1st DCA of Florida – Sovereign Immunity Afforded to State Employed Physician Does Not Inure to Private Hospital

The 1st DCA of Florida recently held that Section 768.28(9)(a) of the Florida Statutes does not foreclose a claim of medical malpractice against a private hospital and does not afford the facility sovereign immunity for the conduct of a public employee working under its supervision and control.  In the subject case, the plaintiffs filed a medical malpractice suit against Shands at Lake Shore, a private hospital, and the University of Florida Board of Trustees, an agency of the State of Florida.  They alleged that the defendants were liable in the wrongful death of their son.  The medical negligence at issue was attributed to a radiologist who was employed by the Board of Trustees but working at Shands under a joint venture between the two.  The plaintiffs alleged that the radiologist failed to identify a suspicious mass seen on a CT scan which turned out to be a malignant tumor causing the boy’s death.  The trial court granted Shands’ motion to dismiss the complaint on the grounds that  the “exclusive remedy” afforded by Section 768.28(9)(a) of the Florida Statutes in a negligence case involving a state employee is to file suit against the governmental entity as an employer.  At the trial court level, Shands successfully argued that it was not liable to the plaintiffs because it had not employed the radiologist and that the plaintiffs’ only recourse was to sue the state agency.  The 1st DCA reversed and held that the plaintiffs may maintain a cause of action against a third party (Shands) who may have been jointly responsible for the conduct of the physician.  The Court went on to hold that the purpose of the sovereign immunity doctrine would be subverted entirely if the statute could be construed to transfer the protection intended for a public employee to a private company responsible for the employee’s conduct.

To read the opinion, please click here: Andrew v. Shands at Lakeshore, Inc.

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Infant Deaths Prompt Recall of Cribs

Approximately one million cribs designed by Simplicity for Children, a Pennsylvania-based manufacturer, have been recalled after the suffocation deaths of at least two (2) children.  According to the Consumer Product Safety Commission, an alleged defective drop-rail side in eleven (11) crib models made by the company can detach and create a small space where infants can become trapped.  The subject cribs, sold under the Simplicity and Graco brand names, were sold from January 1998 until May of last year. 

To read the entire New York Times article, please click on the link below:

http://www.nytimes.com/2007/09/21/business/21cnd-cribs.html?ex=1348027200&en=9bc9b3b11191c3c9&ei=5088&partner=rssnyt&emc=rss

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Florida Men Sentenced in Insurance Automobile Accident Insurance Scam

On December 11, 2007, two Florida men were sentenced to prison for insurance fraud after staging an automobile accident in Lauderdale Lakes.  Broward County Circuit Court Judge Stanton Kaplan sentenced the men to three (3) years in prison followed by ten (10) years of probation.  He also ordered them to pay $20,000 in restitution to the insurance companies that were cheated.  In 2004, Florida changed its law to require a two (2) year minimum mandatory prison sentence for anyone convicted of participating in a staged car accident to support a fraudulent insurance claim.  According to a study performed last year by the National Insurance Crime Bureau, car accident insurance scams happen more frequently in South Florida than anywhere else in the country.  Authorities say that thousands of staged car accidents go undetected every year in South Florida contributing to the $30 billion dollars lost annually to insurance fraud nationwide.

To view the Miami Herald article, please click on the link below:

http://www.miamiherald.com/news/broward/story/357926.html

For more information on defending automobile accidents, premises liability and slip and fall matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Pfizer Sued Over Lipitor Marketing Campaign to Physicians

In a recent lawsuit filed in the U.S. District Court for the Eastern District of New York, a former Pfizer official accused the company of illegally boosting sales of its top selling drug, Lipitor, through an elaborate campaign of misleading educational programs for physicians.  The official claims that the educational campaign was a key part of a marketing strategy that led thousands of physicians to prescribe Lipitor for millions of patients who did not need medication and could be harmed by overly aggressive treatment.  Pfizer has called the lawsuit meritless. 

