Tag Archives: health law attorneys

Orlando Health Attorney Appointed to Health Law Certification Committee

On April 9, 2012, Gwynne A. Young, President-Elect of The Florida Bar, announced that George F. Indest III, President and Managing Partner of The Health Law Firm, has been appointed to serve on The Florida Bar’s Health Law Certification Committee. Mr. Indest will begin his three year term on July 1, 2012.

The Florida Bar’s Health Law Certification Committee is responsible for overseeing the board certification process for all health law attorneys. Appointments to this standing committee are made by The Florida Bar’s President-Elect. There are only 116 attorneys certified by The Florida Bar in the legal specialty of health law.

Mr. Indest is a well-known attorney specializing in the representation of health professionals and health care providers throughout Florida. He is Board Certified by The Florida Bar in Health Law. His practice encompasses all aspects of health law, including defense of professional licensing cases, representation in investigations, defense in credentialing matters, Medicare and Medicaid audits, formation of corporations and limited liability companies (LLCs), Board of Medicine hearings, peer review actions, clinical privileges hearings, representation of medical students, and other matters of health care law and legal representation of health care professionals.

In 1999 Mr. Indest started The Health Law Firm, which has three Florida offices in Altamonte Springs, Orlando, and Pensacola. A former Navy JAG Corps attorney, he has practiced law for over 30 years.

For more information about The Health Law Firm visit http://www.thehealthlawfirm.com.

-30-

About The Health Law Firm
The Health Law Firm was established in 1999, bringing together a team of experienced attorneys with decades of work in the legal and healthcare fields. With offices in Altamonte Springs, Orlando and Pensacola, Florida, the firm represents healthcare providers, including hospitals, nursing homes, physicians, dentists, mental health professionals and other licensed health professionals and entities. For more information about The Health Law Firm, visit http://www.thehealthlawfirm.com. 
For additional information contact:
Kara Large
klarge@TheHealthLawFirm.com
Phone: (407) 331-6620, ext. 219
Advertisements

Florida “wrongful births” leave health care providers liable

According to Institute of Medicine statistics, approximately 98,000 Americans die each year as a result of medical errors that could have been prevented. This is an example of ‘wrongful death,’ a term recognizable to many. However, the term ‘wrongful birth’ may not provide the same familiarity, but is causing just as much commotion in the legal arena.

In 2007, the Tampa Tribune provided details of such a case involving a University of South Florida doctor. This doctor told Daniel and Amara Estrada to go ahead with a second pregnancy, despite the fact that their first child had significant birth defects. However, the doctor did not provide all of the facts needed by the Estrada’s to make a decision about having a second child.

If this doctor properly diagnosed the first child with Smith-Lemli-Opitz syndrome (a syndrome with which the doctor was familiar), the Estrada’s would have known that a 25% chance existed that their second child would have this same genetic disorder, and a test could have been done during the pregnancy to find out for sure. Had they known that their second child had Smith-Lemli-Optiz syndrome, the Estrada’s would have terminated the pregnancy.

According to the Tampa Tribune, the “jury determined the Estradas deserve $23.5 million for lifetime care of their second child, born with the same genetic disorder as their first. The award includes payment for the pain and suffering caused by the doctor’s misdiagnosis.”

A similar case just resolved in September in Palm Beach County. In this incident, a boy was born without arms and with only one leg, but his parents had no prior knowledge that this would occur, despite regular prenatal care and sonograms.

According to Miami Injury Lawyer Blawg, the jury found that the doctor and ultrasound technician involved with this pregnancy fell below the standard of care by negligently administering a sonogram. Had they not been negligent, they would have discovered the abnormalities. If the parents were made aware of these abnormalities, they would have terminated the pregnancy. The parents were awarded $4.5 million to help them buy prostheses, wheelchairs and other medical services needed to aid in their child’s care.

Both of these lawsuits deal with a controversial matter: the right of a parent to sue on behalf of children with disabilities, claiming that they wouldn’t have had the child had they known the extent of the child’s disability. Florida is one of approximately 25 states that allow for these ‘wrongful birth’ suits, which present sensitive issues for jurors.

Health care providers in Florida need to be aware of the protections provided for parents in similar cases and strive to go above and beyond the standard of care. To learn more about how to protect yourself in these matters, visit http://www.thehealthlawfirm.com/.