Judge Rules Against Doctor in Medical Malpractice Lawsuit

A Miami doctor is in hot water after losing a high profile medical malpractice case. Dr. Osak Omulepu is now facing a fine and probation thanks to mistakes he made during plastic surgery procedures in early 2015. Nyosha Fowler was one of the patients who testified against Dr. Omulepu during the trial. She said she spent 2 days in a coma following her Brazilian Butt Lift procedure. Donna McRae also testified, claiming that she suffered from similar injuries after having the same procedure performed on the same day in May 2015.
For Fowler, the search for the popular butt lift procedure drew her to Miami all the way from her home in Michigan, where she lived with her two sons. “I was at the hospital for four months for an experience that was supposed to be an in-and-out procedure,” Fowler told reporters. Her mother, Rosaland Durham, also testified against Omulepu during the trial. Both Fowler and McRae claimed that they suffered from organ punctures during their procedures.

Omulepu admitted that he made a mistake. According to court documents, he “pushed the cannula at an inappropriate angle through a thick layer of muscle called the abdominal wall. A surgeon is required to operate with a level of skill and care to be able to discern between subcutaneous fat and muscle tissue while passing the cannula through the patient.”

This mistake was not a small one. The small tube that was supposed to suction fat from the patient’s stomach or back and then inject it into the backside, was used incorrectly. Fowler ended up with fluid leaking into her abdominal cavity through a hole in her colon. McRae said that she had extreme pain after the procedure and doctors later did exploratory surgery and discovered punctures to her liver, chest, and abdominal wall.

Despite the seriousness of Omulepu’s errors, the judge’s verdict does not stop him from practicing medicine. This is highly concerning to McRae and Fowler, who fear that other patients could also suffer from serious injuries if they turn to Omulepu for similar cosmetic procedures. Both women had hoped the trial would result in the doctor losing his medical license for good. The state medical board will review the verdict of the case and determine further steps. Fowler said that she plans to be there to see the votes in person.

“These kinds of massive medical errors cannot be excused or explained away,” said personal injury attorney Christopher Ligori of Tampa. “Both of these patients were incredibly fortunate that they did not lose their lives due to the surgeon’s errors. This could have ended in much greater tragedy. Hopefully the medical board will give strong thought to whether this doctor should be allowed to continue scrubbing into an operating room in the future.”

Fowler and McRae have both recovered well from their injuries, but it has been a long and grueling process. They hope that future patients won’t have to endure the same difficult experience over an elective, cosmetic procedure.




Intubation Errors Rank Among Leading Causes for Medical Malpractice

According to recent reports, intubation errors are one of the leading causes for medical malpractice lawsuits in the United States. This has caused some surprise as most people assume that medical malpractice cases are more often tied to surgical errors or misdiagnosis. Instead, it seems that anesthesiologists are much more frequently targeted in medical malpractice cases. These healthcare professionals are responsible to giving safe and effective care for patients before, during, and after procedures. Unfortunately, anesthesia errors are common and they can happen in multiple settings including hospitals, urgent care facilities, and even dental clinics.

The most common anesthesia errors involve intubation. Patients who are intubated have an endotracheal tube inserted to provide breathing assistance. The tube is connected to a ventilator machine, which regulates oxygen flow to maintain safe and consistent levels for a patient who is under general anesthesia or who is unable to breathe independently.

Several things can go wrong with intubation. One of the most common causes is simple negligence. Intubation requires close and careful patient monitoring with continuous adjustments to the ventilator to insure proper oxygen levels. Patients can also sustain injuries during intubation, where the airway is compromised or injured.

Anesthesia errors can also include problems with drug interactions or allergic reactions. These types of complications are fairly common and improper anesthesia administration can lead to significant nerve damage, blood pressure problems, and even death.

There are four general types of anesthesia where errors can occur. Under general anesthesia, a patient is unconscious and relies fully on the healthcare providers to monitor all vital signs. Under general anesthesia, patients are sometimes intubated. Regional anesthesia is used to numb a particular region of the body, such as an entire leg or an arm. Local anesthesia provides numbing on smaller areas, like around a wound during a dermatologist treatments or around a tooth during an extraction. Spinal and epidural anesthesia is given through an injection placed close to the spinal cord. This is often used during childbirth for pain management.

