Urogynecology Medical Malpractice Help From The Beregovich Law Firm

Urogynecologists are physicians who specialize in the treatment and care of the female pelvic organs, tissues, and muscles, including the treatment of common pelvic floor disorders such as an overactive bladder, stress urinary incontinence, fecal incontinence, and pelvic floor prolapse. Treatment options vary, depending on the condition and its severity, and may include surgical solutions as well as non-surgical treatments. It is estimated that as many as 1 in 3 women will experience at least one of these conditions in their lifetime.

Surgical treatments may include the use of vaginal mesh or reconstructive surgery to support pelvic organs. Although these treatments are intended to help women, sometimes they do the opposite and cause additional harm.

Urogynecology Medical Malpractice Cases Often Involve Other Organs and Systems

Areas in which we see the most instances of urogynecology medical malpractice or medical negligence involve the use of transvaginal mesh and hysterectomies, but these procedures in and of themselves aren’t always the problem that leads to a medical malpractice lawsuit. More often than not, it is damage to other organs or infections that occur due to the procedure that first tip-off patients that something is wrong and eventually form the basis of a medical malpractice or negligence case.

Issues such as infection, pain, bleeding, and a worsening or recurrence of symptoms may be the first sign that all is not right. When something like this happens, women should speak with their doctor, and possibly another doctor to get a second opinion, and also with a medical malpractice attorney. The doctors can examine the symptoms and treat the problem while the medical malpractice attorney can examine the evidence and determine if there are grounds for a malpractice or negligence case.

Medical Malpractice Cases Protect Future Patients

Filing a medical malpractice lawsuit isn’t vindictive. Some women are wary of proceeding with a lawsuit because they believe the situation was entirely accidental, but that isn’t always the case. Filing a lawsuit helps the victim recoup medical costs, lost wages, and other damages due to their injury, but it also shines a spotlight on medical procedures and devices to ascertain their safety. This can help prevent similar types of injuries from occurring in the future, and it can get unsafe physicians out of the surgical ward.

We have already seen evidence of how malpractice cases can impact procedures in transvaginal mesh cases, with some products being pulled from the market because of the number of complaints from patients. If no one ever complained, the devices would never have been investigated, and thousands of more women could be suffering today.

Even if you aren’t sure you have an urogynecology medical malpractice case, it never hurts to have your situation examined by an impartial legal advisor. The Beregovich Law Firm is that advisor. We help women throughout Florida take a deep look at their urogynecological complaints to make sure they were treated appropriately and safely.

If you have had a urogynecological procedure done and suffered further injury or distress because of it, contact The Beregovich Law Firm with offices in Orlando and Miami to arrange a free consultation. Call (800) 631-9009 or contact us online to share your story.

Photo by Artur Tumasjan on Unsplash

Types of Hysterectomy Malpractice

Hysterectomies are one of the most common gynecological surgeries performed in the U.S., but that does not mean they are without risk or always performed error-free. Hysterectomy malpractice can and does occur.

During a hysterectomy, all or part of the uterus is removed. It is typically removed to resolve other health problems such as uterine cancer, endometriosis, or chronic pelvic pain. The location of the uterus is what increases the risk of malpractice in a hysterectomy. It is very close to other internal organs, which can be damaged during the procedure, and the simple fact that it is a surgical procedure creates risk too.

Hysterectomy Complications

Most medical malpractice cases involving hysterectomy involve damage to other organs or post-surgical infections. Some of the more common complications due to hysterectomy are:

  • bladder injuries
  • ureteral injuries
  • perforation of the bowel or small intestine
  • mechanical obstruction of the intestines
  • vaginal vault granulation, and
  • post-operative infections.

Malpractice Liability

Not all hysterectomy-related injuries and infections qualify as medical malpractice. In order to qualify as a medical malpractice situation, there must have been negligence on the part of the doctor, clinic, or other medical professionals involved in the procedure. Examples of situations that would qualify as malpractice include:

  • negligent actions that caused or contributing to any of the injuries or complications listed above,
  • failure to inform the patient of the risks involved in hysterectomy,
  • failure to obtain patient permission to perform a procedure, except in emergency situations,
  • improper diagnosis and/or unnecessary surgery.