To read the entire Wall Street Journal article, please click on the link below:

http://online.wsj.com/article/SB119811136568740957.html?mod=health_home_stories

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Alzheimer’s Drug Trial Begins in South Florida

South Florida is the first place in the nation to start advanced clinical trials for a new potential treatment for Alzheimer’s disease.  The treatment is an immunization which is administered much like chemotherapy that uses a patient’s immune system to fight the disease.  Brain Matters Research, a private for-profit Delray Beach company, enrolled its first patient last week and is looking to sign up about 100 more.  The immunization, gradually injected into the patient’s bloodstream with a needle, is one of several experimental treatments that use antibodies to attack beta amyloid protein plaques that form in the brains of patients with Alzheimer’s disease. 

To read the entire article published in the Sun Sentinel, please click the following link:

http://www.sun-sentinel.com/business/custom/consumer/sfl-flhlpvaccine1223sbdec23,0,5750197.story

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Study says Death Risks from Surgery for Pediatric Congenital Heart Disease Reduced at Institutional Facilities

In the first national study of this issue, a team of University of Michigan physician researchers found that infants with specific complex heart defects are much less likely to die before leaving the hospital if they are treated at centers that treat the largest number of these patients.  The study was based on data from the 2003 Kids’ Inpatient Database that includes information on children hospitalized in thirty-six (36) states.  They analyzed data for two of the most severe congenital heart defects: transposition of great arteries (TGA)  in which the major blood vessels leading between the heart and lungs are switched and hypoplastic left heart syndrome (HLHS) in which the left side of the heart does not develop properly. 

To read the entire article published in a University of Michigan Health System press release, please click on the following link:

http://www.med.umich.edu/opm/newspage/2007/hmcongenheart.htm

For more information on physician and health care provider representation at Florida Board of Medicine and Department of Health hearings and inquiries please contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Study Confirms Benefits of Hospitalist Physician Care

A recent study showed that care provided by hospitalists equalled that of family physicians and internists but at a significantly reduced cost.  The study confirmed that patients of hospitalists had the same death rate and rate of re-admission as other physicians but provided the added benefit of lower bills and earlier discharges.  On average, hospitalist patients went home 9.6 hours sooner and and were billed at a cost of $5,129 compared to $5,254 to $5,397 for patients of other non-hospital based physicians.  Hospitalists work for hospitals or insurers solely to supervise the care of hospital patients without primary care physicians or whose doctors do not make hospital rounds. 

To read the entire Sun Sentinel article, please click on the following link:

http://www.sun-sentinel.com/business/sfl-flrxhos1220sbdec20,0,6566365.story 

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Speech Recognition Demonstrates Fewer Errors Than Transcribed Radiology Reports

According to a presentation at the 93rd Scientific Assembly and Annual Meeting of the Radiological Society of America, the implementation of speech recognition software in a radiology physician practice generates fewer errors than traditional transcription methods.  The study compiled error rates for 498 reports created with SpeechQ software in radiology physician practices and compared those same reports transcribed in the traditional manner.  The traditionally transcribed reports included at least one (1) error in thirteen (13) percent of the total while the speech recognition reports demonstrated one (1) error in only nine (9) percent of the total studies.  The automated approach also contributed to an impressive improvement in report turnaround time compared with manual report preparation.

To read the entire article from HealthImaging.com, please click on the following link:

http://www.healthimaging.com/index.php?option=com_content&task=view&id=9035&Itemid=161

For more information on physician contract negotiation and physician practice management matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

2d DCA of Florida – NICA Brochure Alone Does Not Meet Notice Requirement Immunizing Physician From Suit

The 2d DCA of Florida recently held that NICA Plan brochures distributed by health care providers to patients alone were insufficient in meeting the statutory notice requirement and, as such, a physician who merely distributed the Plan brochure to a patient without more did not receive immunity from civil suit provided by the Plan.  The Court held that the NICA Plan brochures only explained the existence of the Plan and did not advise whether a specific  physician was a Plan participant.  Without further notification that a physician was indeed a NICA Plan participant, a patient would be unaware that she needed to choose either to continue care with her current physician – thus accepting the Plan’s coverage – or seek the services of a non-participating physician– thereby reserving any rights she may have to pursue a civil action.  The 2d DCA certified this question to the Supreme Court of Florida for further guidance.