Sometimes anesthesia errors can be fatal. The most severe anesthesia complication is a prolonged loss of oxygen. Within just a few short minutes without oxygen, patients can suffer from serious and long-term brain damage. Known as cerebral hypoxia, this depletion of oxygen is one of the most common intubation errors that leads to medical malpractice lawsuits around the nation.

“It’s always scary to face a medical procedure that requires general anesthesia or intubation,” said Tampa attorney Christopher Ligori. “The increase in intubation errors makes it even more alarming for patients that are facing upcoming procedures.”

Medical malpractice attorneys can assist patients and their families after intubation errors. If you or a loved one has experienced life altering consequences of an anesthesia error, consult a medical malpractice attorney for assistance. Your attorney will explain your legal rights and help you gather the medical records and evidence needed to file a lawsuit and pursue compensation for medical expenses, lost wages, and emotional suffering.


May 2, 2017

After Murder Conviction, Things Get Even Worse for Patrick Evans

Patrick A. Evans has already been through a legal nightmare. Convicted of murdering his wife and her friend in 2008, Evans thought the worst was behind him. However, it was only just beginning. Now Evans is facing more legal trouble as a jury ruled that he must pay $54 million to the estate of Jerry Taylor, one of his victims. Yet another wrongful death lawsuit representing his former wife is still being argued in court.

The wrongful death case was explosive from the start. The jury ordered Evans to pay $54 million including a $4 million sum for pain specifically inflicted against the victim’s young daughter, Francesca. The girl was only 7 when her father was murdered and the jury was obviously moved by a recorded deposition with the grieving child. Evans was also ordered to pay $50 million in damages and an addition $26,000 for court expenses.

In the beginning of the lawsuit, Evans had a defense attorney to represent him, but the attorney eventually withdrew before the case went to trial. Evans did not attempt to even fight the lawsuit after that. Already, the convicted killer was facing life in prison without parole or the death penalty. There is no way he will be able to pay the full amount ordered by the court, but his existing assets will be used to cover as much as possible. Evans owned a home on the water in St. Pete Beach, an airplane, and a condo.

Before the murder, Evans worked as vice-president of Jabil. He was in charge of handling the Asia division of the company’s business. However, his personal life took a dark turn as he plummeted into a third divorce. That’s when he murdered his estranged third wife and her friend in their Florida home.

Following the wrongful death lawsuit, court battles have continued in the Florida Supreme Court. In late 2015, the court overturned the conviction and death sentence for Jabil, ordering a retrial. The state attorney vowed to continue seeking the death penalty but then the Supreme Court ruled that the death penalty could only be used in unanimous jury verdicts. Now facing another trial for the same crimes, Evans’ fate is resting in the hands of 12 new jurors. If they vote unanimously that he is guilty, it could still land him on death row. Evans’ defense attorneys have filed rapid emergency petitions to try to stall the process.

So far, Evans roller coaster case has done nothing except buy him time. He still faces two potential first-degree murder convictions, which will be hard to escape thanks to 911 recordings that managed to partially capture the shooting as it unfolded.

Christopher Ligori, a Tampa personal injury attorney, said the case will probably continue for many months. “In retrials like this, you can expect repeated stalling tactics. That is one of the ways that attorneys work the court system to gain small advantages that can add up in big ways when a final verdict is delivered.”




April 3, 2017

What Makes A Good Law Firm?


Whether you’re an individual with a legal issue looking for a personal lawyer or emerging business looking for someone to handle legal aspects of your business start or a developed company in need of highly professional legal representation, having a good law firm to assist you is a great advantage. This great advantage is sometimes not easy to be found. Here are some main characteristics of a good law firm you should search for.

Success based upon quality

LawYou want to hire a professional from a law firm that shows the obvious leadership and the idea of gaining reputation and success based upon a true long-term quality relations with clients. This can only be achieved through honest dedication, professional approach, responsibility and continuous striving towards higher levels of quality service. Good law firm knows that any other approach might cause a short-term hype, but in the long run, success requires reliability.

