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Suffering Due To Medical Malpractice


It was a simple procedure—a circumcision—something done to infant boys fairly routinely across the country.  But this time it was anything but routine.  The surgeon—Dr. Berto Lopez– bungled the procedure, and the infant lost one-third of his penis. Additionally, his urethra was damaged. Records indicate that earlier in his career, the same doctor had completely amputated a baby’s penis. The impact on these youngsters and their parents will last a very long time.  What recourse is there for families who suffer this kind of medical buffoonery?  A local personal injury attorney who is familiar with medical malpractice can answer your questions.

Do No Harm? 

What ever happened to the Hippocratic Oath—that promise doctors make to do no harm?  Unfortunately, there are those in the medical profession who are there to simply line their own pockets. In the case of Berto Lopez, 14 serious injuries and six fatalities are connected to his mistakes. Nonetheless, he managed to keep his medical license here in Florida for 33 years. How can that be possible?  It’s simple—and troubling.

Florida 3 Strikes Law 

Under Florida statute, doctors who have three incidents of medical malpractice are prohibited from practicing medicine in the Sunshine State.  So how do physicians like Berto Lopez manage to stay in business for decades?  It all comes down to how medical malpractice is determined:

  • There must be an order issued saying as much from the licensing agency;
  • There must be a judgment issued in a court of law as a result of a civil lawsuit;
  • There must be a decision of binding arbitration.

Because the majority of medical malpractice cases are settled confidentially out of court, doctors can easily slip under the radar, continuing to cause misery, and even death, through medical malpractice.  In the situation of Dr. Lopez, young boys were mutilated because the law in Florida failed to remove Lopez from the profession.

Personal Injury Lawsuits 

Sometimes medical outcomes are less than what we’d hoped for.  An operation may not relieve someone’s pain, a treatment may not cure a disease, despite excellent care.  But when there is a breach in the standard of care provided due to negligence, recklessness, or outright failure to meet commonly accepted standards, that is something different altogether.  If significant harm resulted from such a breach of care, it may be worth considering filing a medical malpractice suit.  While it cannot correct the medical error, it can provide compensation:

  • Compensatory Damages: These are basically the pain and suffering, or intangible costs of the malpractice.  In Florida the cap is $500,00.
  • Economic Damages: These are the costs associated with the medical event in question.  Costs related to reparative surgery, medicines, physical therapy, lost wages, counseling, and such costs are included here.

File a Case Now! 

If you or a loved one has been seriously harmed as a result of medical malpractice, you should be aware of the fact that there is a two-year statute of limitations for filing a lawsuit.  At Salazar & Kelly Law Group, P.A., our Kissimmee medical malpractice lawyers are dedicated to obtaining the best possible outcomes for you.  Schedule a confidential consultation in our office today.



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