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Florida medical malpractice law questioned by Supreme Court

At least five Supreme Court justices in Florida recently questioned the legality of a medical malpractice law following concerns that the privacy rights of plaintiffs may be violated by the law, an article of WUSF News reported on December 9.

Reports said the justices are trying to determine the legality of the “ex parte communications” made by lawyers who defend doctors accused of negligence in their profession. Under such a law, defense attorneys may obtain plaintiff information from attending doctors regarding treatments they have undergone. This communication would not involve the plaintiff’s legal counsel. The information gathering process, critics claimed, could compromise the privacy of the plaintiff’s medical records because it is disclosed to defense attorneys.

The West Palm Beach attorneys of Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. advocate for families whose loved ones have been victims of negligent doctors. If you are in this situation, we may be able to help you file a medical malpractice claim to help you obtain the compensation you need for recovery. Call us today at (561) 689-8180 to learn more about your options.


Hundreds of women file medical malpractice lawsuit in Florida

Over 200 women filed a lawsuit against a cosmetic surgeon in Jacksonville, Florida after their breasts became disfigured from undergoing an augmentation procedure, an article of The Florida Times-Union reported on November 29.

According to reports, evidence is being gathered against Doctors Mark and Loren Clayman after hundreds of their patients claimed their breast implant procedures were botched. The Claymans revealed the implants used on the patients’ breasts were either defective or deflated. A photo presented by the legal counsel for the plaintiffs showed there was mold in the device used in at least one of the breast implants. The Claymans presented false claims to patients, telling them the complications they experienced were part of the normal procedure.

Serious health complications can occur when medical practitioners get negligent while handling patients. However, if you or a loved one suffered from medical negligence, working with a lawyer is important. We can help you recover your losses. Discuss your situation with a West Palm Beach attorney of Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. today by calling (561) 689-8180 to learn more about your options.


Florida hospital’s violations exposed after woman files a complaint

A federal agency recently discovered several violations at a local Florida hospital after a woman filed a complaint claiming negligence resulted in the death of her son, an article of 10 News reported on August 12.

In an unexpected inspection, the Agency for Health Care Administration (AHCA) in Florida found numerous violations committed by the Florida Hospital North Pinellas. The violations discovered by the AHCA primarily related to negligent nursing staff. Jeanette Gonzalez reported the negligence after her adult son, Javier Roldan, died while receiving treatment at the facility. Roldan, who was 33 years old at the time, died at the hospital after six days while being treated for a broken leg. Gonzalez, unfortunately, cannot file a lawsuit against the hospital due to a state law that prevents family members from filing a medical malpractice claim on behalf of unmarried loved ones 25 years and older. Jeanette told reporters that she will call this injustice to the attention of the state’s lawmakers hoping to change the law.

If you or your loved one was the victim of medical malpractice while being treated at a hospital, the team at Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. in West Palm Beach may be able to represent you. We strongly believe that families who are hurt by negligent parties should receive fair compensation necessary for recovery. Call our office today at (561) 689-8180 to learn more about your options.


Miami cosmetic surgeon accused of medical malpractice

The medical license of a Miami cosmetic surgeon is threatened to be revoked after he allegedly caused serious injuries to at least four of his patients, a Miami Herald article reported on March 16.

Florida health officials are considering revoking the medical license of Doctor Osakatukei “Osak” Omulepu after possible malpractice involving four female patients in May of 2015. Two of the women claimed that they suffered various internal organ injuries and each of these four patients required hospitalization. One of the patients told reports that after spending $6,000 for cosmetic surgery, she had to pay $60,000 for her hospitalization and other treatments in order to recover. Though the four patients, whose names were withheld from the state complaint, did not disclose the medical procedure they underwent, Omulepu was known for performing cosmetic surgery procedures like the “Brazilian butt lift” and liposuction. The doctor reportedly did not have medical malpractice insurance and a “state emergency order” last month prevented him from practicing his profession. Dr. Omulepu was given 21 days to contest the charges filed against him.

The legal team of Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. in West Palm Beach represent individuals who have been injured by negligent medical practitioners. If you have been injured by a medical mistake, we may be able to help you get the financial assistance you need to cover expensive hospitalizations. Call our office today at (561) 689-8180 to begin taking legal action against negligent parties.


Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., representing man accusing doctor of unnecessary heart surgery

Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A., is currently representing John Austgen in a lawsuit against Abdul Shadani, M.D., Lawnwood Medical Center, Inc. d/b/a Lawnwood Regional Medical Center & Heart Institute, HCA Holdings, Inc., and HCA, Inc., claiming that he was subject to an unnecessary pacemaker implantation. This procedure has resulted in life-changing complications for Mr. Austgen who states that prior to this procedure, he was active and able to run, and now, he has trouble walking. “I went in as a well man. I came out as an old man,” Austgen stated at a press conference.

Shockingly, Mr. Austgen’s lawsuit is not the first time that such allegations have been levied against the Lawnwood Regional Medical Center and Heart Institute and Dr. Shadani. Almost 10 years ago, a nurse working at the medical center reported concern over unnecessary cardiac procedures being performed on patients. According to internal documents that were obtained by The New York Times, HCA determined that as many as 1,200 unnecessary procedures were performed on patients without serious heart disease at the Lawnwood Medical Center and other HCA hospitals in Florida.

Additionally, the doctor who initially sparked subsequent investigations into this matter never lost his privileges at Lawnwood Regional Medical Center & Heart Institute, and continued to recommend and perform unnecessary cardiac procedures. In 2012, The New York Times ran a feature discussing a Justice Department investigation into whether or not HCA hospitals in Florida were performing unnecessary cardiac procedures on patients. In this article, they reported that an outside cardiac specialist determined that in the case of Dr. Shadani specifically, 13 out of 17 procedures performed by the doctor were problematic, including concerns about unnecessary cardiac catheterizations and multiple, needless procedures.

For a copy of the Firm’s press release, click here.


What are some common surgical errors?

Before your surgery, your surgeon should inform you of the potential complications and risks that you may experience. Every surgery is potentially dangerous due to the possibility of unforeseen complications, but dangers like surgical errors are highly preventable. Some of the most common types of surgical errors include performing a procedure on the wrong body part, nerve damage, and leaving foreign objects (such as medical devices) in the body. These serious errors can cause further injuries and illness. If you were the victim of medical malpractice due to surgical error, you may be eligible for necessary financial compensation for your extensive medical expenses. An experienced personal injury attorney with Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. may help you seek compensation for your pain and suffering caused by a negligent surgeon. Call our West Palm Beach legal team today at (561) 689-8180.


Lawyers to contest “medical-malpractice law” in Florida Supreme Court

Lawyers representing medical malpractice victims in Florida are challenging a law that they believe is violating the privacy rights of patients.

Lawyers in Escambia County recently demanded that the Supreme Court dispute the “ex parte communications” law. The 2013 law supported by medical practitioner groups allows attorneys of doctors facing lawsuits to get other medical information about their patients from their previous doctors even without their consent. The information can be obtained by defense lawyers even without the knowledge of the attorney representing the patient in filing medical malpractice claim. The appeals court in July issued a ruling in favor of the law.

When you are filing for a medical malpractice claim, it is important that you work with an experienced lawyer even when you believe that you have strong evidence to support your claim. If you are filing for medical malpractice in West Palm Beach, the lawyers of the Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. may work for you. Find out how we may possibly help you recover your loss today by calling (561) 689-8180.


Doctors commonly work while sick despite understanding risks

A recent survey revealed that many medical practitioners go to work even if they are feeling ill, despite being aware that they may be compromising the health of the patients under their care, Reuters reported on July 6.

In the research conducted by Julia Szymczak and her team, they found out that over 95 percent of medical practitioners believe that patients can be negatively affected when treated by sick doctors and nurses. However, 83 percent of the same respondents admitted to going to work in the past year while feeling ill. Doctors more than other workers were prone to this behavior. One Houston Doctor who co-wrote a response to this study, Dr. Jeffrey Starke, said that most hospitals have policies to screen visitors for illnesses, but a similar system is not in place for medical workers.

A sick doctor may expose you to a harmful illness, or may be more likely to make careless mistakes. The lawyers of Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A., in West Palm Beach believe that medical workers and hospitals should be held fully accountable when negligence results in a worsened medical condition or a harmful mistake. If this has happened to you, enlist the help of a medical malpractice attorney by calling (561) 689-8180 today.

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