Proving Hysterectomy Malpractice

Simply experiencing infection, injury, or unexpected outcomes after a hysterectomy does not mean it is medical malpractice. The best way to determine if you have a hysterectomy malpractice case is to schedule a consultation with a medical malpractice attorney at The Beregovich Law Firm. Our medical malpractice attorney will examine your situation for signs of negligence and then work with you to gather proof of negligence to advance your case.

Schedule a free case consultation with Andres Beregovich at The Beregovich Law Firm with offices in Orlando and Miami by calling (800) 631-9009 or contacting us online.

Photo by Piron Guillaume on Unsplash

Vaginal Mesh: Complications Abound

Vaginal mesh is a surgical screen that is made from synthetic or biological polymers. It is used to help alleviate problems of stress urinary incontinence (SUI) or pelvic organ prolapse (POP) in women by providing reinforcement or support for tissues and bones in the area. Vaginal mesh is surgically implanted into the vaginal wall to provide this support and can be extremely helpful for women who are suffering from prolapse or incontinence problems.

However, it is a surgical procedure, and complications can arise; these may include: erosion, infections, and tearing of organs in addition to problems associated with the surgery itself, such as infections or medical errors.

Vaginal Mesh Helps And Harms

There is no doubt that vaginal mesh has been helpful for many thousands of women suffering from POP or SUI, but for a small subset of patients, the surgery has been life-changing – and not in a good way. The mesh can erode the vaginal wall, contract or shorten over time, and may even protrude through the vaginal wall. Women who experience complications from vaginal mesh report chronic pelvic pain, urinary problems, infections, pain with intercourse, bleeding, tearing of organs, and even a return of prolapse or incontinence. Unsurprisingly, many also report emotional distress.

Treatment often requires additional surgeries to repair or remove the mesh, and even if the mesh is removed, women can experience lifelong pain and discomfort.

Has Vaginal Mesh Turned Your Life Into A Nightmare?

Vaginal mesh complications can destroy a woman’s life, but help is available. Some products have already been recalled from the market. Others are coming under intense scrutiny as complaints mount. Surgical procedures have been adapted to minimize the chance of complications, surgeons are being better trained, and other non-surgical treatment options are proving to be just as effective as mesh without the risk.

If you have had vaginal mesh surgery and are experiencing complications or pain that you believe is due to the mesh, contact The Beregovich Law Firm with offices in Orlando and Miami for a free consultation. It is not uncommon for women to have problems arise months and even years after their POP or SUI surgery. We can help you determine if you have grounds for a medical malpractice or product liability lawsuit.

Schedule your free consultation with our medical malpractice attorney, Andres Beregovich, by calling (800) 631-9009 or contacting us online.

Photo by Olga Kononenko on Unsplash

Transvaginal Mesh For Pelvic Organ Prolapse Can Cause Problems, Even Years Later

Pelvic organ prolapse (POP) is a disorder in which a woman’s pelvic organs may shift out of place and extend downward into the vaginal canal. In severe cases, the organs may bulge out of the canal. Organs that may be affected by prolapse are: the bladder, uterus, rectum, vagina, and urethra. The condition happens when a woman’s pelvic floor muscles and tissues are too weak to hold the organs in place. This weakening can occur due to pregnancy and childbirth or simply due to aging.

Treatment for severe pelvic organ prolapse often includes the surgical insertion of transvaginal mesh. This mesh looks like a screen and is surgically implanted to provide additional support for the weak muscles and tissues. It physically holds the prolapsed organs in place. Transvaginal mesh is implanted through abdominal surgery, but can lead to unexpected complications.

