What We Know About the Incident

• The incident occurred on October 25, 2025, at a medical office in Miami, Florida
• A 29-year-old woman visited the doctor for a cosmetic procedure
• The patient was administered nitrous oxide and had taken prescribed medication prior to the procedure
• The patient reported also being offered and consuming a glass of wine at the office
• The patient stated she became physically impaired and unable to move or respond
• She reported regaining partial awareness and observing the doctor allegedly sexually assaulting her
• The patient later discovered that her phone had recorded the incident
• She reported the incident to police after reviewing the video
• Detectives reviewed the video evidence before making an arrest
• The doctor was charged with three counts of sexual battery on a physically helpless victim
• The defendant’s attorney disputes the allegations and claims the encounter was consensual
• The doctor has been released under house arrest with a GPS monitor and is prohibited from practicing medicine
• Miami Police are investigating and seeking potential additional victims

Risks and Safety Concerns

This case raises serious concerns about patient safety in medical and cosmetic treatment settings, particularly when sedation is involved. Patients undergoing procedures often rely entirely on medical professionals for their safety and well-being, especially when they are under the influence of sedatives or otherwise physically incapacitated.

The use of substances such as nitrous oxide, prescription medications, and even alcohol can significantly impair a patient’s ability to consent, communicate, or protect themselves. This creates a heightened duty of care for healthcare providers and staff to ensure that patients are never placed in vulnerable or unsafe situations.

Medical environments are expected to follow strict protocols regarding patient monitoring, informed consent, and professional conduct. Any deviation from these standards can expose patients to serious harm, including physical, emotional, and psychological trauma.

Legal Options and Potential Liability

Allegations involving sexual battery in a medical setting may give rise to both criminal prosecution and civil liability. Victims of such misconduct may have the right to pursue a personal injury claim based on negligence, as well as an intentional tort claim for sexual assault.

Potential liable parties may include:

• The physician: A healthcare provider who engages in non-consensual conduct, particularly involving a sedated or incapacitated patient, may be held liable for sexual battery, medical malpractice, and breach of professional duty.
• Medical practice or clinic: The facility where the incident occurred may be held responsible if it failed to properly supervise staff, enforce safety protocols, or respond to prior complaints or warning signs.
• Staff members: If employees contributed to the patient’s impairment, failed to monitor the patient, or were negligent in ensuring her safety, they may share liability.
• Corporate entities or ownership groups: If the practice is owned or operated by a larger entity, that organization may also face liability for negligent hiring, retention, or supervision.

Under Florida law, victims of sexual battery and medical negligence may be entitled to pursue compensation for:

• Medical and psychological treatment expenses
• Pain and suffering
• Emotional distress and trauma
• Loss of enjoyment of life
• Potential punitive damages in cases involving intentional misconduct

In addition to civil claims, medical professionals found to have engaged in misconduct may face disciplinary action, including suspension or revocation of their medical license.

Investigation Ongoing

Miami Police continue to investigate the case and are urging anyone who may have had similar experiences to come forward. Authorities are reviewing evidence, including video footage and witness statements, to determine whether additional victims may be involved.

If you or a loved one was involved in a similar incident, contact Flanagan & Bodenheimer Injury and Wrongful Death Law Firm for a free consultation to discuss your legal options.

According to the lawsuit, a married couple—identified anonymously as John and Jane Doe—began working with the Fertility Center of Orlando in March of last year to pursue in vitro fertilization (IVF).

The complaint alleges that:

• Jane Doe underwent an embryo transfer believing the embryo was created using her and her husband’s genetic material
• She carried the pregnancy to term and gave birth to a baby girl just weeks before Christmas
• After the birth, the couple noticed the child’s appearance did not align with their expectations, prompting further concern
• Genetic testing revealed the baby has no biological relationship to either parent

The lawsuit describes the discovery as devastating, not only because the child was not genetically theirs, but because of the possibility that one or more of the couple’s embryos may have been implanted into another patient, who could now unknowingly be raising their biological child.

Despite the shock and heartbreak, the couple has stated that they love the baby deeply and would continue caring for her. However, they also acknowledge that the child has genetic parents who may be unaware of what occurred, and that the situation raises urgent ethical and legal questions.

According to the lawsuit, the couple attempted to contact the clinic to understand what went wrong and to identify the child’s biological parents—but allegedly received no meaningful response.

The lawsuit seeks emergency court intervention, including orders that would require the clinic to:

1. Notify other patients who may have been affected by an embryo mix-up
2. Pay for genetic testing for relevant patients and children over the past five years
3. Disclose any known discrepancies in parentage for births resulting from embryo implantation during that time

The couple’s attorney described the situation as “heartbreaking and unexplained,” stating that their clients are living with the unbearable possibility that their own biological child may be unknowingly raised by strangers.

IVF Errors and Medical Negligence Under Florida Law

Errors involving embryo handling, storage, labeling, or implantation may give rise to medical malpractice claims, negligence, and potentially wrongful birth or reproductive negligence claims under Florida law.

