Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
Nationwide Firm
786-401-4706
Injury, Immigration and Business Attorneys
Aggressive Advocacy and Exceptional Civil Litigation Success

Florida man receives compensation for malpractice

A Florida jury believed that a 2008 anesthesia error left a young Florida father in a permanent vegetative state, and in May 2013, the jury awarded the man $23.57 million for past and anticipated medical expenses and $5 million for pain and suffering. Each of the man's young children was also awarded $5 million.

The father had undergone a procedure called manipulation under anesthesia, which is designed to break up scar tissue around a joint so that the patient will regain full range of motion in that joint. The patient is put under general anesthesia because the procedure is extremely painful. The case before the jury contained two elements of medical malpractice. First, manipulation under anesthesia is a controversial procedure. Many insurance companies refuse to reimburse for it on the grounds that it is not medically necessary in many situations and is an investigational treatment at best in others. The Florida man's lawyers maintained that the procedure was unnecessary in his case. The man did not meet the criteria for the operation. Unnecessary surgery that results in an injury to the patient constitutes medical malpractice.

Second, the anesthesiologist monitoring the man during the procedure failed to pick up on warning signs that he was not receiving sufficient amounts of oxygen. His attorneys demonstrated that their client went without oxygen for five minutes. Brain cells begin to die when the brain is deprived of oxygen for four or more minutes. In this man's case, anoxic brain damage was complicated by a subsequent cardiac arrest and by an underlying diagnosis of diabetes. By failing to monitor the man, the anesthesiologist was operating in violation of standards for professional behavior.

The man's two physicians were found negligent by the standard of "clear and convincing evidence," a higher standard of proof than the "greater weight of evidence" standard more commonly evoked in civil litigation. Residents of Florida who face similar situations may find it helpful to speak with attorneys who may explain their rights and option and recommend courses of action.

Source: South Florida Times, "JURY HITS 2 DOCTORS WITH $38.5M IN MEDICAL NEGLIGENCE VERDICT", Mohamed Hamaludin, May 23, 2013

No Comments

Leave a comment
Comment Information
Kurzban's Immigration Law Sourcebook

We Literally Wrote The Book On Immigration Law

Our firm is a recognized leader in immigration law and litigation. We handle the spectrum from family and employment-based visas to deportation defense and immigration appeals. Founding partner Ira Kurzban authored the Immigration Law Sourcebook, widely used by immigration lawyers, judges and government officials as the authoritative field reference.

Aggressive Advocacy and Exceptional Civil Litigation Successes Call Our Firm at 786-401-4706 or Fill Out the Secure Form Below

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Miami Office
2650 SW 27th Avenue
2nd Floor
Miami, FL 33133

Phone: 786-401-4706
Fax: 305-444-3503
Miami Law Office Map

Jacksonville Office
10752 Deerwood Park Boulevard South
Suite 100
Jacksonville, FL 32256

Map & Directions

Jed Kurzban Of Counsel at Damon Key Leong Kupchak Hastert, A Law Corporation
1003 Bishop Street
Suite 1600
Pauahi Tower
Honolulu, HI 96813
Phone: 808-531-8031
http://www.hawaiilawyer.com

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.