To read the entire opinion, please click here: Florida Birth-Related Neurological Injury Compensation Assoc. v. Britt

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

3 Florida Nursing Homes “Not Showing Significant Improvement” in 2007 Despite Prior Reported Deficiencies

The Centers for Medicare & Medicaid Services (CMS) recently found that three (3) Special Focus Facility nursing homes in Florida had not shown significant improvement in 2007.  The CMS report found that Apollo Health & Rehabilitation Center in St. Petersburg, Key West Convalescent Center in Key West and Palms Rehabilitation and Nursing Center in Lauderdale Lakes had not shown significant improvement from prior evaluations.  Once a nursing home is classified as a Special Focus Facility by the CMS, the facility is visited and evaluated more frequently in an attempt to correct reported inadequacies and prevent it from losing Medicare and Medicaid funding.

To review the CMS lisiting of facilities, please click on the following link: http://www.cms.hhs.gov/CertificationandComplianc/Downloads/SFFList.pdf

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

4th DCA of Florida – “Mode of Operation” Evidence Admissible Against Restaurant

In the slip and fall case of Ventimiglia v. TGI Fridays, Inc., the plaintiff argued the court erred in excluding evidence of the defendant’s mode of operation which involved the use of hard wood floors under conditions where grease and other foods were spilled in areas frequented by customers.  The 4th DCA of Florida held that testimony from restaurant employees that spillage of food and drinks, the trekking of grease from the kitchen, the general slipperiness of the floors and the fact that the employees wore non-slip shoes because of the slippery conditions was relevant under the mode of operation theory and its exclusion amounted to error.  Under Florida law, the “mode of operation” rule looks to a business’s choice of a particular mode of operation and not the surrounding events of the plaintiff’s accident.  Thus, the basis for the negligent mode of operation theory is the claim that the specific mode of operation selected by the premises owner resulted in the creation of a dangerous or unsafe condition.  As such, whether the premises owner or operator possessed constructive or actual notice of the specific transitory substance is not at issue.

To read the entire opinion please click here: Ventimigilia v. TGI Fridays

For more information on defending premises liability and slip and fall matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Kids, Crocs and Escalators – A Potential Liability Hazard

Crocs, the clunky colorful shoes that are the current rage with children, may pose an added safety risk on escalators.  Recently, the journal, Injury Prevention, reported that between May and August there were forty (40) escalator injuries which were linked to Crocs or other similarly made rubbery clogs.  The no-skid appeal of the shoes has apparently resulted in some children getting them caught in the front or side of a moving escalator step.  The Consumer Products Safety Commission estimates that there are approximately 7,500 escalator accidents requiring hospitalization annually in the United States.  

To read the entire New York Times article, please click on the following link:

http://well.blogs.nytimes.com/2007/12/12/kids-crocs-and-escalators/ 

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Makers of Microwave Popcorn To Remove Flavoring Chemical Linked to Rare Lung Disease

The nation’s four biggest makers of microwave popcorn have taken steps to remove a flavoring chemical from nearly all their products that has been linked to a lung ailment in popcorn plant workers.  The chemical, diacetyl, has been linked to cases of bronchiolitis obliterans, a rare form of fixed obstructive lung disease often called “popcorn lung.”  The companies say all their microwave popcorn recipes and products should be changed by January of 2008.

To read the entire Sun Sentinel article, please click on the link below:

http://www.sun-sentinel.com/features/health/sfl-fl3anatdig12182sbdec18,0,5034957.story

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Breast Cancer – Discovery of Biological Predictor Could Help Women Avoid Needless Treatment

Researchers have found a way to predict which patients with pre-cancerous breast tumors are destined to develop cancer, potentially saving tens of thousands of women from unnecessary treatment.  In a study presented at the San Antonio Breast Cancer Symposium, researchers reported that they had discovered a molecular profile that can distinguish potentially lethal cases of DCIS (ductal carcinoma in situ) from ones that will never become life-threatening.  The researchers found several biomarkers that accurately predict the formation of aggressive tumors years before they form as well as markers that identify women who will not develop future breast cancers after a pre-cancerous diagnosis.

Please click on the following link to read the entire Chicago Tribune article:

http://www.chicagotribune.com/news/nationworld/chi-cancer_17dec17,0,5031534.story?coll=chi_tab01_layout

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Physicians Use “Open Access” System to Improve Family Medicine Practice Model

Physicians across the country are experimenting with a patient managment model known as advanced open access.  As part of the model, physicians keep approximately half of their daily appointments open for last minute patients.  Supporters of the model say that it provides patients with same day in-office access to physicians, e-mail consultations and electronic records, family/group visits and an overall more pleasant experience.  Along the same lines, the American Academy of Family Physicians started an initiative, TransforMED, to test a new model of patient-centered care.  Not only does TransforMED want to find whether patients and providers are more satisfied with the model, the initiative also seeks to learn whether a practice that makes these changes can still succeed financially.

