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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 headÊand neck, theÊnerves of the baby's brachial plexus andÊdystoc shoulder becomes stretched to the point of tearing. Our firm has handled numerous cases involving brachial plexus injuries.

Misdiagnosis:
It is important that withÊtoday'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,Êif the diagnosis is wrong then the doctor has fallen below anÊacceptedÊstandard 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,Êand perforationsÊfollowing surgical procedures. Baron & Herskowitz has extensive experience in the pursuit of medical negligence claims basedÊupon 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. 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.