South Florida Medical Malpractice Cases Difficult from Both Sides

Medical malpractice cases can drag on for years, exacting an emotional toll on both plaintiff and defendant. No matter the outcome, attorneys say, neither side really feels like the winner. About three-fourths of cases that go to trial end in the doctor’s favor. Still, lawsuits are costly and physicians blame their patients’ propensity to sue for changing how they practice. Total payouts from malpractice claims have fluctuated in the past three years, according to data from the state Office of Insurance Regulation. In 2006, insurers paid about $600 million. Many times, families file lawsuits simply because they want to know what happened, said Lindsey Chepke, researcher at Duke University and co-author of the book Medical Malpractice. Medical records become available in the process, providing valuable insight. Most cases, though, are dropped early because the death or bad outcome couldn’t be pinned on the doctor. Of those that go to trial, 27 percent to 29 percent nationwide result in a verdict against the doctors. Those numbers, Chepke argued, suggest the courts are weeding out frivolous lawsuits, contrary to doctors’ claims. In response to a flurry of medical malpractice cases, the Florida Legislature in 2003 capped “pain-and-suffering” damages at $150,000 for emergency room patients and $500,000 for all others. When patients die, plaintiffs can get $1 million to $1.5 million, depending on the case. Since then, one-third fewer cases have been filed, several insurance companies have returned to Florida and premiums have dropped. Chepke, though, says reforms often are a tug of war among trial lawyers, medical groups and insurers. They ignore patient safety, which should be the focus. Medical malpractice cases can wind through the legal system, sometimes gaining new life in appeals even after settlements with doctors involved. On average, the life span of a malpractice case is three to five years.

Excerpt taken from a Sun Sentinel article.

http://www.sun-sentinel.com/news/local/palmbeach/sfl-flpmedmal0420pnapr20,0,294629.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.

U.S. Identifies Tainted Heparin in 11 Countries

A contaminated blood thinner from China has been found in drug supplies in 11 countries, and federal officials said Monday they had discovered a clear link between the contaminant and severe reactions now associated with 81 deaths in the United States. But a Chinese official disputed the assertion that the contaminant found in the drug, heparin, caused any deaths and insisted that his country’s inspectors be allowed to inspect the American plant where the finished heparin vials were made. He said any future agreement to allow American inspections of Chinese firms should be reciprocal. “We don’t have a strong evidence to show that it is heparin or its contaminant that caused the problem,” said the official, Ning Chen, second secretary at the Chinese Embassy. Mr. Chen said that illnesses associated with contaminated heparin had occurred only in the United States, which he said suggested that the problem arose in this country. Dr. Janet Woodcock, director of the Food and Drug Administration’s drug center, said that German regulators uncovered a cluster of illnesses among dialysis patients who took contaminated heparin. She said Chinese officials had conceded that heparin produced in their country contained a contaminant, though they say it was not connected to the illnesses.

Please click on the link below to read The New York Times article:

http://www.nytimes.com/2008/04/22/health/policy/22fda.html?_r=2&ref=health&oref=slogin&oref=slogin

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.