Cases involving IVF errors often center on:

• Failure to follow proper laboratory protocols
• Inadequate safeguards to prevent embryo mix-ups
• Poor recordkeeping or identification procedures
• Failure to promptly disclose known errors

Beyond emotional trauma, these cases involve profound legal issues surrounding parental rights, custody, genetic lineage, and lifelong psychological harm to families and children.

Why Independent Legal Action Matters in IVF Error Cases

When medical institutions fail to self-report or cooperate after catastrophic errors, affected families may have no choice but to seek court intervention to uncover the truth.

Independent investigations can help determine:

• How the error occurred
• Whether systemic failures affected multiple families
• Who is legally responsible
• What safeguards failed—and how future harm can be prevented

These cases are also time-sensitive, as records, samples, and data must be preserved before they are altered or lost.

How Flanagan & Bodenheimer Represents Families in Medical Negligence Cases

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we represent individuals and families harmed by serious medical negligence, including complex and emotionally devastating cases involving reproductive medicine and medical errors.

Our firm intentionally limits its caseload so clients work directly with experienced attorneys. We handle:

• Medical malpractice and catastrophic injury cases
• Wrongful death and complex liability investigations
• Cases other firms decline due to complexity

There are no upfront costs. We only recover fees if we recover compensation.

If you or your family has been affected by a serious medical error, IVF mistake, or healthcare negligence, you deserve answers—and accountability.

📞 Contact Flanagan & Bodenheimer Injury & Wrongful Death Law Firm for a free, confidential consultation. We represent families throughout Orlando, Longwood, Central Florida, and statewide.

Autumn Bardisa was taken into custody on multiple charges, including seven counts of practicing a health care profession without a license and seven counts of fraudulent use of personal identification information, following a thorough seven-month investigation by the Flagler County Sheriff’s Office.

Bardisa was hired by AdventHealth Palm Coast Parkway in July 2023 as an advanced nurse technician. During the application process, she claimed to be an “education first” registered nurse, meaning she had completed nursing education but had yet to pass the national licensing exam. However, Bardisa misrepresented her credentials by stating she had passed the exam and provided a license number that matched her first name but had a different last name.

She explained the discrepancy by claiming she had recently changed her last name due to marriage but never provided the requested marriage license to verify the claim. This inconsistency initially went unnoticed.

The deception unraveled in January 2025 when Bardisa was offered a promotion. A coworker attempted to verify her nursing license status and discovered that her certified nursing assistant license was expired. Further scrutiny by hospital administrators revealed that Bardisa had never submitted a marriage license to corroborate her name change.

On January 22, Bardisa was terminated, and the Flagler County Sheriff’s Office launched an investigation. Detectives found that the license number Bardisa provided belonged to a different nurse named Autumn, who had attended nursing school with Bardisa and was also employed by AdventHealth.

Further investigation uncovered that Bardisa had actively participated in delivering medical care to 4,486 patients between June 2024 and January 2025, all without a valid nursing license.

Flagler County Sheriff Rick Staly condemned Bardisa’s actions, calling it “one of the most disturbing cases of medical fraud” his office has investigated. “This woman potentially put thousands of lives at risk by pretending to be someone she was not and violating the trust of patients, their families, AdventHealth, and an entire medical community,” he said in a statement.

Legal Consequences and Public Safety

Bardisa faces serious legal consequences including charges for unlicensed practice and identity fraud, with her bond set at $70,000. Beyond criminal penalties, victims affected by her unauthorized medical treatment may have grounds to pursue civil claims for medical negligence or malpractice.

Patients who received care from an unlicensed provider may experience complications or improper treatment, and may be entitled to compensation for injuries suffered due to lack of proper professional qualifications. Legal counsel specializing in medical malpractice can assist victims in evaluating their options.

This case serves as a stark reminder of the importance of verifying medical credentials and maintaining strict oversight in healthcare facilities. Patients should not hesitate to ask questions about their providers’ licenses and credentials, which are typically public record and can be verified through state licensing boards.

Healthcare institutions must also uphold rigorous hiring and verification practices to prevent such breaches of trust and safeguard patient safety.

If you or a loved one has been treated by someone posing as a medical professional or suspect you have been harmed due to negligent care, it is vital to consult with an experienced medical malpractice attorney. They can guide you through the process of securing your rights and seeking compensation.

A promising young police officer from New Orleans has tragically lost her life after traveling to Miami for a cosmetic procedure. The death of 26-year-old Wildelis Rosa has once again put a spotlight on the growing concerns surrounding the cosmetic surgery industry in South Florida, a region that has seen dozens of similar fatalities in recent years.

