthesia errors?

Anesthesia Errors There are multiple types of anesthesia with distinct purposes: - General: In general anesthesia, the patient is unconscious and unaware of sensations. They don’t feel any pain or remember the procedure afterward. - Regional: Regional anesthesia numbs a specific part of the body, such as an arm or leg. - Local: Local anesthesia numbs one small area of the body. For example, it may be given to relieve a patient’s pain while a deep cut is sewn. Each type of anesthesia carries the risk of complications. One of the most common and serious complications is anesthesia awareness, also known as intraoperative awareness. This occurs when a patient regains consciousness during surgery. If anesthesia is used incorrectly and a patient is injured as a result, the negligent medical professional may be liable for the resulting damages. Some examples of negligence by an anesthesiologist include: - Administering the wrong type of dose of anesthesia - Administering anesthesia too late - Failing to put a patient under anesthesia - Failing to properly manage the administration of medications and fluids Birth Injury The birth of a child should be a joyous occasion. Unfortunately, that’s not always how it turns out. That’s because sometimes doctors fail to provide a safe childbirth process. The end result may be a debilitating birth injury such as cerebral palsy, Erb’s palsy, or brachial plexus palsy. Birth injuries can occur for a variety of reasons, but they tend to have one thing in common: They could have been prevented with reasonable medical care. Common causes of birth injuries include: - Excessive Force: If a doctor exerts too much force on a newborn baby’s neck or limb when using forceps or during vacuum extraction, it can lead to nerve damage. - Delayed C-Section: Failure to perform a C-section in a timely manner can result in injury or death to the child. - Oxygen Deprivation: Various complications can deprive a newborn of oxygen. If, for example, the umbilical cord wraps around the baby’s neck, it can lead to cognitive delay or brain damage. - Failure to Monitor: If the doctor neglects to monitor the mother and baby’s condition throughout, problems such as placenta previa or a ruptured uterus can occur. Emergency Room Errors Emergency rooms are hectic, but medical professionals are trained to manage difficult situations and must uphold a high standard of care no matter what. Negligence on the part of a doctor, nurse, or other staff member can lead to serious, debilitating injuries. Examples of emergency room negligence include: - Misreading charts, x-rays, or MRIs - Failing to diagnose a condition - Making an incorrect or delayed diagnosis - Making medication errors - Failing to recognize or treat postoperative infections - Neglecting to monitor a patient post-treatment Hospital Malpractice In some cases, the hospital itself may be liable in a medical malpractice lawsuit. Hospitals must adequately evaluate prospective employees. That includes evaluating their prior experience, certifications, and level of education. If a hospital hires an incompetent or underqualified staff member, it may be liable for any injuries caused by that employee. Hospitals are also responsible for appropriately staffing the hospital so that patients receive proper care and employees aren’t asked to do more than can be reasonably expected. They’re also charged with keeping track of patient records. Failure to meet these and other standards may be grounds for a medical malpractice lawsuit. In addition, hospitals can be held vicariously liable if an employee or staff member causes injury to a patient, provided the employee was acting within the scope of their employment at the time the negligent act took place. However, vicarious liability does not cover the actions of independent contractors. Many doctors are not hospital employees, but rather are employed on a freelance basis while they run their own private practices. (If, however, the hospital hires a contractor without the requisite experience or credentials, the hospital may be liable for any resulting injuries.) Medical Device Errors Medical devices such as MRIs are used routinely to diagnose, treat, and prevent illnesses. However, they can be misused and result in serious injuries or even death. In addition, manufacturers can be liable for manufacturing defects, design defects, and inadequate warnings. Misdiagnosis or Delayed Diagnosis A misdiagnosis can have devastating effects for a patient. They may suffer debilitating pain, lasting physical impairments, and even death due to lack of appropriate treatment. They may also endure severe side effects from receiving treatment for the wrong condition. A delayed diagnosis can have similar outcomes, particularly as the condition progresses. Whether a patient is misdiagnosed or their condition is diagnosed too late, they’ll need to demonstrate negligence on the part of their doctor. For example: - Failure to listen: It’s the doctor’s responsibility to listen and examine the symptoms the patient is describing. - Failure to recognize key symptoms: Healthcare professionals are trained to make diagnoses based on their patients’ symptoms. Failure to make a diagnosis, despite symptoms that indicate a particular illness, may constitute medical malpractice. - Failure to examine a patient’s medical history: Physicians must examine their patients’ personal and family medical histories. An illness can worsen that otherwise would have been easily identifiable. - Ordering an improper test: If a doctor orders incorrect tests based on the symptoms described to them, they may be liable for any ensuing injuries. - Failing to order tests: A doctor can be found negligent for failing to order standard tests after observing certain symptoms. - Failing to interpret test results correctly: Medical professionals are responsible for interpreting test results correctly. Postoperative Negligence Postoperative care refers to the monitoring and subsequent care that a patient receives following surgery. Medical professionals are responsible for monitoring their patients for complications that might arise from surgery, preventing and treating infections, monitoring vital signs, providing detailed instructions for post-surgical care, and correctly prescribing medicine to aid in the healing process. If a doctor fails to properly monitor a patient or identify symptoms after surgery, they may be liable for malpractice. Some of the common infections, illnesses, and other conditions that arise from postoperative negligence include: Sepsis Viral infections Internal bleeding Necrotizing fasciitis Infections at the site of surgery Tissue necrosis Organ perforation Urinary tract infection (UTI) Staph infection Methicillin-resistant Staphylococcus Aureus (MRSA) Bloodstream infections Blood clots or pulmonary embolism Respiratory infections such as pneumonia Peritonitis Other Examples of Malpractice The above is not an exhaustive list. There are many other examples of medical malpractice, including: Neglecting a patient Refusing to offer proper treatment Failing to refer a patient to a specialist if their physician is providing inadequate care Performing nonconsensual surgery Failing to adhere to hospital protocols Administering drugs that interact negatively with one another Giving a drug to a patient who is allergic Neglecting to monitor or act upon changes in vital signs Failing to intubate Neglecting to inform the patient of instructions regarding a procedure

