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Jury selection under way in Florida medical malpractice retrial

Medical malpractice in Florida runs the gamut from birth injuries and medication errors to an unexpected death due to failure to appropriately supervise a patient. There is a lot that can go wrong before, during and after an operation, leading to claims of medical malpractice. Many of them are things that should not have gone wrong if ordinary and reasonable care was exercised.

Though open-heart surgery is more common now than it was 35 years ago, it is still not a walk in the park. People recognize there is a risk in that type of operation, yet when a person dies after the surgery, family members still wants to know what happened. When the records indicate negligence on behalf of the surgeon, the assistants or hospital, the family understandably wants justice for a life that was taken by the carelessness of another.

That scenario is currently being played out in a southwest Florida courtroom. Jury selection is under way to choose a panel of six people. The medical malpractice lawsuit seeks money damages for the claimed negligence of a doctor and his assistant who operated on a 61-year-old woman at Naples Community Hospital in June of 2004. Following what seemed to be a successful surgery, the patient died from complications afterwards. The surviving husband blames the doctors, alleging negligence.

This is the second trial in the matter. The first one resulted in a mistrial when the jury was deadlocked. During jury selection, jurors are being asked if they have had heart problems or other medical problems and whether they have held jobs in medicine. The trial will hopefully provide answers and some measure of recourse for the still grief-stricken widower. Medical malpractice issues are complicated and require attention to both legal and medical detail. A Florida attorney may help others with a similar problem investigate what happened and help pursue full accountability against anyone who contributed to a death or serious injury by negligent conduct.

Source: The News-Press, "Malpractice death trial remains without jury," Denes Husty III, Aug. 19, 2011

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