Medical Malpractice

Published on: October 8, 2012

Jeffrey R. Garvin Named Personal Injury “Lawyer of the Year”

FORT MYERS, Fla., October 3, 2012 – Florida Attorney Jeffrey R. Garvin of The Garvin Injury Law has been named 2013 “Lawyer of the Year” in the practice area of Personal Injury Litigation – Plaintiffs for the Fort Myers / Naples metropolitan area.

Only a single lawyer in each practice area in each community is honored as “Lawyer of the Year,” according to Best Lawyers® and The Best Lawyers in America® (Copyright 2012 by Woodward/White, Inc., of Aiken, SC).

Attorneys recognized as “Lawyer of the Year” are selected based on particularly impressive voting averages received during the exhaustive peer-review assessments conducted with thousands of leading lawyers each year, according to the Best Lawyers® website.

Published on: November 21, 2011

Florida Supreme Court to Rule on Medical Malpractice Damage Caps

by Leland Garvin

2012 could be historic for injured patients if the Florida Supreme Court follows the lead of Georgia, Illinois, and other states who have declared caps on damages in medical malpractice cases to be unconstitutional. The courts have reasoned that limitations on damages violate an individual’s access to the courts, treat the medical profession different from all others, and often force the state taxpayers to absorb the cost of future care.

Medical malpractice law has always been a hot topic, especially in Florida, where extensive lobbying by hospitals, doctors, and the insurance industry has led to major changes affecting the rights of injured victims. While medical professionals have argued that malpractice lawsuits have caused billions of dollars to be wasted on unneeded medical tests; yet privately, they admit that these same tests would be ordered if the patient was their family member.

As Florida medical malpractice attorneys we have been closely monitoring the debate over medical malpractice caps, which is set to come before the Florida Supreme Court next year.

Published on: July 26, 2011

Jeff Garvin Awarded “Trial Lawyer of the Year” at FLABOTA Annual Convention

by Leland Garvin

Each year, the Florida Chapter of the American Board of Trial Advocates (FLABOTA) presents the Trial Lawyer of the Year Award to one individual that has exemplified their selection criteria: being an excellent advocate with a distinguished career, having a superb reputation of high ethics and fair play, and having achieved outstanding results for his or her clients. A lawyer can only receive the Trial Lawyer of the Year Award once in his or her career. Part of the esteemed award includes a $5,000.00 cash donation to the law school of the recipient’s choosing.

Members of FLABOTA select the recipient of the award, and this year Jeff Garvin, of the Garvin Injury Law with offices in Fort Myers and Fort Lauderdale, received the once in a lifetime honor. Garvin chose his alma mater and Jennifer Zedalils of the University of Florida College of Law was on hand to receive the cash portion of the award.

The Garvin Injury Law focuses their practice on personal injury, medical malpractice, and wrongful death law. Garvin was a charter member of the local FLABOTA Chapter and is the immediate past president of the statewide organization. Garvin has been recognized for taking aggressive measures to help stop legislative initiatives that threatened to harm the Florida court system and impair the independence of the judiciary.

Published on: October 8, 2009

Medical Malpractice Recovery Rights for U.S. Soldiers?

by Leland Garvin

The United States House of Representatives yesterday (10/7/09) took action that will hopefully lead to the end of discriminatory treatment of soldiers injured by medical malpractice.

Since the Feres decision by the United States Supreme Court in 1950, soldiers have not been able to bring actions for medical malpractice against the government; this is true irrespective of the level of disregard for their well being. Since the 1950’s untold numbers of soldiers after serving acting duty have been subjected to substandard treatment in military medical facilities. The House Judiciary Committee has now approved the Military Medical Accountability Act which would allow soldiers the same rights as private citizens injured by medical malpractice.

The bill named after Marine Sgt. Carmelo Rodriguez, who served his country with honor for nearly a decade, including a tour of duty in Iraq, and died as a result of preventable medical negligence. A blotch on his buttock went untreated and misdiagnosed multiple times by military doctors. By the time Sgt. Rodriguez learned it was a cancerous melanoma the damage was done. Sgt. Rodriguez, the father of a 7 year old son passed away shortly after a proper diagnosis.

Published on: April 29, 2009

Palm Beach Appeals Court Affirms $6.4 Million Verdict in Med Mal Case

by Leland Garvin

Back in June of 2007 attorney Jeff Garvin of Fort Myers and Wilton Strickland of Fort Lauderdale successfully argued that medical malpractice was committed when a Broward County otolaryngologist (ENT) failed to diagnose tongue cancer.

A Broward County Jury awarded the Garvin Injury Law client $6.4 Million Dollars after hearing two weeks of testimony. Garvin argued that the Pembroke Pines Doctor was negligent when he failed to notice several recognizable symptoms of tongue cancer. This argument was strengthened when evidence was presented that the client sought a second opinion and this doctor noticed cancer almost immediately. Unfortunately for the client, the cancer had already spread and required extensive surgery to remove the growth.

After this surgery, which required the removal of most of his tongue, the client was left with a difficulty speaking, can’t swallow, and is forced to eat blended food through a tube in his stomach.