To read the entire article published in the U.S.A. Today, please click on the following link:

http://www.usatoday.com/news/health/2007-12-10-doctors_N.htm  

For more information on physician contract negotiation and physician practice management matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

FDA Eyes “Behind the Counter” Drug Category with Greater Clinical Role to Pharmacists

The Food and Drug Administration is contemplating the establishment of a class of medications that would be available only after counseling from a pharmacist but without a physician’s prescription.  Known as “behind the counter,” this category exists in many other countries in various forms.  The FDA is considering this possibility for the fourth time since the 1970’s because agency officials feel the emergence of the Internet means that consumers are more informed than ever and the time might be right to make the change in the United States.  It is currently unknown what drugs might fall into the BTC category.  If created, the category would allow pharmacists to perform a clinical evaluation of a patient before deciding to dispense a drug or refer a patient to a physician. 

To read the entire article published in the American Medical News, please click on the link below:

http://www.ama-assn.org/amednews/2007/12/17/hll21217.htm

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

5th DCA of Florida – Pre-suit Expert Affidavit in Medical Malpractice Case Need Not Specify Defendant’s Name

In the recent 5th DCA of Florida opinion of Jackson v. Morillo, the Court held that an expert physician affidavit which corroborates a potential plaintiff’s medical negligence claim during the pre-suit investigatory period need not specifically name the allegedly negligent physician or health care provider.  The Court found that as long as the expert affidavit corroborated a legitimate basis to pursue a medical malpractice claim and demonstrated that a proper review determined the physician’s actions were negligent, there was no need to specifically name the health care provider in the document.    

To read the entire opinion, please click on the following link: Jackson v. Morillo

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Merck Recalls Hib Vaccine Following Factory Contamination

Merck & Co. is recalling approximately one million doses of the childhood vaccine, Hib, which is used to prevent pneumonia and meningitis after testing confirmed contamination in a Pennsylvania factory.  The Hib vaccine is a three (3) shot dose recommended for all children under the age of five (5) and is usually given to infants starting at two (2) months old. 

To read the entire article, please click here: http://www.sun-sentinel.com/features/health/la-he-vaccine13dec13,0,6388263.story

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

Recent Study Challenges Radiologist Interpretation of Diagnostic Mammograms

A recent study published in the Journal of the National Cancer Institute provides that physicians reading mammograms miss an average of 2 in every 10 cases of breast cancer even for women with lumps and other reported symptomatology.  The researchers also found a wide variation in radiologists’ ability to detect cancer in plain film radiographs with some missing as many as 7 in 10 cases.  The study examined the performance of 123 radiologists who interpreted nearly 36,000 diagnostic mammograms from 1996 to 2003 at 72 facilities in the United States.  The researchers found that sensitivity ranged from 27 percent to 100 percent with a median of 79 percent and a false positive rate ranging from zero to 16 percent with a median of 4.3 percent.

To read the entire Chicago Tribune article, please click on the following link:

http://www.chicagotribune.com/news/local/chi-mammogram_bothdec12,0,3244873.story

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.

4th DCA of Florida – Error in Impaneling “Partial” Juror in Slip and Fall Case

The 4th DCA of Florida recently held in Algie v. Lennar Corporation that the trial court erred in impaneling a juror in a slip and fall case.  The subject juror informed counsel that he believed every person involved injured in a slip and fall case carries with them a percentage of fault but that he could be fair in serving as a juror in the case.  Notwithstanding the juror’s response to this line of questioning, the trial court judge would not agree to strike the juror for cause.  The 4th DCA held that when a party seeks to strike a potential juror for cause, the trial court must allow the strike when there is reasonable doubt that the juror’s state of mind would cause him/her to render an impartial decision.  The Court went on to hold that a juror who initially expresses bias may be rehabilitated during questioning, however, the initial doubts raised are not necessarily dispelled simply because a juror later acquiesces and states that he/she can be fair.

Please click here to read the entire opinion: Algie v. Lennar Corporation

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.