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Palm Beach Hospital Sued for Medical Malpractice

Palm Beach Hospital Sued for Medical MalpracticeA Palm Beach hospital is being sued for medical malpractice related to the preventable death of a 25-year-old man.  Josh Dziedic passed away at Palms West Hospital on August 22, 2016 after what should have been a routine IV removal, which resulted in a venous air embolism.  The lawsuit alleges a veteran nurse at the hospital failed to take appropriate precautions when removing a central venous catheter, including properly positioning the patient’s body and instructing him in proper breathing techniques.

Dziedic was in the hospital recovering from an opioid overdose.  His family was particularly shocked at his sudden passing because at the time of his death, he appeared to be on the mend.  The lawsuit claims that not only did the nurse who removed the catheter fail to take appropriate safety precautions, but that the hospital attempted to cover up the incident by blaming the death on a false diagnosis of ‘broken heart syndrome,’ which was a result of Dziedic’s opioid addiction.

The lawsuit also claims that the hospital was further negligent in failing to properly report the cause of Dziedic’s death to authorities.  In a review conducted by the Florida Agency for Health Care Administration (AHCA), the agency concluded that Palms West failed to report the venous air embolism to the state, failed to document Dziedic’s death as a medical error, and failed to include the incident on the hospital’s annual report.

The hospital continues to deny the allegations, despite the AHCA report findings, the acknowledgement of the embolism in the doctor’s note of the incident, and the admission of several nurses that protocols were not followed.

What Is a Venous Air Embolism? 

Venous air embolisms, also known as vascular air embolisms, occur when air is injected into a patient’s venous system. The pocket of air subsequently disrupts the flow of blood from the heart through the veins.  The symptoms of venous air embolism vary based on the amount of air that is injected into the veins, and, while not always fatal, can lead to serious complications like cardiovascular collapse.

These embolisms are a rare occurrence, with a vast majority of incidents occurring after certain medical procedures.  The procedure at highest risk of embolism is the removal of a central venous catheter, which the lawsuit alleges caused Dziedic’s death.  Central venous catheters are inserted into veins and arteries deep within a patient’s body to administer medications over a long period of time.  Changes in pressure caused by the improper removal of a catheter, combined with pressure changes that occur with respiration, can introduce lethal amounts of air into the vascular system.

It is estimated that 0.2% to 1% of patients who undergo this procedure will suffer from an embolism.  If identified early, venous air embolisms are highly treatable. 

Injured By a Hospital? Contact a Medical Malpractice Lawyer 

Dziedic’s mother told the New Times that she may have been willing to forgive the hospital’s mistake, had it not been for staff attempts to shift guilt onto the family for their role in his supposed ‘broken heart syndrome.

In addition to the negligence staff demonstrated in failing to follow procedure, false diagnoses by medical professionals are irresponsible and extremely harmful.  In addition to allegations of medical malpractice, Dziedic’s family is suing for damages related to conspiracy and infliction of emotional distress.

Death and injury due to negligent hospital staff is an unfortunate, yet unfortunately common occurrence.  If you or a loved one has been injured due to hospital negligence, you may be entitled to monetary compensation under Florida Law.  Contact the Law Team at Fetterman & Associates today to speak with one of our medical malpractice experts at (561) 693-3872.

Common Burn Accidents

According to the American Burn Association, approximately 450,000 patients receive treatment in emergency rooms and hospitals for burns year after year in the United States. This does not include the burn injuries that are treated in hospitals, private clinics and medical offices, or government run community health centers. According to reports, out of these 450,000 burn injuries, about 3,400 result in deaths each year.

Common Burn Accidents

According to the Centers for Disease Control and Prevention (CDC), burn accidents involving fires are the third leading cause of death in the home across the US.

Where Do Most Burn Accidents Occur?

The large majority of burn accidents occur in the homes of victims. People also sustain burn injuries while at work, in car accidents, while playing a sport or participating in other recreational activities, or other miscellaneous places.

In short, burn injuries can take place in almost any place, which is why it is important to be aware of the common risks or causes for burns – it is the best way to ensure that you avoid this type of injury and the pain associated with it.