Versatile practice, but keeping a focus

Legal and law world nowadays is rather dynamic, and it’s hard to find a good lawyer that covers all the fields with the adequate knowledge and experience. Depending on the matter of your case, you want to hire a lawyer specialized in that particular area. Smaller law firms tend to focus all their activity into one specific law field, but larger companies employ teams of lawyers, each of them specialized and dedicated to a certain matter so that the company can provide versatile practice to various clients. However, each client will be assigned to a lawyer specialized in the required legal field.

Well organized and managed firm

Law-teamSolid and clearly organized structure and confident, determined approach are what attracts clients. The firm has to reflect its power through the image of a skilled, capable and we-know-what-we-do organization. It is exactly the style every client wants to see in his personal attorney representing him in the court. It goes particularly for law firms dealing with a misdemeanor or criminal law, the fields requiring high skills and superb experts’ knowledge due to a lot at stake in the court. Finally, the same clear organization should be applied onto prices. Clients should be informed clearly about the fees, bills, overall costs, so they can prepare and know exactly what they are paying for. Unpleasant surprises create a bad reputation. After all, being honest and fair to all your clients adds a moral aspect to your high professionalism, and every client wants to be treated with respect and compassion.




April 3, 2017

Warning Signs That Discover A Bad Lawyer


The mere fact that you had to hire a lawyer means that you are dealing with some serious legal issue that requires professional assistance. Choosing a dedicated, experienced, educated and fair lawyer that will truly fight that legal procedure for you or with you is an essential aspect of winning the case. However, there are plenty of aspects that make a good lawyer. Skills and results in the courtroom are just one of them. Fees and the overall cost of the lawyer, the style, and attitude, as well as the mere personality of the lawyer play a significant role too. If you don’t have any previous experience with hiring an attorney, you can easily make a wrong choice. However, even if you realize you’ve chosen a bad professional in the middle of the trial procedure, remember that a contract with a lawyer is not a lifetime commitment. Here are some signs of a potentially bad lawyer. If you keep seeing them in your expert, consider hiring another one.

Good communication and determined action plan

Bad-lawyerIf you find yourself frequently waiting for the answers, direction, and updates from your attorney, trying to reach him and failing, being left on hold on for quite some time, not being instructed properly and on time about important aspect, maybe you should bring up the communication issue with your chosen lawyer. Sometime, this turns out to be just a technical issue which can be solved if both of you determine a precise scheme of communication. If this fails, you are being neglected, and you should hire another expert. A similar thing goes for the action plan. You lawyer should get some time to analyze the case and come up with a strategy. But this strategy should be clearly exposed to you and should get the regular updates about every next step in the process. If you get an ongoing impression of everything being postponed, delayed, slowed down or circling in a spot, find someone to deal with a case.

Lawyer’s personality counts too

LawyerOk, the fact is that you need him to solve your legal issues in the best possible manner, but since the important matter in your life is at stake and you’ll be spending quite some time with him, you should feel comfortable with that expert as a person. The best lawyers deal with people, not with cases and tend to make clients feel safe and reassured, instead of nervous, worried and tensed.

Result matter the most

All the aspect above of the cooperation with a chosen lawyer matter and tend to make a difference reflected onto the whole case, but the results on the court are what matters the most. If you get the feeling that you’re constantly getting bad results or worse – no results at all, consider asking for a second opinion or hiring a brand new professional.

April 3, 2017

Tips For Finding A Good Business Lawyer


Many entrepreneurs hire in a short-term a general lawyer prior founding their own business to help them handle the legal issues of the mere business foundation. However, once the business emerges and starts expanding, you will need a legal representation and a steady, mutually beneficial relationship with a chosen business lawyer. There’s a saying that a good legal advice costs and the bad one are easy to find. If you don’t have a previous experience with business lawyers, here are some useful tips on how to choose a good lawyer for your business or company.

Consider lawyer when the time is right

Business-lawNot all the clients and their businesses require a legal advising and presentation at the same stage of development. Some clients hire a lawyer before founding a business. Others consider lawyer after a certain period when the gained budget of the company allows it. However, the primary advice is to hire a lawyer before realizing any crucial decision or change. If you are considering some new contracts, establishing a partnership or accepting investor’s money, the best is to have a legal expert monitor the process. Ask around for a good business lawyer recommended by the people you trust or simply compare various business lawyers or law firms and their prices and choose the one that suits your needs.

