
Medical
Malpractice:
Medical Negligence or "malpractice" occurs when a physician or health care provider falls below the standard of care and either fails to do something that should have been done or does something that should not have been done which results in injury or death. Doctors and other health-care providers must follow certain standards when caring for patients. While a simple mistake is not enough to constitute negligence, a death or injury caused by the failure to provide reasonably appropriate or common standards of care or the failure to diagnose a detectable illness may be malpractice.
Baron & Herskowitz handles all types of medical malpractice cases including but not limited to those involved in the negligence by a doctor or physician, hospital, nurse, dentist or any other health care provider. We aggressively investigate and pursue claims for injuries and death arising out of: cardiac medicine, surgical malpractice and mistakes, cancer misdiagnosis and other diseases , cosmetic surgical malpractice, obstetrical malpractice and birth injuries (Brachial Plexus/Erbs Palsy), gynecological malpractice, anesthesia injuries, and injuries related to oxygen deprivation.
Our firm enjoys a reputation for our experience and the quality of representation in medical malpractice cases against doctors, hospitals, HMOs, and other health care providers. We approach each case individually, providing the resources, knowledge and experience to achieve success on behalf of our clients. We handle medical malpractice cases throughout the state and have tried these Lawsuits in many different jurisdictions throughout the state of Florida.
Birth Injuries:
When injuries occur during the delivery of a baby, they are often
catastrophic for the baby, the mother, or both. Interruption of the baby's
oxygen supply can cause brain damage leading to physical or mental
impairment of the child. Our lawyers have extensive experience in
representing families who are victims of malpractice during childbirth and
the period immediately following delivery.
Brachial Plexus/Erbs Palsy:
Brachial Plexus injuries occurred during birth are almost always associated
with the occurrence of "shoulder dystocia." Shoulder dystocia occurs when
one of the baby's shoulders becomes lodged up against the mother's pubic
bone during delivery. There are specific maneuvers that must be followed in
order to deliver the baby without injury. When the doctor or nurses fail to
follow these maneuvers, and the delivering health care provider (either
doctor or nurse/midwife) exerts excess of lateral traction on the baby's
head and neck, the nerves of the baby's brachial plexus and dystoc shoulder
becomes stretched to the point of tearing. Our firm has handled numerous
cases involving brachial plexus injuries.
Misdiagnosis:
It is important that with today's levels of accuracy in testing and
diagnoses, a definitive or accurate diagnosis is essential for many
illnesses that cannot be seen on a film or screen, or definitively found
through a test. Regardless of whether the diagnosis is made by x-ray, CAT
scan, MRI, ultrasound, mammogram or laboratory test, if the diagnosis is
wrong then the doctor has fallen below an accepted standard of care
resulting in an injury to the patient, the matter should be investigated and
pursued. The most common types of misdiagnosis are: cancer, pulmonary
embolism, stroke, infection, and perforations following surgical procedures.
Baron & Herskowitz has extensive experience in the pursuit of medical
negligence claims based upon an incorrect or untimely diagnosis.
Surgical Areas and Mistakes:
There are many types of surgical errors. They range from operating on the
wrong portion of the body, to failure to monitor a patient, or perforating
an organ during a surgical procedure. While perforation may be in error, not
all errors are below the standard of care. The medical negligence however,
may occur in the failure to recognize the error in a timely manner. The
Baron & Herskowitz has extensive experience in pursuing claims involving
surgical errors and mistakes.
Anesthesia Injuries:
One of the most important elements of pre-surgical and surgical care is the
administration and monitoring of anesthesia. Whether general, local, spinal, or
epidural, anesthesia requires great skill and contains great risks for the
patient. Anesthesiologists and certified nurse anesthetics (CRNA) must
comply with the standard of care and when there are deviations from the
standards of care it is medical malpractice. Baron & Herskowitz has
extensive experience in pursuing claims of anesthesia mistakes and injuries
which have injured our clients.