Wildelis Rosa was not only a police officer serving her community in New Orleans, but also a U.S. Army Reservist who had recently returned from a deployment to Kuwait. Her sister, Anamin Vazquez, described her as driven, ambitious, and full of life. “She had just come back from deployment and was planning to apply for the FBI,” Vazquez said. “She clearly had a plan.”

taway. Rosa had scheduled a Brazilian butt lift (BBL) procedure at Prestige Plastic Surgery Clinic in Coral Way. The procedure involved liposuction and fat transfer to her buttocks, a popular but high-risk cosmetic surgery that has grown in demand despite repeated safety warnings from medical experts.

According to documentation shared by Rosa’s family, she paid $7,495 for the procedure and underwent pre-operative blood work on March 19, 2025. The surgery took place shortly after.

Rosa was reportedly discharged just an hour after surgery — a practice that is common but heavily criticized in high-volume surgery centers. Her sister said that Rosa texted family members a few days later, mentioning she was experiencing severe complications: extreme pain, numbness in her legs and feet, a dramatic drop in blood pressure, and difficulty breathing.

By March 23, Rosa was dead.

The Miami-Dade Medical Examiner’s Office confirmed that she died from a pulmonary embolism, a blockage of arteries in the lungs, typically caused by blood clots. The condition is a known risk of procedures like BBL, where fat emboli can enter the bloodstream or immobility post-op can lead to deep vein thrombosis.

Rosa’s death was officially ruled an accidental death due to post-surgical complications.

Rosa is one of at least 25 people who have died from complications tied to cosmetic procedures in Miami-Dade County in the past three and a half years, according to NBC6 Investigates. Nearly all of these victims were women.

Miami has become a hub for low-cost, high-volume cosmetic surgery — often marketing aggressively to women from across the U.S. seeking dramatic transformations at bargain prices. However, these procedures often come with significant medical risks and inadequate post-operative care, especially when performed in fast-paced clinics with minimal regulation or oversight.

Why Are Brazilian Butt Lifts So Dangerous?

The Brazilian butt lift (BBL) has one of the highest mortality rates of any cosmetic procedure. The danger arises when fat is accidentally injected into large veins, allowing it to travel to the lungs or heart, causing an embolism. Even when that doesn’t occur, the immobility associated with post-operative recovery significantly increases the risk of blood clots.

The American Society of Plastic Surgeons and other medical groups have repeatedly called for stricter safety protocols, including:

• Using ultrasound guidance during fat injections
• Avoiding deep muscle fat placement
• Mandatory overnight monitoring for out-of-town patients
• Extended post-op observation

Unfortunately, many clinics prioritize volume over safety, performing multiple surgeries per day per surgeon, often in outpatient settings with insufficient staffing or follow-up protocols.

Could This Death Have Been Prevented?

Rosa’s family strongly believes so. Her sister recounted messages and symptoms that indicate her condition was deteriorating in the days after surgery, including numbness, difficulty breathing, and purple lips, all potential red flags that were reportedly not addressed by medical staff.

According to the medical examiner’s report, Rosa was complaining of pain during her follow-up, and by Saturday, her symptoms worsened. Yet, there’s no indication that she received emergency medical care, or that Prestige Plastic Surgery took action despite clear warning signs of a possible embolism or circulatory issue.

Are Cosmetic Clinics Liable for These Deaths?

In Florida, medical malpractice claims can be filed when a healthcare provider’s negligence results in injury or death. However, proving malpractice in cases involving cosmetic surgery is often challenging, particularly in clinics that have patients sign extensive waivers or that claim complications were unavoidable.

That said, there are several grounds on which a wrongful death lawsuit may be pursued:

• Failure to monitor post-op conditions
• Premature discharge after high-risk procedures
• Neglecting to respond to signs of serious medical complications
• Lack of proper emergency response protocols

If a clinic is found to have violated medical standards or failed in their duty of care, surviving family members may be entitled to compensation for funeral expenses, loss of support, and pain and suffering under The Florida Wrongful Death Act.

What You Should Know Before Getting Cosmetic Surgery

If you or a loved one are considering elective cosmetic surgery — especially out-of-state — here are a few safety tips:

1. Research the surgeon and clinic thoroughly. Confirm board certification and look up complaint history.
2. Ask about hospital privileges. Surgeons with hospital affiliations are generally held to higher standards.
3. Insist on post-op monitoring. Overnight observation is crucial after BBL and similar surgeries.
4. Understand all risks associated with your procedure, including blood clots and embolism.
5. Have a plan for emergencies. Know where the nearest full-service hospital is located.
6. Stay local. Flying home immediately after surgery can increase the risk of complications like blood clots.

The death of Wildelis Rosa is a devastating and sobering reminder of the hidden dangers that can come with cosmetic procedures, especially in high-volume surgery centers that prioritize speed over patient safety. Her loss has shaken her family and her community, both in New Orleans and in South Florida, and highlights the need for more transparency, oversight, and accountability in the cosmetic surgery industry.

Update: Governor DeSantis vetoed the bill.  It may now be taken up by the Legislature to override this veto and become law over the Governor’s veto.