Transvaginal Mesh For Pelvic Organ Prolapse Pulled From Market

All surgical procedures carry with them some element of risk. In addition to the fact that insertion requires abdominal surgery, which can carry risk in and of itself, vaginal mesh has been known to cause problems well after the surgical site has healed, sometimes years afterward. The most commonly reported problems are: mesh poking through the vaginal skin, causing “vaginal erosion,” chronic pelvic pain, and pain with intercourse. Other issues included recurring prolapse, infection, and vesicovaginal fistula formation.

These complications were so widespread that in April 2019, the FDA ordered manufacturers to stop distributing their products in the United States.

Discuss Your Situation With A Medical Negligence Attorney

There are thousands of women in the United States who have been treated for POP with transvaginal mesh, and problems are still cropping up. Many women are discovering that they are not alone in experiencing problems and discomfort after having transvaginal mesh attached to treat pelvic organ prolapse, and it is not all “in their heads.” The problems caused by vaginal mesh are real and can be quite severe.

If you are experiencing any pain or discomfort in your pelvic region or have concerns about your mesh, consult your doctor. It’s important to remember that many women experience no complications or discomfort after their procedures.

Just because you have transvaginal mesh does not mean it will cause you harm, but if you think it is causing you harm and want to explore your legal options, contact The Beregovich Law Firm for a free consultation. We have been working with women throughout Florida to help them obtain answers and closure for transvaginal mesh problems and complications.

Call The Beregovich Law Firm with offices in Orlando and Miami at (800) 631-9009 or contact us online to discuss your situation with our medical negligence attorney.

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Beregovich Law Firm Emerges as a Leader in Florida Medical Malpractice Cases

Andres Beregovich and The Beregovich Law Firm have been featured in yet another USA Today article that highlights the on-going problem of Florida physicians practicing without medical malpractice insurance. The article goes into the horrifying details of several cosmetic surgery procedures gone awry – and the patients who are out of luck trying to obtain compensation for their injuries.

Our firm has represented several patients who have suffered injuries due to botched cosmetic procedures. In many of those cases, they’ve been turned away by other attorneys who see no point in going up against a physician who doesn’t have the ability to pay. 

We see things differently and take on many of those cases to help patients obtain closure, and compensation if possible, but also to flag those physicians and clinics as dangerous and irresponsible. 

The Problem With Florida’s Approach

Florida isn’t the only state that does not require physicians to carry medical malpractice, or liability, insurance, but it is a leading destination for people seeking discount plastic surgery procedures. This creates a problem by attracting large numbers of patients to the state and then leaving them with no recourse when they are injured by poorly trained or uncertified physicians.

As Andres Beregovich explains, “Nobody is holding their feet to the fire to force them to demonstrate their financial responsibility.” 

This is a problem that won’t be remedied if attorneys are unwilling to challenge these practices in court. The situation is finally getting attention in the State Legislature and new laws go into effect in January 2020 that should help close some loopholes and better protect patients, but there still isn’t a requirement that physicians carry medical malpractice insurance. 

Andres Beregovich Fights for Patient Rights

“We want injured patients to know that they do have options. Even if other attorneys turned them down or told them they didn’t have a case or it wasn’t worth it. Call us, we are always willing to look at a situation and give a second opinion,” said Andres Beregovich.  
Schedule a free case consultation with Andres Beregovich at The Beregovich Law Firm by calling (800) 631-9009 or contact us online.

Photo by:

https://www.usatoday.com/

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The Beregovich Law Firm Stands Up To The Big Guys To Fight For Consumer Rights

Big corporations and large companies have several advantages over the “little guys” in court. Name recognition, a strong brand, a team of staff attorneys and deep pockets to name just a few. The thought of going up against well-known names or well-positioned companies is intimidating….and they count on that. Big players can afford to stretch out lawsuits until the plaintiff gives in. They can also continue to throw money at the case (or the plaintiff) until the problem goes away. In many cases, simply the threat of counter legal action against a plaintiff is enough for consumers to decide to drop their case and move on with their lives.