Types of Burn Injuries

There are four types of burn injuries:

  1. First-degree burns: This type of burn affects the skin’s outermost layer, generally resulting in pain, redness, and discomfort. First degree burns can be treated with OTC remedies, such as topical analgesics, antiseptic ointments, and bandages.
  2. Second-degree burns: This type of burn is more serious, extending into the underlying layer of skin and may cause blisters, redness, hardening or stiffening of muscles, tendons and other tissue and severe discomfort. Second-degree burns take about 3 to 8 weeks to heal.
  3. Third-degree burns: This type of burn extends through all layers of the skin, or the entire dermis, and into the fatty layer underneath. This can potentially destroy the nerves and leave severe scars. Third-degree burns are extremely painful and lead to leathery, waxy, white skin. Victims of third-degree burns will need immediate medical attention as well as pain management, like a narcotic pain medication.
  4. Fourth-degree burns: Such burns penetrate into the muscle and bone, past the skin and fat. They leave permanent damage to the muscles, nerves, ligaments, and tendons. Fourth-degree burns often require the affected limb to be amputated.

Common Causes of Burn Accidents

When people think of burn injuries, they usually think of fire. However, there are a number of different ways that burns can occur, many of which have nothing to do with flames of any type. Some of the most common causes of burn injuries include the following:

  • Scalding from hot liquid or steam
  • Electrical burns
  • Chemical burns as a result of contact with acid, lye, or other toxic substances
  • Ultraviolet burns caused by tanning lamps or beds
  • Radiation burns caused by x-ray or cancer therapy
  • Contact with hot metal, glass or other surfaces or objects
  • Fire or flame

All of the types of burns have the potential to be extremely severe and cause damage to multiple layers of skin, nerves, muscle or other tissues, and in some cases, they can even expose the bone. Burn injuries may require surgeries, skin grafts, and more to try and replace the damaged tissue.

A large number of burn victims suffer permanent disfigurement and scarring. Burn injuries also often cause psychological damage in victims as a result of the severe pain and scarring that comes with these injuries.

Common Medical Complications Caused by Burn Injuries

As mentioned earlier, burn injuries, unfortunately, can often lead to severe complications, impeding and prolonging recovery. Some of the most common medical complications resulting from burn injuries include the following:

  • Septicemia and bacteremia, or the presence of bacteria in the bloodstream
  • Arrhythmia, or irregular heartbeat
  • Systemic infections/blood infections
  • Kidney, or renal, failure
  • Skin infection, or cellulitis
  • Respiratory failure
  • Urinary tract infection, or UTI
  • Pneumonia
  • Infection of the wound

Smoke Inhalation

In addition to injuries, burn accidents can involve smoke inhalation. When you inhale too much carbon dioxide or other potentially harmful gases, it can result in damage to the respiratory system. With heavy smoke inhalation, your airways can get blocked and your lungs can get damaged. It can also cause suffocation, even if you are not directly exposed to burns. Many people die each year as a result of asphyxiation in house fires.

Burn Accidents and Personal Injury Claims

When a burn accident is caused by another person’s negligence, carelessness, or recklessness, the injured party can take legal action against the responsible party. Burn injuries can have a devastating impact on a victim’s life – permanent disfigurement, or scarring, disability or psychological damage.

Because of this, every victim has the right to file a personal injury claim or lawsuit against the party at fault and recover damages, such as medical expenses, future medical costs, rehabilitation expenses, pain and suffering, emotional distress, loss of income, loss of earning capacity, and more.

With burn accidents, it is critical to have a robust and prudent personal injury attorney to help you file the claim or suit. They are well versed in the process and will know exactly what you need to have a successful case. They can provide the expertise as well as poignant witnesses to prove that your burn injuries were caused by another person’s negligence.

Your legal pro will help determine the worth of your burn injury case and ensure that you recover the maximum compensation you are entitled to by law. With an experienced burn accident injury legal counselor, your chances of recovering damages increase significantly.

We Know How to Deal With Burn Accidents

If you or a loved one has been severely injured in a burn accident, you should contact a burn injury attorney for assistance. Your legal professional will review your case and make sure that your rights are protected by taking the best legal course of action for your case. Call the legal experts at Fetterman & Associates for burn accidents at 561-845-2510 today for a free case evaluation.

Additional Reading:

How to Handle a Burn Injury

How much Can You Receive for a Burn Injury?