For decades, this law has blocked certain surviving family members from filing wrongful death lawsuits when a loved one dies due to medical negligence. If signed into law, HB 6017 will restore access to justice for thousands of Floridians who were previously left without legal recourse after losing a parent or child to preventable medical errors.

What Is Florida’s “Free Kill” Law?

Florida Statutes § 768.21 currently prohibit adult children (age 25 and older) from filing a wrongful death claim for the loss of a parent due to medical malpractice. Similarly, parents cannot pursue damages for the death of a child aged 25 or older. This restriction, which is unique to Florida, has been in place since 1990 and has long been criticized for its arbitrary age cutoffs and devastating real-world consequences.

Critics say the law effectively gives negligent doctors and hospitals a free pass in cases involving unmarried adults without young children, or seniors whose children are no longer minors. Survivors in these situations are barred from seeking non-economic damages like pain, suffering, and emotional distress, regardless of the severity of the malpractice.

What’s Changing With HB 6017?

House Bill 6017 seeks to repeal the 1990 statute and remove the age-based limitations that have denied families the ability to pursue justice in wrongful death cases stemming from medical negligence.

The bill passed the Florida House in March with overwhelming bipartisan support (104-6) and cleared the Senate in May with a 33-4 vote. If Governor DeSantis signs it into law, families who previously had no legal options will be able to seek both economic and non-economic damages in these tragic cases.

Why This Change Matters

Repealing the “Free Kill” law is about more than compensation—it’s about fairness, accountability, and the right to justice. Here’s why the change is so significant:

• Restores Equal Rights for All Families: No family should be excluded from justice based on arbitrary age limits.
  
• Encourages Medical Accountability: When healthcare providers can be held liable, it incentivizes better standards of care.
  
• Provides Closure and Financial Relief: Families grappling with the emotional and financial toll of a preventable death deserve a path forward.
  
• Ends a National Outlier: Florida is currently the only state in the U.S. with this type of restriction on wrongful death claims due to medical malpractice.
  

Arguments For and Against the Repeal

Supporters of HB 6017, including legal advocates and families of victims, argue that the current law devalues the lives of adults over 25 and allows preventable medical errors to go unchallenged. Jacksonville Republican Senator Clay Yarborough called it “a 35-year-old law that needs to be repealed,” adding: “It’s unjust. It shouldn’t be on the books.”

Opponents, primarily from the medical and insurance industries, fear that repealing the law could lead to increased medical malpractice lawsuits and higher insurance premiums for doctors. Some, like Senator Gayle Harrell, pushed for a $1 million cap on non-economic damages, but the Senate ultimately rejected that amendment by a narrow 19-18 vote, preserving the bill’s goal of eliminating arbitrary limits entirely.

If signed, the repeal could take effect immediately or upon a specified date included in the final bill, opening the door for new wrongful death claims and allowing previously ineligible survivors to pursue justice.

As of May 29, 2025, Governor DeSantis vetoed the bill.  It may now be taken up by the Legislature to override this veto and become law over the Governor’s veto.

Understanding Wrongful Death and Medical Malpractice in Florida

Medical malpractice occurs when a healthcare provider’s actions, or failure to act, fall below the accepted standard of care and cause serious harm or death. Wrongful death claims based on malpractice often involve:

• Misdiagnosis or delayed diagnosis
  
• Surgical errors
  
• Medication mistakes
  
• Anesthesia complications
  
• Failure to monitor or intervene during treatment
  

To succeed in a wrongful death lawsuit, survivors must prove that the medical provider’s negligence directly caused the patient’s death, and demonstrate the losses they have suffered as a result.

What Damages Can Be Recovered?

If HB 6017 becomes law, surviving family members, including adult children and parents of deceased adults, may be able to recover:

• Medical expenses and funeral costs
  
• Loss of income or financial support
  
• Loss of companionship, guidance, and protection
  
• Mental anguish and emotional suffering
  
• Future counseling or therapy expenses
  

How Flanagan & Bodenheimer Can Help

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we have spent years advocating for the rights of Florida families impacted by medical negligence. We believe that every human life has value, and that no one should be denied justice.

Our firm focuses exclusively on personal injury and wrongful death cases, and we handle each case with the care, attention, and trial-readiness it deserves. We also work on a contingency-fee basis, meaning you pay no legal fees unless we win your case.

If you’ve lost a loved one due to suspected medical malpractice and were previously barred from filing a claim due to the “Free Kill” law, this upcoming legal change could open a new path forward for you and your family.

Contact us today at 305-638-4143 or fill out our online form for a free, confidential consultation. We serve clients throughout Florida, including Miami, Fort Lauderdale, Hollywood, Coral Gables, Boca Raton, and more.

A Florida plastic surgeon, Dr. Fermin Morales, is now under investigation after being accused of causing a patient’s death following a BBL gone wrong. According to the complaint, Morales allegedly injected fat into the patient’s glute muscles—a fatal error that violates Florida medical regulations and resulted in her death.