We think that’s wrong. Consumers who have been wronged have a right to bring legal action against the party that wronged them, even if that party is a multi-national corporation. Many attorneys won’t take David vs. Goliath cases like this. They see going up against such giants as a waste of time and a losing battle, so they don’t even bother. 

The Beregovich Law Firm is not like that. Andres Beregovich believes that everyone deserves justice and deserves a chance for their story to be heard – no matter who is sitting at the defense table. 

Recent Cases Highlight Andres Beregovich’s Tenacity

Several of our recent cases prove that we are willing to go against the odds and be the advocate that consumers need. 

One recent case involved Chase Bank and a missing safety deposit box. For 3 years, we fought for our client to hold Chase responsible for her lost property. If it weren’t for the statute of limitations affecting the case, we may have prevailed. As it is, the story has a happy ending thanks to an eagle-eyed friend of our client who alerted us to an auction where our client’s property was about to be sold.

Another example of Andres Beregovich going up against entrenched norms is his willingness to sue doctors for medical malpractice and his vocal demands that the Florida State Legislature close loopholes that allow cosmetic surgeons to operate without regard for patient safety. Representing injured patients in Florida, a state where medical malpractice insurance is not required is, again, something many attorneys will not do. Quite simply, without an insurance company to pay out damages, there’s not enough money in it for most attorneys to bother.

The FIU bridge collapse is another example of how our firm will not be swayed by big names to turn the other cheek and let victims suffer in silence. Our husband and wife clients were both injured in the accident and have had trouble getting insurance to pay out for their injuries. Unable to work and with mounting medical bills, this couple came to us in desperate straits, seeking help from someone who would advocate for them and stand up to the intimidation tactics they were facing. 

A Different Attorney With A Different Approach

If you have even been told you “don’t have a case” or “it’s not worth it” by another attorney, it’s time to give Andres Beregovich a call. Andres is a true advocate for victim’s rights and will pursue your case no matter who you are up against. 
Call The Beregovich Law Firm to schedule a free case consultation. You’ll receive an honest assessment of your situation and practical advice on the next steps. Call (800) 631-9009 or email us to schedule a consultation.

Documentation Is Crucial To Daycare Negligence Lawsuits

Winning a daycare negligence lawsuit means proving that the daycare provider breached their duty of care to prevent injuries and provide a safe environment for children. Simply accusing the providers of being negligent in this duty of care won’t win any cases. Like all personal injury cases, you need proof or evidence. 

Documentation is one way to provide evidence that the daycare provider was negligent and therefore bears responsibility for the accident and any injuries that occurred. Documentation can take many forms including eyewitness statements, police reports, medical examinations and reports, medical bills, photographs and videos. 

Gathering Evidence in Daycare Negligence Cases

How can parents go about gathering evidence in daycare negligence cases? 

  1. Visit a doctor for the child’s injuries. If your child has been injured at daycare, visit a doctor to be treated for the injury or schedule a check-up with your pediatrician if the injury is minor. Ask for copies of the examination results and any tests results and keep a record of all of your medical bills and expenses. This helps establish a paper trail of medical documentation by providing proof of injury and the extent of the injury as well as the costs associated with that injury. All of this information can be used to determine lawsuit compensation awards.
  2. Photographic Evidence. They say a picture is worth a thousand words and this is certainly true in daycare negligence lawsuits. If appropriate the injury, take photos of the scene of the injury. Did the child fall off a swing only to land on had concrete or asphalt, not woodchips? Is there a hot stove in the daycare center that is accessible to children? Are there too many kids relative to the number of daycare workers? All of these photos can back up your claim that the daycare center was negligent in their duty to provide care.
  3. Hire a Daycare Negligence Attorney. You don’t have to try and collect all of this evidence by yourself. Talk to a daycare negligence attorney right away to A) see if you have a case and B) handle evidence collection for you. An attorney can gain access to much more evidence than you could yourself and it saves you the trouble of having to try and gather evidence from what will likely be an uncooperative daycare provider.