What is medical malpractice?

Medical malpractice occurs when a healthcare professional provides treatment that deviates from accepted standards of care within the medical community, thereby causing injury to a patient. If a doctor, surgeon, hospital, or another party was medically negligent, they may be liable for any ensuing losses.

What is the Causation of Duty?

Causation: The patient must prove that the breach of duty was directly responsible for their injury. Damages: The injury must have caused economic or non-economic damages. For example, the patient may have incurred additional medical bills or endured emotional suffering.

Can a hospital be held liable for medical malpractice?

Failure to meet these and other standards may be grounds for a medical malpractice lawsuit. In addition, hospitals can be held vicariously liable if an employee or staff member causes injury to a patient, provided the employee was acting within the scope of their employment at the time the negligent act took place.

Can a doctor be found negligent for failing to order a test?

Failing to order tests: A doctor can be found negligent for failing to order standard tests after observing certain symptoms. Failing to interpret test results correctly: Medical professionals are responsible for interpreting test results correctly.

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How much did Rehnke settle his malpractice claim?

Rehnke settled the malpractice complaint for the limit of his policy, $250,000, records show. The hospital settled for $1 million. This was just one of 14 times since 2000 that malpractice insurers have paid to settle complaints against Rehnke, according to a state database of claims.

When no medical error occurred, did the payment of claims occur less often than the reverse?

But a 2006 national study in the New England Journal of Medicine suggests that payment of claims when no medical error occurred happened less often than the reverse – nonpayment of claims that followed real errors.

What bacteria did Arcos give?

While operating the Pain Institute of North Florida in Tallahassee, Arcos unwittingly gave patients spinal injections contaminated with a bacteria called Staphylococcus aureus. Twenty-five were hospitalized and 10 required surgery for abscesses.

How did Rehnke mishandle the case?

In an administrative complaint, the Department of Health said Rehnke mishandled the case at the outset by operating before trying more conservative treatment and then failed to properly treat the ensuing infection.

What happens when an insurer settles a claim in Florida?

Each time an insurer settles a claim and files the information with the state, the Department of Health is notified. The Consumer Services Unit reviews the notice to see whether it is “legally sufficient” – if it would be a violation of Florida statutes if proven – and meets other requirements, including the statute of limitations.

When did Health News Florida analyze claims?

Health News Florida analyzed all reported claims insurers paid on behalf of medical doctors and osteopaths between 2000 and October 2016. The analysis did not include payments for institutions, such as hospitals, and payments of non-physician health professionals such as dentists and pharmacists.

Which board of medicine decides if a complaint is filed?

The Department of Health determines whether to bring the complaints to the professional license boards, including the Board of Medicine (for MDs) and the Board of Osteopathic Medicine (for D.O.s).