Terms
The words these cases use.
Short definitions for the injury, medical, and business matters this office handles with co-counsel. This is not a diagnosis, and it is not a promise that a case will be taken.
Standard of care
The standard of care is what a careful provider would have done in the same situation. A bad outcome is not enough. The question is whether the care fell below that standard.
Medical malpractice
Medical malpractice is a claim that a doctor, nurse, or hospital breached the standard of care and that the breach caused harm. Florida medical claims have their own notice steps before a lawsuit. Those dates keep running.
Causation
Causation means the mistake caused the injury. A mistake that did not change the outcome is not the same as a case. Records and experts are how that link is shown.
Birth injury
A birth injury is harm to the baby or the mother around labor and delivery. Some injuries happen without a mistake. A claim arises when the harm comes from care below the standard, such as missed fetal distress, a delayed cesarean, or misuse of forceps or a vacuum.
Cerebral palsy
Cerebral palsy is a lasting disorder of movement and posture. It can follow brain injury before, during, or shortly after birth. Not every case is caused by the delivery.
Hypoxic-ischemic encephalopathy
Hypoxic-ischemic encephalopathy, often called HIE, is brain injury from too little oxygen or blood flow. It can lead to seizures, developmental delay, and cerebral palsy. The timing of the oxygen loss is a central question in the case.
Fetal distress
Fetal distress is a sign, often on the heart-rate monitor, that the baby may not be getting enough oxygen. The claim, when there is one, is that the team saw the sign and did not act in time.
Brachial plexus injury and Erb’s palsy
A brachial plexus injury is nerve damage at the neck and shoulder, often from stretching during birth. Erb’s palsy is the form that affects the upper arm. Shoulder dystocia, when the shoulder catches, is a common setting.
Forceps and vacuum extraction
Forceps and a vacuum are tools used to help a vaginal delivery. Used wrongly, they can injure the baby’s head, face, or brain. The issue is whether the tool was the right choice and whether it was used within the standard of care.
Preeclampsia
Preeclampsia is a pregnancy condition of high blood pressure that can threaten the mother and the baby. A claim may involve a failure to diagnose it or a delay in delivering the baby.
Wrongful death
A wrongful-death claim is brought by the survivors when a person dies because of someone else’s negligence. In a medical case, that can include a missed diagnosis. The people who may recover, and what they may recover, are set by statute.
Nursing-home neglect
Nursing-home neglect is the failure to provide the care a resident needs. It includes falls, pressure sores, malnutrition, and medication errors. Abuse is harm done on purpose, including physical, sexual, or financial harm.
Premises liability
Premises liability is a claim that a property owner failed to keep the property reasonably safe, or failed to warn of a danger. A slip and fall is the common example. The condition, how long it was there, and notice matter.
Product liability
Product liability is a claim that a product was defective in design, manufacture, or warnings, and that the defect caused the injury. Cars, medical devices, and other goods can be the product.
Construction and workplace injury
A construction or workplace injury may be a workers’ compensation claim, a claim against a third party who is not the employer, or both. A collapse, a fall, or unsafe equipment is a typical setting.
Catastrophic injury
A catastrophic injury is one that permanently changes how a person lives. Spinal cord injury, severe brain injury, and amputations are examples. The cost of future care is often the largest part of the damages.
Comparative negligence
Florida compares fault. If the injured person shares some of the blame, the recovery can be reduced. How the percentage is applied depends on the statute in force for that accident.
Compensatory damages
Compensatory damages are money for the harm itself. That can include medical care, lost income, and pain. In a birth-injury case it can include lifelong therapy, nursing, equipment, and home changes. Punitive damages, when they are allowed, are separate and are meant to punish.
Real estate dispute
A real estate dispute is a fight over a sale, a commission, a title, a lease, or a deal that was interfered with. It can include fraud and civil conspiracy. It is not the same as a seller closing, which this office handles from the seller’s side.
Commercial litigation
Commercial litigation is a business case in court. It can include a broken deal, fraud, tortious interference, and other business torts. These matters are handled with co-counsel when another firm should try them.
Cruise-ticket deadline
A cruise ticket is a contract. It often sets a notice deadline and a court that are shorter and farther away than a person expects. One line’s deadline is not the next line’s. Bring the ticket. Do not assume a number of days.
You call Shabsi Kabacznik at this office. If co-counsel should be in the case, you sign one fee. The case is taken only after this office reviews the file and signs. How a referral works.