This case sheds light on serious safety concerns in Florida’s cosmetic surgery industry, particularly among high-volume clinics operating out of strip malls. If you or a loved one has suffered due to botched plastic surgery, you may have legal options to seek justice and hold negligent surgeons accountable.

About The Case

In June 2023, a 40-year-old woman, identified as S.L., underwent a BBL performed by Dr. Fermin Morales at a Doral-based clinic operating out of a strip mall. According to an administrative complaint filed by the Florida Department of Health, Morales used an ultrasound to guide his fat injections but wrongly placed the fat into the patient’s gluteal muscles—a fatal mistake.

The patient died the following day, and an autopsy revealed extensive fat embolism, with fat deposits found in her lungs, bloodstream, and deep gluteal muscles.

Despite holding a medical license since 2011 and being board-certified by the American Board of Surgery, Morales allegedly failed to follow basic safety protocols for BBL procedures.

Tragically, Dr. Morales is not the only Miami plastic surgeon facing serious allegations related to botched BBLs. Other cases include:

• Dr. Naveed Nosrati – Faced a malpractice lawsuit in 2022 after a botched abdominoplasty (tummy tuck) resulted in a fatal pulmonary embolism. His insurance company settled for $250,000.
• Dr. Julio Clavijo-Alvarez – Fined by the state for improper drain placement during a BBL and pre-signing blank prescription forms—a serious violation of patient safety protocols.

These cases raise concerns about the oversight and accountability of high-volume plastic surgery clinics in Florida. Many of these facilities prioritize profit over patient safety, rushing procedures and failing to properly screen, train, or supervise their surgeons.

Understanding the Risks of Brazilian Butt Lift Surgery

The BBL procedure involves liposuctioning fat from areas such as the abdomen, flanks, or thighs, purifying it, and injecting it into the buttocks to create a fuller appearance. While many patients undergo successful BBLs, the procedure is also one of the most dangerous cosmetic surgeries, with risks that include:

• Fat Embolism: The most serious risk occurs when fat is mistakenly injected into the gluteal muscle, where it can enter the bloodstream and travel to the lungs, causing a fatal embolism.
• Severe Infections: Improper surgical techniques or unsterile conditions can result in life-threatening infections.
• Tissue Necrosis: Poor fat placement may lead to tissue death, causing skin breakdown, chronic wounds, and even sepsis.
• Excessive Bleeding: The procedure involves multiple incisions and high-volume fat transfer, increasing the risk of hemorrhaging.
• Pulmonary Embolism: Blood clots can form post-surgery, leading to potentially fatal complications.

Given these risks, Florida has strict regulations on BBL procedures, including a ban on intramuscular fat injections, as outlined in Florida Administrative Code 64B8-9.009. Violating this regulation, as alleged in Dr. Morales’ case, can have devastating consequences for patients.

Legal Options for Victims of Plastic Surgery Malpractice in Florida

If you or a loved one has suffered due to negligent plastic surgery, you may have grounds to file a lawsuit for:

• Medical Malpractice – If a surgeon deviates from the accepted standard of care, resulting in injury or death.
• Wrongful Death – If a loved one dies due to surgical negligence, the surviving family can file a wrongful death claim under Florida’s Wrongful Death Act (Florida Statutes § 768.16-768.26).
• Product Liability – If defective medical equipment or unapproved surgical techniques contributed to complications.

How Our Florida Wrongful Death Attorneys Can Help After a Fatal Plastic Surgery Malpractice Case

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we focus exclusively on wrongful death and personal injury cases, providing compassionate and aggressive legal representation to families who have lost loved ones due to plastic surgery malpractice. If your loved one passed away due to a botched cosmetic procedure, we are here to help you navigate the legal process and fight for the justice your family deserves.

Why Choose Us for Your Wrongful Death Claim?

• Proven Success in Wrongful Death Cases – We have secured multi-million dollar settlements for grieving families across Florida.
• Extensive Experience with Medical Malpractice Laws – We understand the complex medical and legal aspects of wrongful death claims arising from surgical errors.
• Small Caseload for Individualized Attention – Unlike large firms, we limit our caseload so we can focus on your case with the care and dedication it requires.
• Aggressive Advocacy in Court – We never settle for less than what our clients deserve and are fully prepared to litigate in court when necessary.
• No Fees Unless We Win – Our firm works on a contingency fee basis, meaning you owe nothing unless we secure compensation for you.

Losing a loved one due to negligent cosmetic surgery is a devastating experience, leaving families to cope with emotional and financial hardships. If a plastic surgeon or medical provider’s carelessness or errors led to a tragic outcome, you may have the right to pursue a wrongful death claim to seek justice and financial relief.

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we understand the overwhelming challenges families face after an unexpected loss. Our dedicated legal team is here to hold negligent medical providers accountable while you focus on grieving and healing.

Call (305) 638-4143 or complete our online form for a free, confidential consultation today. We serve families in Hollywood, Miami, and throughout Florida, with virtual consultations available for your convenience.