The Beregovich Law Firm Fights For Families

If your child has been injured in a daycare accident and you need help determining what action to take, contact Andres Beregovich at The Beregovich Law Firm and schedule a free consultation. Andres will examine the facts surrounding your case and offer you an honest assessment and advice for the next steps. 

Contact The Beregovich Law Firm at (800) 631-9009 or email us to schedule a consultation.

New Legislation Aims To Protect Patients From Uninsured Plastic Surgeons

Florida has become a medical tourism hotspot, adding $6 billion to the state economy every year. It sounds like a boon for the state, but there is a dark side. A lack of consumer protections have led to an alarming situation where patients are suffering injuries, or even dying, after what are considered routine cosmetic procedures. A lack of medical malpractice insurance requirements, poor oversight by the state, and unscrupulous providers have led the Florida State legislature to enact a new law that closes loopholes and makes cosmetic surgery in Florida safer – and it is long overdue, according to our medical malpractice attorney, Andres Beregovich:

“Clinics have been getting away with murder. We use a violation of statute 766.110—the liability of healthcare facilities – in almost every single lawsuit for medical malpractice because it says that healthcare facilities are liable to their patients to do things like carefully select medical staff, write out hiring procedures, and maintain safety policies. Most healthcare facilities are not in compliance with the law and are not meeting minimum requirements, and most doctors at these clinics aren’t carrying medical malpractice insurance, knowing that lawyers won’t want to prosecute cases against those without it. The doctors and the clinics act in concert with each other and conspire, in my opinion, to limit their liability as much as possible.”

New Law Offers Better Consumer Protections 

The new law is supposed to improve consumer protection by closing some of the loopholes that have made cosmetic surgery in the state unsafe. For the first time ever, the state will be able to discipline office facilities, owners, and operators (in addition to physicians) who are found to be in violation of office surgery rules. Doctors can lose their license immediately if a patient dies or is injured. Doctors who operate clinics must register with the Department of Health and undergo annual inspections and will be prevented from opening new facilities or clinics if their previous clinic was closed due to malpractice. If a clinic is shut down for violations, the doctor won’t be able to open a new clinic for 5 years.

Although we are pleased to see the state take some action against these dangerous providers, more could be done to protect consumers. 

“One thing the statute doesn’t do is mandate that both the surgery centers and the surgeons carry malpractice insurance. Without that, there’s no way to cover the loss for a patient who died or was critically injured. The new law is great because it brings awareness and increases penalties so that maybe some of these doctors will adhere to stricter compliance, but it doesn’t immediately help the injured patient,” says Andres Beregovich.

Representing Injured Patients

The Beregovich Law Firm has represented several clients who have been injured during a cosmetic surgery procedure gone wrong. This is in stark contrast to tort attorneys who won’t take the cases because there is little chance of recovering damages thanks to the lack of malpractice insurance requirements.

Andres explains, “It’s not about the monetary awards. It’s about this entire situation being wrong and being dangerous for patients. These doctors and clinics have chosen not to carry malpractice insurance as a way to avoid liability because they know the chances of being sued without that insurance protection are very low. That’s not right.”

If you have been injured during a cosmetic procedure and would like The Beregovich Law Firm to examine your situation to see if you have a case, call (800) 631-9009 or schedule a free consultation online.

Photo by: New Legislation Aims To Protect Patients From Uninsured Plastic Surgeons

Case Update: Long-Lost Safety Deposit Items Show Up At Orlando Auction

In 2017, we represented a woman who lost over $100,000 worth of valuables after a banking institution misplaced the safety deposit box she had used to safeguard her property. Despite the bank’s negligence in protecting her property, the personal injury case was lost on a technicality – the statute of limitations to bring forth a lawsuit had run out. Her valuables were lost forever. 

Or so we thought.

Chance and Luck Combine to Recover Lost Valuables

In 2019, a chance glimpse at a news report led our client to an auction being conducted by the Florida Department of Financial Services’ Unclaimed Property Division. A friend happened to see a news report on the upcoming auction, forwarded the clip on to our client, who then noticed one of the necklaces up for auction was one she had stored in the safety deposit box.