3 Ways a Patient Can Avoid Medical Malpractice

Patients can help avoid malpractice by becoming their own advocates and learning everything they can about their specific medical conditions, researching all prescribed medications and other treatments, and investigating doctors before deciding on which one is the best fit for them.

medical malpractice

Understand that medical malpractice is not your fault. A health care professional’s negligence, whether by act or omission, is his own responsibility.

However, it’s still important to be your own advocate by educating yourself about your medical condition, fully researching and understanding your medications and other treatments, and “interviewing” doctors before making a final decision.

1. Understand Your Medical Condition

First, educate yourself about your specific medical condition. Look for scholarly documents on your specific illness or disorder at your local library or on reputable medical websites.

Plus, there are many advocacy and even government organizations out there that provide educational literature about specific conditions. For example, if you’ve been diagnosed with cancer, you’d greatly benefit from reaching out to the American Cancer Society for information about your specific kind of cancer and the latest research on treatment options.

2. Research Your Medications and Other Treatments

Second, research any medications and other treatments you’re prescribed.

Don’t just blindly swallow a pill; read up on its side effects and any other potential risks as well as any clinical trials and studies you can find. Talk with your doctor about all possible options and work with him or her to make the best possible decision for your condition.

Also Read : Top 10 Things You Want to Know About Medical Malpractice Cases

3. Investigate Every Doctor Beforehand

Third, instead of making a doctor’s appointment with the first website or number you see listed – or just accepting the specialist referral your primary care physician recommends – do some research.

  • Talk to family members, friends, and even co-workers about doctors they trust for similar conditions. What were there experiences? Did they receive excellent treatment? Did they feel neglected or as if their appointments were rushed and not a priority? What about malpractice suits – did any of them experience one? Of course, just because one person had a bad experience with a particular doctor doesn’t mean you will, too, but this kind of research is a good jumping off point.
  • Research the doctor’s credentials. Ask about his or her license and whether he or she is board-certified. Find out where he or she went to school and where he or she completed residency. Also ask how long the doctor has been practicing. You don’t necessarily want to discriminate against one doctor for not being in practice as long as another, but when all your research comes together, that might play a deciding role.
  • Schedule a “trial appointment” with the doctor. Sure, it’ll be a regular appointment or consultation to your doctor, but you can treat it as an interview. Jot down any questions and concerns you have and bring them with you. How competent was the doctor in answering them? Did you feel comfortable with his or her answers? Did you feel comfortable overall during the appointment?

Furthermore, don’t be afraid to make appointments with several different doctors. You don’t have to commit to one just because your best friend said he or she was the best, or because you had an appointment with him or her. Spend time investigating several doctors before making your decision. This applies to seeking second opinions, too.

Are You the Victim of Medical Malpractice?

If you’re in the West Palm Beach or Port St. Lucie area and believe you’re the victim of a medical malpractice situation, contact the law offices of Fetterman & Associates, PA right away.

Call 561-845-2510 or contact us online for a free consultation regarding your specific situation and how we’ll move forward with your medical malpractice case.

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Top 10 Things You Want to Know About Medical Malpractice Cases

Medical Malpractice CasesAccording to the Journal of the American Medical Association, medical negligence is currently the third leading cause of death in the United States, with cancer and heart disease taking up the first two.

As a patient, you can do things to avoid becoming part of this increasing statistic. And, if the unfortunate event does occur to you or a loved one, you still have options for compensation.
10 Things You Need to Know About Medical Malpractice:

1. What is medical malpractice? It is when a healthcare provider does not issue the standard level of care, such as diagnosing a disease or acting negligently.

2. How is a case determined to be medical malpractice? Malpractice claims happen when a healthcare provider’s negligence causes injury or death. But, bad medical care or outcomes isn’t always medical malpractice. In most cases, medical malpractice is only sought after if a person encounters injuries or damages that were not part of their condition and could have been preventable.

3. What should I do if I think I have a medical malpractice case? If you were the victim of a healthcare provider’s negligence, then you may be entitled to a proper settlement. You will want to speak with a medical malpractice attorney first to see if you have a case.

4. How can I lessen the chances for medical errors? Understand your health condition and the medications you should be taking. Before taking a new prescription, research it. If you are visiting a new physician, then look into his or her reputation, and only visit physicians with solid track records. Never be afraid to ask questions.

