|
Medical Malpractice
Medical Malpractice cases involve claims against physicians and hospitals for negligently causing harm to a patient. Negligence is the failure to use reasonable care which causes harm to a person. These cases are very difficult and expensive to pursue. Florida law is very restictive in allowing these claims to be made. Generally speaking, the harm to the patient would have to be permanent and substantial or causing death. We have tried many of these cases over the last 30 years. Medication errors in a hospital setting or errors in prescribing the wrong medications are covered by medical malpractice laws. A bad outcome does not always mean negligence caused the harm. We have potential medical malpractice cases evaluated by board certified specialists.
Defective Products
If a product of any kind causes injury or death a claim for a defective product may be possible. In order to show the product was defective, one would have to establish that the defect in the product was the result of negligent design or fabrication and that defect then caused the injury or death. At KERM&T, we consult the best engineers we can find to help us evaluate defective product cases. These cases are very expensive to prosecute, yet we have tried many of these cases to verdict. Attorney William Rankin is the firm's product defect specialist.
Nursing Home & Assisted Living Facilities (ALF) Abuse
In cases where the resident was abused or neglected and received an injury, or a death has been caused, an action can be brought by a member of the family or the person harmed against the facility where the person resided or was treated. These cases are not considered medical malpractice cases and are governed by simple negligence law.
Drugstore Medication Errors
With the development of chain drug stores, the local pharmacist who personally knows his patients, is a thing of the past. These chain pharmacies have gained popularity because they offer lower prices and depend on volume of drugs sold and customers served. This effiency has a downside -- medication errors have dramatically increased. These errors can and do cause injury and/or death. If a pharmacist is negligent in filling a prescription with either the wrong medication or the wrong dosage of the correct medication, the pharmacy could be liable for the harm that resulted. These cases are not governed by medical malpractice laws but are based on simple negligence law. |
|