The client contacted us immediately and we rushed to the auction site armed with the affidavits, appraisals, and court documents that had been used in her case against the bank. Amazingly, all of her missing safety deposit box valuables were there. Somehow, her items had been turned over to the state as unclaimed property. 

“We were fortuitous and lucky that our client’s friend saw the news segment. Her property would have been auctioned off underneath her nose without her ever knowing about it,” Andres Beregovich, Esq. said.

In the end, our client was able to recover all of her lost property.

Click here to read the full story in the Orlando Sentinel.

Perseverance Pays Off

This case is a perfect example of how perseverance and chance can sometimes combine to influence a case outcome. It was chance that led our client to check her safety deposit box in 2016, only to find her valuables missing. It was perseverance that helped us bring the case to court. It was chance that the friend saw the news report and perseverance that drove the client and attorney Andres Beregovich to the auction site, ready to recover her property. It was by chance that all of her property was still intact and together and it was perseverance that meant The Beregovich Law Firm still had all of the case files and proof of ownership needed to recover the property. 

If you are in need of legal representation in a personal injury case, contact The Beregovich Law Firm today at (800) 631-9009 or email us to arrange a consultation to discuss your situation. We will provide you with an honest assessment of your situation and advise you of your best options. 

Protect Your Child From Daycare Negligence: 7 Things to Look For When Selecting a Daycare Provider

It’s hard enough leaving your child with a daycare provider to go to work. It’s even harder when the news is filled with horror stories of children who have been neglected or injured at daycare facilities. What can parents do to ensure they are choosing a safe and qualified daycare provider?

Although daycare negligence is a scary concept, it doesn’t usually “just happen”. There are clues that can indicate whether a facility is at risk of suffering a negligence-related injury. While there is no guarantee that a negligent situation won’t arise, daycare facilities that proactively work to limit risk are less likely to encounter such situations. 

7 Criteria That Can Help Parents Gauge Daycare Negligence Risk

Here are a few things that reduce negligence risk in daycare facilities; parents should look for at these criteria when selecting a daycare facility: 

  1. Caregiver to child ratios. In general, lower ratios will result in better care; the more adults there are who are able to look after the children the better. The State of Florida does mandate adult to child ratios as part of daycare licensing. Legal ratios range from 1 adult for every 4 infants to 1 adult for every 25 children over the age of 5. 
  2. State License. Large daycare centers must be registered with the State. This ensures regular inspections by state officials. Family daycare homes are not licensed or inspected by the State, though they do have to register with the State. Ask to see the appropriate credentials when interviewing daycare providers for your child. 
  3. Easy access to first aid supplies. First aid supplies should be on-site and within easy reach of adults. 
  4. Proper safety standards. Take a good look at the safety features that are in place at the site. Is the outside play area fenced in? Is the playground equipment in good repair with wood chips or sand underneath to minimize fall damage? Are outlets covered and dangerous chemicals locked away from children? Do they have protections in place to prevent children from “wandering” into areas they should not be or worse, getting out the front door alone?
  5. Adequate access to food and water. It’s incredible that parents even have to ask this question, but make sure the children have access to water throughout the day and have a set snack and meal schedule? 
  6. Proper bathroom facilities. Again, this should go without saying, but make sure there are clean and functioning bathroom facilities at the site! 
  7. Employee checks. Ask what protections are in place for hiring employees? Do they undergo a background check? Do they have policies that employees must sign that forbid all forms of physical, mental, emotional and/or sexual abuse? What kind of training do employees receive and how frequently?

Contact The Beregovich Law Firm With Daycare Negligence Questions

If you have concerns about your daycare facility or think your child may have suffered from daycare negligence, contact The Beregovich Law Firm. Our Florida daycare negligence attorney can help determine if the incident was a simple accident or if negligence may be at play.   

Call (800) 631-9009 or email us to arrange a consultation to discuss your situation today.