5. Are there limitations to a medical malpractice cases? You may be limited on the damages you can collect, but this is based on your case and the negligence. If the injuries or damages were not severe, then you would not collect as much as a person who was permanently disabled.

6. What procedures are more likely to result in malpractice? While there is no set list, these are often surgical (more specifically cosmetic surgery) procedures.

7. Do I sue the doctor or hospital? Sometimes you may have a clear picture of who was negligent, while other times it is not so clear. Your personal injury attorney can decide whether or not it is the physician, staff, hospital or a combination of the three.

8. What about faulty medical products? Sometimes the physician operates as they should, but a malfunctioning medical device has caused your injuries. In this case, it would likely fall under product liability rather than medical malpractice.

9. Is there a statute of limitations? As with all cases, there is a statute of limitations on how long you have to file; therefore, you should speak with a personal injury attorney right away.

10. Do I have to file a lawsuit? Sometimes you don’t have to file a lawsuit. There are instances where a physician will settle out of court, but still give you a settlement for your injuries or damages.

Injured in a Medical Procedure? Call the Attorneys at Fetterman & Associates, PA

If you or a loved one was injured because of a medical malpractice situation, then you need an expert by your side. Contact West Palm Beach Medical Malpractice Lawyers at Fetterman & Associates, PA today. We offer free consultations, so you have nothing to lose.

Medical Malpractice

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Do I Need a Medical Malpractice Attorney?

Medical Malpractice AttorneyA medical professional has one job: to make you feel better. While you trust your medical care provider, there are times things can go wrong. For example, look at the Joan Rivers case: a routine procedure led to her death.

Reckless care provided by a physician can result in a medical malpractice case. But, not all physician errors are something you can sue over; therefore, it is best to speak to medical malpractice attorney.

When is the right time to call an attorney? Contact a medical malpractice attorney if:

Errors Occurred During Your Surgery

Surgeries are not always successful – and an unsuccessful surgery does not always qualify as medical malpractice. But, if the surgeon performed the surgery using unsafe precautions or incorrectly, you may be able to sue them. This can include instances where the surgeon operated on the wrong part of the body.

Medication and Prescription Errors

Hospitalizations in the United States often occur because of prescription medication errors. If you were prescribed an unsafe dosage or your physician prescribed something that directly interacts with life-saving medication you are taking, your attorney may be able to sue them for their actions.

Privacy Violations

Medical practitioners and their staff are required to keep your personal information safe. If they shared medical records or their systems were electronically breached, you will want to consult an attorney for that privacy violation.

Death Due to a Failed Medical Procedure

If a loved one passes away because of the negligence of a practitioner during a medical procedure, you need an attorney. Keep in mind, however, that the physician must have acted negligent to be sued. A family member who dies while under a physician’s care, and the physician did everything within their abilities, is not worthy of a lawsuit.

Delivery or Prenatal Care Errors

If your child dies or is born with defects because of your physician’s failure to act, then you can consult a medical malpractice attorney. For example, your physician did not do the regular testing to ensure you had a healthy baby; such as the Down Syndrome Test.

Speak to a Personal Injury Attorney

Whether you or a loved one was injured because of the actions of your healthcare provider, you need an attorney. Contact West Palm Beach personal injury attorney at Fetterman & Associates, PA for a free consultation. We will evaluate your case and can tell you right away if it qualifies for medical malpractice.

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3 Shockingly Common Types of Medical Malpractice

You go to your doctor or the hospital because you are sick or injured, and you put your trust into the care of medical professionals. While to err is human, there are instances where medical mistakes can lead to serious injury or worse, death. According to NPR, medical malpractice errors are now the third-leading cause of deaths in the United States, making it even more important that consumers are aware of these errors.


Medicine is a diagnostic process, and one that requires a physician to use everything at their disposal to come to the right conclusion. And, doctors are allowed a little room for misdiagnosis. After all, human beings are not computers that can be downloaded and diagnosed quickly. But, if a physician fails to act or fails to take proper steps during the diagnostic process, they could be held liable for malpractice.

Types of Medical Malpractice

For example, failing to consider the patient’s real diagnosis or not using additional tests to rule out other conditions are diagnostic issues that can lead to a medical malpractice lawsuit.