Why Use Mediation Instead of a Trial?

Mediation is a popular way to resolve various types of personal injury lawsuits, not just medical malpractice claims. Trials are inefficient because they require a tremendous amount of resources. Additionally, the adverse aerial nature of a trial often impedes the necessary exchange of information between the parties involved. Resolving a medical malpractice claim through a full trial usually takes a significant amount of time.

Mediation is a negotiation process between the two parties and a neutral third party (the mediator). The mediation process is usually voluntary and the results non-binding, unless an agreement is reached between the two parties involved. Either party can choose to terminate the mediation process at any time after it starts.

A critical benefit to mediation is that everything discussed during the process is confidential. The mediator cannot be compelled to testify at court about anything told to them in confidence by either party. The mediator in these cases is typically agreed upon by both parties, and the mediator often has the experience and background necessary to enable them to comprehend all of the medical and legal issues that may be presented in the case.

A Mediator Will Be Honest With Both Parties

One of the benefits of using a mediator is that the mediator can speak frankly with both sides. Often, the mediator will be able to spot issues before and against either party’s claims. By spotting any issues, they will be able to point them out to the respective party and explain the benefits and risks of moving forward to a trial. A mediator will continue to go back and forth between the two parties in the hope of both sides reaching an adequate monetary agreement.

A Mediator May Understand More Than a Jury

Medical malpractice cases can become very complex, and the issues involved are typically those that most jurors do not have to deal with on a regular basis. In other words, the intricacies of a medical malpractice case may go above the head of the jury. This can complicate the matter for both the medical malpractice victim as well as the medical provider.

Additionally, medical malpractice law itself is complicated. The intersection of the medical facts of the case as well as the established law in these situations can create a complex puzzle, one which a jury may not be able to figure out.

However, those who serve as third-party mediators in medical malpractice cases have usually been handling these issues for many years, enabling them to better understand the legal and medical issues that the cases present. This can be beneficial for the plaintiff and the defendant.

Mediation Avoids Risks

When a medical malpractice case goes to mediation, this can help avoid the risk of a trial. Juries can be unpredictable. Two different juries, hearing the exact same evidence, could end up rendering very different verdicts based on the experience and knowledge level of the jurors chosen.

The risks to a plaintiff in these cases are primarily financial. The burden of proof for medical malpractice claims is already high, so taking a case to trial could leave the plaintiff with no compensation at all.

However, even after having a Mirena IUD removed, many women have suffered from what has become known as the “Mirena crash.”

Understanding the Mirena Crash

An IUD is a birth control device that is implanted into a woman’s uterus. Mirena works by releasing hormones into the body, specifically, progesterone. Progesterone thickens the cervical mucus and prevents sperm from entering the body after sex. Some of the most common complications associated with Mirena include:

• Neurological disorders
• Painful cramping
• Device migration
• Organ perforation
• Mental health issues
• Fatigue

Removing the Device Can Be Dangerous

When the Mirena IUD is inside the uterus, the body stops producing its own progesterone. It relies on the device to deliver the hormone. However, when the device is removed, it can create a significant hormonal imbalance in the body. This imbalance has been attributed to severe adverse health events in women – this is called the Mirena crash.

The hormonal imbalance has caused serious emotional distress in patients who have removed their Mirena IUD. Women who have had their devices removed have reported:

• Depression
• Anxiety
• Uncontrollable emotions
• Irritability

Due to these side effects of Mirena removal, many women have struggled with behavior issues, alcohol and drug abuse, and suicidal thoughts.

Other complications associated with a Mirena crash include:

• Fatigue
• Insomnia
• Cramping
• Vomiting
• Nausea
• Loss of interest in life
• Pain during sex

Did the Manufacturer Ever Warn Women of These Effects?

Bayer is the maker of Mirena, and they never warned women of the potential complications of removing the device. The company, however, has steadfastly maintained that the Mirena IUD is safe to use. They deny that any of the adverse health conditions reported are associated with Mirena’s removal.

Many women have decided to file lawsuits against Bayer. In California, Bayer and other pharmaceutical companies have a responsibility to ensure they supply safe medical devices to consumers. Not only do they have to inform patients of the potential side effects associated with using the device, but they also must provide warnings to patients about what happens when use discontinues.

Is There a Statute of Limitations for These Cases?

When dealing with medical device lawsuits, we have to look at a few different statutes of limitations that could apply. First, if a product liability lawsuit is filed, plaintiffs (the victims) generally have two years from the date they were injured or became ill to file a lawsuit.

With Mirena crash cases, we also have to consider that they could be medical malpractice issues. This could be the case if your doctor did not provide you with the information necessary to make an informed decision regarding Mirena. In California, injured patients have three years from the date the injury or illness occurred or one year after they discover the injury or illness to file a medical malpractice lawsuit.