Hire the right kind of lawyer

Most general lawyers and business attorneys are capable of providing a basic set of services, such as setting various contracts, a partnership agreements or simple negotiations. These services usually suffice at the mere beginning of your business’s development. However, when the company reaches significant size and power, you should consider a more specialized attorney. If you hire one general business lawyer to be your regular chosen lawyer, he’ll direct you to the right kind of specialized attorney. These attorneys are usually narrow focused onto one specific field of business and provide high-quality expert’s advice. These attorneys should understand the mere nature, steps of the process and requirements of your business and adjust all the documents and services according to your specific needs.

Use optimal share of budget for a lawyer

BusinessKeep in mind that a good legal advice costs, but the high cost is not always a guarantee of the quality service. Discuss the fees openly with your potential attorney and feel free to negotiate, ask or change a lawyer. Most lawyers use fees per hour, some of them charge a total bill at the end of a given project. However, try to find the fine balance between the quality of service, the budget you can afford and the fees of the attorney.

Law and legal firms for bigger businesses

Aside from individual attorneys, you can always consider hiring specialized law and legal firms providing legal services. These companies gather various types of lawyers in their teams, so you’ll probably get the whole service at one place, but it goes with significant price. However, law firms vary in size (and fees), so look for the firm that fits into your budget and meets your specific needs.


Reasons To Hire A Real Estate Lawyer


Buying or selling a real estate is one of the biggest investments in your life, and you want it done properly, legally accurate and profitable for you. Whether you are the owner selling a property or a buyer or tenant, it is highly recommended to have a chosen real estate agent or a lawyer to assist you during the transaction and make sure every legal issue is conducted properly. You can always try to buy or sell on your own or ask some layman for advice, but the professional and experienced real estate lawyer makes all the difference. Here’s a brief overview of some benefits of hiring a real estate lawyer.

Large scale of services a real estate lawyer offers

Real-estate-lawIf hiring a truly dedicated real estate lawyer, you will get so much more than just legal advice. These attorneys will monitor all the process of the transaction and intervene in every phase including legal issues. A real estate attorney can help you gain an accurate valuation of the real estate at stake. He will prepare correspondence and negotiate on behalf of you. Every real estate goes with a several required licenses and state regulation that should be properly obtained. When creating a final contract, real estate lawyer will apply all his knowledge and experience to cover and protect all your rights, watch for your obligation, ensure the contract is good for you and check for hidden risks, problems or faults that you probably wouldn’t know about on your own. Frequently, various conflicts and issues arise during the process that has to be settled between involved attorneys or rarely even in the court.

Benefits of real estate lawyer if you are buying

Real-estateAside previously mentioned aspects of the real estate transaction when a lawyer comes truly handy, there is some specific situation when a legal help is particularly needed. If you’re buying a commercial real estate, you will face much more legal issues compared to the buying of a residential real estate. Especially if you are buying a real estate in another country. When buying any real estate property that goes with some legal issues, structural problems, debts involved or any other similar tricky aspect, have a professional handle that. It goes for the real estate that includes any damage, defect, specific conditions or any other aspect that can influence safety or the total price of it.

Benefits of real estate lawyer if you are selling

As much as the buyers are at the risk of investing a large amount of money that should truly pay off, the sellers tend to gain the highest price for the real estate they’re selling. The first benefit of a real estate lawyer is to find ways to sell your property for the maximum possible price, even if it’s poorly maintained or defect in some way. Selling a commercial property or a real estate you share with a business partner are particularly complex transaction when hiring a professional is highly recommended.

Legal Issues In Commercial Real Estate Transactions


Compared to the residential real estate transactions, commercial real estate investment involves far larger sums of money, as well as higher risks when investing or purchasing. Far more aspects require analyzing and solid estimation to gain lucrative transaction. With a lot at stake and many issues that might arise during the procedure, it’s a wise strategic move to hire an experienced lawyer to handle the commercial real estate transaction on behalf of you or at least to monitor the process. Here’s a list of some common legal issues occurring in this procedure.