A misdiagnosis is serious. Not only can a patient go several months without proper treatment, but they could be hurt further by receiving an unnecessary treatment. And, as their condition worsens (due to a misdiagnosis), the damage could be worse.

Prescription and Medication Errors

Prescription errors come in many forms, but they are definitely no simple mistake. Prescribing the wrong medication to a patient could be fatal and even prescribing the right medication, when mixed with other medications, could cause serious medical complications.

It is not just doctors who prescribe or administer the wrong medications; pharmacies can also be at fault. But, these types of errors may be considered medical malpractice, especially if the responsible party did not:

  • Verify the right medication was distributed;
  • Make sure the patient was not taking any other medications that could affect the drug prescribed;
  • Verify the patient did not have an underlying allergy or condition;
  • Take the time to properly diagnose before administering medication.

There are some instances where prescription errors are from the drug manufacturers too, such as the infamous civil lawsuits against pharmaceutical companies in California this year.

Surgical Malpractice

The operating table is an unknown territory for even the most skilled surgeons. After all, things can go wrong and that is not necessarily medical malpractice. But, there are times things can be prevented, such as the issue with Joan Rivers. In some cases, surgeons may accidentally operate on the wrong patient or perform a critical error on the right patient, such as removing the wrong leg. Other surgical malpractice mistakes can include, but are not limited to:

  • Leaving objects and/or medical instruments in the body
  • Infections due to inappropriate sanitizing
  • Patient falling from the table while unconscious

These mistakes can cause long-term, irreversible damage and some instances, death.

Call West Palm Beach Lawyer if You Have a Case for Medical Malpractice?

While it may seem difficult to prove a physician was negligent, if a doctor or surgeon’s negligence lead to injury or death, you may qualify for a medical malpractice claim. Medical malpractice mistakes leave long-term damage for patients and their loved ones. But, medical malpractice lawyer West Palm Beach can help you receive the settlement you deserve to help cope with the additional medical care, losses, and pain and suffering.

Contact the lawteam of malpractice attorneys at Fetterman & Associates, PA today for a free case evaluation. Schedule your appointment now by calling 561-845-2510.

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Caps on Medical Malpractice Damages Eliminated in Florida

The state of Florida passed a cap on medical malpractice damages years ago due to the efforts of lobbyists appointed by doctors and insurance companies. While this is certainly beneficial for these groups, particularly in the case of truly unjust medical malpractice claims, it shortchanges victims and the families of victims who have valid medical malpractice claims.

These caps particularly pertain to non-economic damages—characteristics of an injury that can not be easily quantified in dollars, such as enjoyment of life, pain, mental anguish, suffering and other characteristics. Yes, these are hard to translate into specific dollar amounts, but it doesn’t mean that they are any less real than an actual quantifiable injury. The cap for medical malpractice non-economic damages was set at $500,000 to $1M, meaning even if a jury awards more than this amount it will be reduced.

Florida Supreme Court Eliminates Cap

Caps on Medical Malpractice Damages Eliminated in FloridaFortunately this cap was eliminated. This cap was in place for nine years between 2005 and 2014 before it was challenged by a malpractice victim. The legal representation of this victim of course claimed that the cap was unconstitutional. The court decided that the cap was indeed unconstitutional because it violated the equal protection clause, which states that two classes of people cannot be discriminated against under non-rational distinctions.

The particular problem within this area of contention for the court was that the cap was aggregate, meaning it had to be shared amongst every plaintiff in a case. This watered down the payout to potentially negligible amounts, and certainly not enough in many cases to help victims with their non-economic losses.

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No Medical Malpractice Crisis in Florida

The legislature asserted that a crisis existed in Florida regarding medical malpractice, made up of lawsuits decided by juries too strongly affected by emotion. In fact, juries did not even decide many of the $1M+ cases because they were settled.

Other ramifications of the so-called medical malpractice crisis included insurance premium increases, but these were found by the court to be related to standard economic fluctuations within the insurance industry, not enormous payouts to plaintiffs. One justification for the caps on claims was that they reduced premiums, which helped doctors deal with the supposed crisis. However, these savings were not required to doctors, so the idea of this being a solution was not concrete.

