Here in Miami, a lot of people were very excited that Serena Williams would be staging her tennis comeback here, later this month. Serena was scheduled to appear at the Sony Ericsson Open (March 21 - April 3, 2011) where she was ranking no. 12, behind her sister Venus (ranked no. 6).
That's not going to happen now that Serena Williams is recovering from emergency, life-threatening surgery, over in Los Angeles.
Serena Williams Suffered a Pulmonary Embolism
Proving that pulmonary embolisms can happen to anyone, this world-class athlete was discovered to have a blood clot in her lung while doctors were checking her recovering foot injury (she had cut her foot on glass several months ago, in a German restaurant).
Serena Williams won Wimbledon last year for the fourth time, but she shares the same life experience as many travelers on long airline flights, those recovering from surgery (as she was), and others who for various reasons sit or lie for long periods of time without moving their legs.
Pulmonary Embolisms are a Common Basis for Medical Malpractice Lawsuits
Pulmonary embolism involves a blood clot blocking the arteries in the lungs, and in most instances, these blood clots have formed and traveled from the legs. Pulmonary embolism is sneaky: its victims appear healthy; however, they will usually start experiencing sudden shortness of breath along with chest pain and they will begin coughing -- sometimes that cough will include some red, bloody sputum. (For more, read the entire description of the condition provided by the Mayo Clinic.)
Medical Malpractice and Pulmonary Embolism
Today, medical malpractice in finding and treating pulmonary embolism is a leading cause of wrongful death worldwide. Deaths due to doctors failing to discover these blood clots in the lungs are higher in number than deaths from breast cancer and AIDS combined.
Physicians are required to meet their profession's 'standard of medical care' when treating a patient, whether or not that patient has all the signs and symptoms, or even if the doctor simply suspects that there might be a blood clot problem due to the patient meeting so many of the known risk factors.
If the doctor does not meet this standard of care, and his patient suffers or dies, then a legal claim arises for medical malpractice. This is, of course, a personal injury lawsuit. However, unlike other types of PI lawsuits, there are special laws that impact medical malpractice claims in Florida. Special filing deadlines apply. Limits on financial liability exists.
The Florida Medical Malpractice Statute
According to Florida Statute 95.11(7)(b):
An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child's eighth birthday.
An "action for medical malpractice" is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care.
The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child's eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy.
By on March 3, 2011 1:28 PM
No comments:
Post a Comment