Adequate valuation of the property

Real-estate-and-lawA myriad of factors determines the accurate value of a given real estate. The true value varies depending on the size and condition of the building, location, quality of the interior, age and use and traffic connections. You have to know all these aspects and how to calculate the accurate overall value, whether you are selling, renting or purchasing the real estate. To make a wise and lucrative investment, the best is to hire an attorney, have him inspect the real estate and offer you the estimation of the current market value before you make any definite transaction.

Estimating financial risk

The actual value of the real estates is under the strong influence of the general economy and market fluctuations. There are sometimes obvious periods when trading real estates is not a wise investment. Also, renting a real estate ties up certain liquid assets for some time which can cause significant financial problems if you end up struggling with collecting rents. These are all risks on a long run, and you can never predict them precisely, but the expert’s eye and evaluation can certainly help you come up with the best predictions and wise investment.

Have a lawyer to conduct a due diligence

Real-estate-law1The trust and respect of the fair play are welcome, but when it comes to doing serious business, every reasonable person will investigate the other part prior signing any contract. It goes both to real estate and to a person renting it selling it or purchasing it. It is just another aspect of the transaction that a professional with the experience should handle. When it comes to real estates, one of the best examples when due diligence is a crucial method is to check up if a given real estate possesses all required licenses, adjusted zoning for the property and adequate installations.

Attorneys are experts for negotiation

Another aspect of commercial real estate trading that is better if handled by a hired professional is the mere process of negotiation. An attorney specialized in this field of law and legislation are educated and experienced enough to know how to gain the best trade on behalf of you. They usually know plenty of useful tricks and strategic combinations that lead to the lucrative cost-benefit effect.

Finally, always have your chosen lawyer to check the assumption of liability of the real estate. Do the legal issues properly and won’t have further issues with law.


Legal Aspects Of A Divorce Procedure


A major policy of every state is to keep a family as a basic model of society. However, divorces happen, and the number of divorces is a constant increase, so pretty much all companies providing law services include family law attorneys. If you find yourself facing a divorce procedure, especially if that is your first encounter with a legal system, hiring a family lawyer is highly recommended. Courts, lawyers and the legal system won’t resolve the complex emotional aspect of the divorce, but they will properly direct resolving of the legal and financial issues. Being prepared for the process by getting all the necessary information and explanations of the following steps is the best way to go through it in a less troublesome manner. But having an experienced professional to guide you makes it all even more convenient.

Wanting a divorce is not enough

Divorce-procedureHowever, twisted it might sound, there are minimum legal requirements you have to fulfill to file a petition for divorce and get it granted. Most of these regulations refer to the, so called, residency requirement. The residency requirement is a required amount of time the state obligated you and your spouse to be regular residents of a given state to file for divorce. This period is usually six months. Also, you can only divorce in your permanent state. The original place of the wedding doesn’t count. Before filing for divorce both of you have to have regular personal documents and to be present during the process. Also, many states impose separation period before actual divorce in an attempt to save a marriage.

Property division and practical issues

The major policy of all laws dealing with a divorce is to provide fair and proper treatment of both spouses, as well as the optimal conditions for a post-divorce lifestyle for both. The more agreement spouses manage to achieve without legal intervention, the easier procedure gets. However, dividing total property, including real estates, money, cars and other assets, especially if there is a lot gained during the marriage, will take time and significant paperwork. Again, best handled by an attorney aside you.

Heavy aspects involving children

DivorcesDetermination of child custody, the scheme of visitations and financial child support are probably the most dramatic and emotionally disturbing aspects of a divorce procedure. The law handles it strictly technically, but most attorneys and judges pay a lot of attention to the touchy emotional aspect. The legal system, also, determines, the minimum and total amount of alimony or spousal support if needed and sets regulations to control this payment. The general rule is to set required frame of rules and to leave spouses to make some internal arrangement inside of this frame if they are in agreement.

When things get complicated

Depending on the relation and the level of tension between spouses going through a divorce, the procedure often ends up in the court in front of the family law judge. If spouses accompanied with their attorneys fail to come up with all required agreements, the family law judge will intervene and resolve the issues. Unfortunately, this process costs, especially if you disagree and decide to appeal or second-guess.