Contact the West Palm Beach Personal Injury Lawyers at Fetterman & Associates, PA

Have you or a loved one been involved in an incidence of medical malpractice? Citizens should be able to trust their doctors and health care providers literally with their lives. Malpractice simply has no other conclusion except restitution. You deserve justice, and we are happy to speak with you about your case. Call us now for a free consultation at 561-983-4584.

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How The Affordable Care Act Affects Medical Malpractice in the Future

How will The Affordable Care Act affect medical malpractice in the future?  This is an important question because medical malpractice is a huge issue in the United States. The Patient Protection & Affordable Care Act essentially excluded medical malpractice from its legislation. First of all, what is The Act? It accomplishes several key goals:

● Pair all uninsured citizens with health insurance

● Eliminate the denial of insurance for specific individuals

● Prevent providers from charging more for pre-existing conditions

● Create more affordable coverage for, in particular, individuals and families with low incomes

● Prompt companies to provide employees health insurance

● Eliminate deductibles and co-pays with certain forms of healthcare

This Act is not taking effect all at once, rather being put into place slowly so that the healthcare industry and citizens can adapt properly. Medical malpractice law is at the forefront of consideration when it comes to how the effects of this Act will change the landscape of healthcare. Please consider hiring our personal injury lawyers in West Palm Beach today to right the wrong perpetrated against you.

Senate & Medical Malpractice

Medical Malpractice in the FutureThe Senate has identified important points it feels relate to medical malpractice and the Act. Amongst these are the opportunity to better address problems associated with liability insurance and medical malpractice; the provision of alternative solutions which improve access to liability insurance, protect the right of each citizen to file a medical malpractice claim, encourage ruling of disputes that are proper, and promote the safety of all patients. The Senate also made note of the need for Congress to consider forming a program which, in regards to medical malpractice cases, evaluates alternatives to the current civil litigation program.

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How Medical Malpractice Will Change

Any statement about The Act’s affect on medical malpractice is of course just a predication at this point, but it’s helpful knowledge nonetheless. More medical malpractice claims will be filed because 20-40 million more people will have access to health care, for example. This is one position, while some say free clinics and emergency rooms already took care of these people previously, making the claim number the same. Still others say the amount of claims will decrease because of the increase in preventative care.

Absent Solutions

Some legal analysis say that some solutions are absent from the Act, or that present solutions are otherwise limiting. For example, alternative causes of medical malpractice claims are not tackled, such as medical errors. An informed consent program has also been suggested, requiring a healthcare provider to get permission from the patient before taking any action. Some also claim that higher medical malpractice rates will result from the free-market option of the Act.

Hire Our Personal Injury Lawyers in West Palm Beach

Have you suffered due to medical malpractice, or do you know someone who has been a victim? Medical professionals are at fault all over the country each year and you deserve justice for the pain caused by those you trusted to actually improve your health. Contact The Law Team of Fetterman & Associates now.

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Sometimes the Term Medical Malpractice Doesn’t Sound Strong Enough

Example of Medical Malpractice and Negligence

Every year thousands of people are injured by the negligence of the very people who are supposed to be healing them. Some are hurt more than others. Some are hurt more than could ever be thought possible.

Once in a while a routine procedure goes so horribly wrong its jaw dropping. Johnny Lee Banks’ claim certainly belongs in that category.

Circumcision Gone Wrong

According to the suit, Mr. Banks visited the hospital for the circumcision, and instead his penis was amputated. The two doctors involved in the surgery are now being sued for professional negligence, malpractice and other acts of wrongdoing.

Doctors Deny All Claims

Term Medical MalpracticeAccording to the Miami Herald, attorneys for the defendants have filed a Motion to Dismiss, arguing that the case should be thrown out of court. They assert that no such circumcision was ever performed, let alone an operation removing all or some of the plaintiff’s penile tissue.

The lawsuit, filed this July 22, would seem to claim otherwise. Attorneys for the plaintiff stand by the claim and are seeking an indefinite amount of monetary compensation.

Earlier, spokespeople for the Hospital employing the defendant asserted that the claims were without merit. In a short statement, Baptist Health System, the parent company of the hospital, vowed to fight all counts vigorously.

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The suit has been filed in state court in neighboring Alabama. According to the facts alleged in the complaint, Banks had been visiting one doctor for treatment. After an evaluation, it was suggested by his doctor that he get a circumcision. The original condition that lead Banks to seek medical help goes unmentioned in the complaint.