Speak to an Attorney

If you or a loved one have experienced the Mirena crash after having the IUD removed, please speak to our Miami personal injury attorneys about how to proceed with your case. You could be entitled to significant compensation for what has happened.

The Doctor Owed a Standard of Care

In a Florida medical malpractice suit, your attorney must prove that the doctor or other medical professional owed you a duty of care. The medical professional must have treated you directly, not provide advice on your case. You must have hired the doctor, and the doctor must have accepted your request for services.

In most medical malpractice cases, proving this element is not an issue. If you visited a hospital or a clinic and this medical professional treated you, you can establish a relationship. However, if your physician friend provided you with advice outside of a formal setting, you cannot file a claim against him or her, because you and your friend do not have a doctor/patient relationship.

The Doctor Caused Harm

Next, your attorney will need to prove your harm arose from the doctor or medical professional’s actions and not some other cause. You can claim multiple forms of medical negligence. While this harm can include improper actions and failure to act, dissatisfaction with your treatment alone is not grounds for negligence. Your doctor must have caused you to harm in a manner that another doctor would not have.

Forms of medical negligence can include:

• Missed or delayed diagnosis
• Injuries during childbirth
• Overmedication, wrong prescriptions, or improper dosage
• Failure to take notice of a harmful drug interaction
• Issues with anesthesia
• Errors during surgery

The Doctor’s Breach of Care Led to Injuries

Next, you need to prove that the breach in the duty of care led to injuries. These injuries can be physical or psychological in nature. However, you must directly tie them to the actions of the medical professional. Because medical malpractice claims involve a person who is already sick or injured, your attorney must prove that the harm led to further injury, illness, or worsening of the condition.

The Doctor Deviated from Professional Standards

When a person becomes a medical professional, he or she must follow certain standards generally accepted by medical professionals. These guidelines are known as the “standard of care” for health care providers. Your attorney must prove that your doctor caused you to harm and, in the course of doing so, violated the standard of care.

You can compare your doctor’s actions to how a similarly trained and educated doctor would have performed under the same circumstances. A medical malpractice attorney can connect you to medical experts who can testify as to your doctor’s behavior.

The Injuries Led to Damages

Finally, your attorney must prove that your doctor’s breach of care led to injuries that caused direct losses to you. You must be able to list the specific damages and argue that the courts can remedy your damages through financial compensation. You cannot claim damages for illnesses and injuries sustained prior to the negligent act.

In Florida medical malpractice cases, you can collect damages for economic and non-economic expenses.

• Medical expenses for additional costs related to the worsening condition and additional injuries
• Lost income due to an inability to work because of the injuries caused by the medical professional
• Permanent disability caused by the negligence
• Pain and suffering caused by the negligence
• Punitive damages to punish especially negligent or reckless forms of medical malpractice

Proving these elements can be difficult to accomplish alone. Hiring a Miami medical malpractice attorney can help you launch an investigation into your injuries, calculate appropriate damages, and consult with medical experts to determine if your doctor deviated from professional standards.

Today, we will take a closer look at this specialized area of law by examining what defines a wrongful death case and reviewing five common types of wrongful death cases. Read on to learn more.

What Is Wrongful Death?

According to Florida Statute 768.19, if someone dies because of “the wrongful act, negligence, default, or breach of contract or warranty” of another person, there may be sufficient grounds for a wrongful death claim to be filed. By law, only certain individuals may bring a wrongful death claim, such as the deceased’s parents, spouse, children, and/or any other blood relative who was dependent on the deceased for support or services. In most cases, the statute of limitations for wrongful death claims in Florida is two years from the date of the death.

Based on the statute cited above, we know that wrongful acts, negligence, default, and breach of contract can lead to wrongful death claims. We will now take a look at five of the most common causes of wrongful death claims in Florida.

Pedestrian and Bicycle Accidents

While pedestrians and bicyclists are required to obey traffic devices and the rules of the road, motorists are required to exercise reasonable care when operating a motor vehicle in their presence. In fact, Florida Statute 316.130(15) states, “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give a warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.” Failure to exercise this due care could result in the wrongful death of a pedestrian or bicyclist.

Medical Malpractice

We rely on the knowledge and expertise of medical professionals for care and advice that will keep us healthy. While nurses, doctors, surgeons, and other types of medical professionals are highly skilled, they are also human. This means that errors are made from time to time that can result in the wrongful death of a patient. Examples of medical malpractice that could lead to a wrongful death suit typically stem from misdiagnosis, cutting corners, or failure to correctly follow protocols. If a person dies as a result of believed medical negligence, surviving family members may have grounds for a claim.

Accidents at Work

Workplace accidents are a very common cause of serious injury and death in the state of Florida. In 2017 alone, more than 49,000 claims were filed for workplace injuries according to statistics reported by the Division of Workers’ Compensation and the Florida Department of Financial Services. While we generally associate workplace accidents with inherently hazardous occupations, like construction or law enforcement, workplace accidents can happen in seemingly safer professions, as well. An employer may be liable for an employee’s death if it is determined that the death was the result of unsafe working conditions.

