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Flawed Medical Malpractice Legislation Can Have Deadly Consequences

Perspectives > > Second Opinions– A present claim in Florida uses a worrying case research study

by Aron Solomon, JD March 1, 2024

Solomon is a legal expert and legal editor.

“It becomes your worst problem.”

Those were the words of Stephanie Liskowitz, the better half of John Liskowitz, who passed away last March. John, who divided his time in between New Jersey and Florida, had a medical treatment in Florida and never ever made it home.

Stephanie and Ashley Liskowitz, the child of John and Stephanie, submitted a claim just recently, on what would have been John’s 59th birthday, in the Hillsborough County, Florida court. The fit names as accuseds: Gary Clayman, MD; Norman Clayman Endocrine Institute, LLC; Dung-Anh Ung, MD; and PM West Florida Division. All celebrations have actually confessed liability of the claims throughout the pre-suit duration, according to Tim Groves, JD, the legal representative representing the Liskowitz household.

The fit declares that the offenders were irresponsible and triggered the wrongful death of John, which Clayman incorrectly represented his experience and lawsuits history. The truths declared in the claim’s grievance go far beyond that, exposing the scope of the headache this should have been for John, and should stay to this day for his household.

According to the grievance, John went through surgical treatment for thyroidectomy on March 1, 2023. On March 2, after the effective elimination of the thyroid, swelling was seen in his throat at 3:50 a.m. At 4:06 a.m., a fast action was required swelling at the cut website. Clayman was alerted and notified the personnel to call the on-call cosmetic surgeon Nate Walsh, MD. Walsh was called 3 times and did not react.

Due to the absence of action, Clayman was gotten in touch with and reached John’s bedside at 5:17 a.m. From 3:50 a.m. to 5:35 a.m.– 1 hour and 45 minutes– there was no effort to safeguard John’s air passage or decompress the hematoma. At 5:35 a.m., John was required to the operating space for elimination of the hematoma. There were 2 not successful efforts to intubate. In the very first effort, television was poorly put John’s esophagus rather of his windpipe. A 2nd effort to develop a respiratory tract was likewise not successful. In the 3rd effort to gain access to John’s air passage, he was effectively trached and aerated.

The anesthesia records referenced in the problem show that John had no respiration at 5:30 a.m. and 5:45 a.m. His O2 saturation at 5:30 a.m. was 5. His O2 saturation at 5:45 a.m. was listed below the limit of the pulse oximeter. By the time the hematoma was effectively gotten rid of, John had actually suffered irreparable brain injury.

John Liskowitz passed away on March 11, 2023.

Who Is Liable?

A Florida statute, Fls. 766.207, “Voluntary Binding Arbitration of Medical Negligence Claims,” develops a loophole that probably discharges doctor who dedicate malpractice.

That’s an undoubtedly severe declaration. Let’s unload why it’s intriguing however precise in particular cases.

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