Following his doctor’s advice, Banks scheduled a procedure which allegedly turned out to be a nightmare. Banks claims that his penis was removed by mistake. To make matters worse, Banks claims that after his penis was amputated, he was offered absolutely no explanation by the Hospital about what happened and why it happened.

Two doctors, Dr. Vincent Michael Bivins who performed the initial examinations and recommended the circumcision, and Dr. Alan C. Aikens who conducted the alleged amputation, are named as defendants. Additionally, Urology Centers of Alabama and Simon-Williamson Clinic, who employ the doctors, respectively, are joined as defendants. Banks’ wife Zelda Banks has joined her husband as a plaintiff.

Both doctors and their employers have remained tight lipped as allegations emerged declining opportunities to comment.

Hiring a West Palm Beach Medical Malpractice Attorney

It’s standard operation procedure for defendants to circle the wagon after a malpractice incident, whether major or minor. Bad press and potential liability influence defendants to fight every step of the way, including in the newspaper.

An experienced and seasoned firm can bring the knowledge and resources to bear for your benefit when up against a big business opponent. Discovery, investigative, and other litigation techniques have to be put into play right away and done perfectly when the stakes are high.

Should harm appear in your life when you least expect it, please contact West Palm Beach medical malpractice lawyers at Fetterman and Associates and our team of experienced attorneys immediately at 561-880-4610 for a free legal consultation.

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Lawsuits Commence Against Painkiller Manufacturers

The Counties of Orange and Santa Barbara California have filed lawsuits against major pharmaceutical companies. The civil suits, brought on behalf of the entire state of California, allege that prescription drug makers are guilty of fraudulent advertising that contributes to the state’s, as well as the nation’s, problem with prescription drug addiction.

According to the Miami Herald, the complaints base their cause for damages on false advertising, public nuisance, and unfair competition. The five defendant corporations are as follows: Johnson & Johnson’s Janssen Pharmaceuticals, Purdue Pharma, Actavis, Endo Health Solutions Inc., and Teva Pharmaceutical Industries’ Cephalon Inc.

Lawsuits Commence Against Painkiller ManufacturersThe legal theory relied on by the plaintiffs has parallels to cases brought against tobacco companies in decades past. Essentially, the suits allege that public relations campaigns and advertising cast the products in a false light by downplaying the hazards associated with painkiller use in order to increase the overall sales of opiate based drugs.

The plaintiffs seek the power of the court to enjoin future marketing campaigns from airing and to order financial compensation for damages to individual patients and to public health in general.


Misuse of Epidemic Proportions

Millions of Americans use the products involved at the heart of these lawsuits. In fact, the lawsuit describes the opioid class of medications as being the most prescribed nationwide. What was once rarely used has now become, in part by publicity generated by manufacturers, more widely used than blood pressure medications, anti-anxiety pills, or cholesterol drugs.

However, the habit forming characteristics can make them more dangerous than the problem they were originally prescribed to treat. The Centers for Disease Control and Prevention statistics illustrate the magnitude of the crisis. In 2010 alone, opioid painkillers claimed the lives of over 16,000 Americans. Deaths caused by cocaine and heroin combined fall short of that number.

Overdoses, both lethal and non-lethal, sap public resources and take up emergency room beds costing taxpayers large amounts annually. Additionally, increases in medical and insurance costs as a whole are also being attributed to the opioid misuse epidemic.

Not the First Time

Plaintiffs point to past lawsuits as not being sufficient deterrents to the pharmaceutical industry. Both criminal and civil suits were  brought in attempt to end the same conduct being presently alleged. Settlements were reached in an effort to curb overproduction of drugs, like Oxycontin, by establishing oversight procedures, but the issue persists. A part of the settlement required manufacturers to formally take responsibility for the inaccurate public display of their wares.

Plaintiffs say that the lawsuit cannot be simply about money, as past settlements were not effective. A settlement reached with the United States Department of Justice in recent years included a payment of 634 million dollars by drug makers. However, a culture of misrepresentation survived and must be eliminated according to plaintiffs.

Medical Malpractice Lawyers

If you or a loved one has been injured after being prescribed painkilling medications, please contact Fetterman and Associates and our team of experienced medical malpractice attorneys immediately at 561-845-2510 for a free legal consultation.

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