Car Accidents

We all rely on motor vehicles to get us to and from work, school, and social events multiple times a week. Due to their willful and wanton disregard for the safety of others, negligent drivers are a common cause of wrongful death claims. Based on a report issued by the Florida Department of Highway Safety and Motor Vehicles, there were 2,775 fatal motor vehicle accidents in our state in 2017. As texting and driving has become more common, so too has the number of car accidents caused by a driver’s negligent decision to text or look at their phone instead of paying attention to the road. Personal injury and wrongful death cases are highly litigated, and if you have lost a loved one as a result of injuries that he or she sustained in a car wreck, hiring a wrongful death lawyer can help you obtain the best possible outcome for your case.

Preventable Child Deaths

The most difficult type of wrongful death claims is those that involve the death of a child. Because children are unable to care for themselves before a certain age, they are often placed in the care of a trustworthy guardian when not with the parents. Unfortunately, these guardians may experience a lapse in judgment or become distracted, exposing the child to dangerous conditions. Drowning is the number one cause of death for children younger than four in Florida according to a report issued by the Florida Department of Health. These deaths are often the result of inattentive caretakers, lifeguards, and property owners, or defective pool safety devices, and many of these deaths could have been prevented.

Wrongful Death Lawyer Miami

Have you experienced the loss of a family member because of another person’s negligence? Michael T. Flanagan is an experienced wrongful death lawyer in Miami, and he can help you gather the evidence you need to prove your case. Contact our office today to learn more about our legal services for wrongful death claims. We look forward to helping you in your time of need.

We handle cruise ship injury cases throughout Miami. If you or a loved one were injured while on a cruise, call us at (305) 638-4143 today. We will gladly provide a free case evaluation to determine the merits of your case.

Emergency Medical Situations

Chest Pain or Pressure

Experiencing pain or pressure in your chest is scary enough when you are safely on land in close proximity to a hospital. When you are in the middle of the ocean on a cruise ship, it can be terrifying. Chest pain can have a wide variety of causes, and whether it is a sharp, burning pain or a dull aching discomfort, you deserve the benefit of a quality medical diagnosis. In order to determine the exact cause of your pain, it is likely that several medical tests will need to be run to rule out the potential of serious concerns like a heart attack. While some cruise lines may have the needed medical equipment to conduct tests like an EKG to determine whether you have had or are having a heart attack, they have little to no ability to handle the situation and provide you the medical care that you will need.

Gastrointestinal Illness

Cruise goers shudder at the thought of a stomach bug while sailing the high seas. However, on a cruise ship, a seemingly simple stomach bug can quickly escalate to a highly contagious gastrointestinal illness. Because there are thousands of people in close proximity to each other for several days, viruses like norovirus can spread quickly on a cruise ship, and when it does, the consequences can be disastrous. In addition to possibly being confined to your cabin and missing excursions, without proper diagnosis and treatment, you could wind up hospitalized due to complications, including dehydration.  Cruise ships have protocols designed to curb these outbreaks that are sometimes effective.

Broken Bones

No one wants to think about his or her cruise vacation ending with an injury that requires surgical care. However, if you suffer a broken arm or leg while on a cruise ship, your relaxing trip could come to an abrupt halt. A broken bone may require surgical intervention to be properly treated, and not all cruise ships have medical facilities that have the necessary equipment to perform this complex, high-level care. If you experience this type of medical emergency while you are out at sea, your care may be transferred to the physicians at the closest port of call.  If possible, you should immediately end your vacation and seek medical care in your hometown.  We have handled many cases where injuries like broken bones became much more serious because of the ship doctor’s failure to appropriately diagnose and treat a common injury.  Moreover, even if you are sent to a doctor in the nearest port of call, oftentimes these doctors commit malpractice.  If you need to make a claim against one of these doctors, the cruise ship will claim that it did not vouch for the doctor, has no connection to the doctor, and deny responsibility.  Be sure to see a doctor that you know and trust.

Dangers of Misdiagnosis

In the event that you suffer some sort of major trauma while on a cruise, you deserve the same quality medical care that you would receive at home. In the absence of competent medical care, many cruise passengers fall victim to medical negligence and medical malpractice at the hands of cruise ship doctors. This can lead to mistreatment and misdiagnosis, which may lead to longer recovery times, amputations, permanent injury, and even death. If you have experienced a medical emergency while on a cruise and you feel that you received improper care, it can be beneficial to hire a medical malpractice attorney who specializes in cruise ship injury cases.

Miami Medical Malpractice Attorney

Do you feel as though you have been the victim of medical malpractice while being treated for an injury that you sustained while on a cruise? If so, you have limited time to seek counsel and make a claim against the cruise line. Our team of legal experts has years of experience litigating against the world’s largest cruise lines, and if you are searching for a knowledgeable medical malpractice attorney, our team would love to speak with you. Contact us today to request your consultation.