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Greetings!

At Taylor, Warren & Weidner, we are dedicated to assisting those who need legal guidance. All of our firm's attorneys began practicing law with the goal of helping people and that vision remains today. With that vision in mind, we are poised to dedicate our knowledge and resources to you through this monthly newsletter.

 

Sincerely,
Taylor, Warren & Weidner, P.A.
850-438-4899
The Sinister Side of Surgery:  Complications from DaVinci Surgeries
 
The robotic arms that comprise the DaVinci robot. 
Image: Intuitive Surgical Systems
 
The prospect of having to undergo invasive surgery can be scary.  A patient places her health, and in some cases, her life, in the hands of the surgeon who is operating on her. In recent cases those hands are not human hands at all, but rather robotic arms that are controlled by a surgeon.  While technological advances in healthcare can lead to improved health outcomes, if not used properly, they can cause complications.  Recent research about the use of the DaVinci robot for surgical procedures may be cause for concern.

The DaVinci robotic surgery procedure allows for complex surgeries to be conducted in a minimally-invasive manner.  It allows a surgeon to make very small incisions.  The benefits of doing surgery this way are less pain, reduced swelling, improved healing, less blood loss, and shorter hospital stays. Many DaVinci surgeries have been successful--nearly half a million Americans underwent a DaVinci surgery.  Alarmingly, a number of DaVinci surgeries did not go so well causing increased media and government scrutiny.

The cable news station, CNBC, recently launched a four part investigation into the use of the DaVinci robot in surgery after a spike in lawsuits. To access the CNBC report, please click here. The report indicates that since 2000, the Food and Drug Administration (FDA) has a record of at least 85 deaths and 245 injuries related to DaVinci surgeries. There are additional reports that suggest these numbers may not be accurate and that the actual numbers may be much higher. 

The main problems associated with the use of the DaVinci robot in surgery are burns and other heat related complications.  A number of lawsuits have also been filed because organs have been nicked during surgery leading to internal bleeding and infections. As a result of the lawsuits and increased numbers of reported complications, the FDA is looking into the safety of the device. For more information, please read here.

Most surgeons are excellent at what they do and go well beyond the basic standard of care. While no surgery is 100% safe, you should be aware of the potential dangers associated with surgeries using the DaVinci Robot in order to make an informed decision. Surgeons are required to use reasonable care when treating patients and that means the surgeon should have sufficient training on the DaVinci before they operate. 

Before you undergo any surgery with the DaVinci Robot, make sure you ask your doctor what training he has had to use this new technology and how many times he has performed surgery using the DaVinci without a proctor. If you or a loved one have recently undergone surgery using a DaVinci robot and have experienced discomfort or other complications, you may have a medical malpractice case. Please contact the medical malpractice experts at Taylor, Warren & Weidner, P.A., for a free consultation online or by phone at (850) 438-4899.    
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Surgical Procedure
Q&A
   

Q
. What types of surgery are there?

A. In general, there are three categories of surgery: non-invasive, minimally-invasive, and invasive.   Non-invasive surgical procedures are those that do not break the skin.  Minimally-invasive surgery occurs when the surgeon makes a number of smaller incisions. Invasive surgery, also referred to as open surgery, requires one large incision.

Q. How does a surgeon nick an organ?

A. Although most surgeries are performed by highly skilled surgeons using the latest techniques and equipment, mistakes can occur even by the best surgeons. One of the golden rules of surgery is to never cut what you can't see.  One of the most damaging mistakes occurs when a surgeon inadvertently nicks or cuts an organ with the sharp blade of a scalpel. 

Q. What are the complications that result from an organ being nicked?

A. Oftentimes, when an organ is nicked, the cut is too small to be noticed.  The patient is then stitched back up without the nick being repaired. The nick can cause a number of complications including infections and internal bleeding. If the nick is not diagnosed quickly and repaired, it can result in significant long term injuries to the patient or even death.
Community Spotlight

 

HOT GLASS, COLD BREW Flower Power edition takes place on Fri., May 3 from 5 p.m. to 9 p.m. at its location at 1060 N. Guillemard St. (on the corner of Guillemard and Gonzalez Streets). A suggested donation of $25 for non-members and $20 for members gets patrons a one-of-a-kind hand-blown glass cup or clay mug that you can fill with complimentary beverages all evening long.

 

Join the First City Glass and Pottery Artists in your grooviest attire and have a chance to create your own glass flower. As FCA's glass and pottery artists demonstrate their creative skills, raffle tickets will be drawn each half-hour with the winner being given the chance to create their own unique glass flower. All event patrons will receive a raffle ticket upon entrance and be eligible to win all evening long. All winners must be present to win.

Come dressed in your grooviest outfits and win a chance t
o Make Your Own Glass Flower with Resident Glass Artist Sam Cornman.

Patrons will enjoy complimentary pizza, brew courtesy of Pensacola Bay Brewery and a couple of special brews by the Escambia Bay Homebrewers; alcoholic* and non-alcoholic beverages, live music by Acoustic Traveler, live art demos and more. Arrive early since these collector cups go fast! For more information call 429-1222.
Case Spotlight 
Don't Let ERISA Erase Your Claim  

The Employee Retirement Income Security Act of 1974 (ERISA) is the federal law that governs employee benefits.  This includes private disability insurance known as long term disability (LTD) and short term disability (STD) benefits. Private disability insurance can be quite valuable because it protects a worker's income in case they get injured or become sick and cannot go back to work.
 
When a client of ours recently encountered a challenging health condition and applied for disability benefits with an insurance company, his claim was denied.  Through the efforts of one of our compassionate attorneys, we were able to not only get our client the benefits he was owed, but we were able to improve the quality of health care he received.

Our client suffered from a number of debilitating ailments including intense headaches, stiffness throughout his body, and full-body spasms that caused him to fall.  As a result, he could no longer work and he filed for disability. Although his doctors could not identify what was causing his strange symptoms, they all certified that he was very sick and could no longer work. When he filed his disability claim, the insurance company denied the claim asserting that they didn't have to pay unless he had an official diagnosis.  They even went so far as to suggest that our client was faking.

At that point, our client contacted attorney Stephanie Taylor. Stephanie Taylor agreed to take on the insurance company.  Not only did Stephanie Taylor begin to enforce her client's legal rights, she also conducted her own medical research. Stephanie Taylor identified an extremely rare condition which matched her client's symptoms.  The condition only affects one in every one million people.  Ms. Taylor met with her client's doctors and told them what she had found. All the doctors agreed and were able to provide better treatment after they discovered the correct diagnosis.

Even after presenting this new information to the insurance company, the claim was still denied.  Stephanie Taylor filed an ERISA lawsuit in federal court to enforce our client's rights.  Before going to trial, the insurance company changed course and agreed to provide benefits.  Our client was able to secure benefits to pay for his living expenses and was able to receive proper medical treatment.

Disabled workers who file a disability claim that is governed by ERISA need an attorney who specializes in ERISA law. We at Taylor, Warren & Weidner, P.A., have the experience required to handle the complexities of ERISA litigation. We are able to quickly sort through the details of an ERISA disability insurance policy in order to enforce our clients' rights and obtain optimal results. If you think you have an ERISA disability claim, please contact us for a free consultation at (850) 438-4899.
Partner Spotlight
Stephanie Taylor   

Stephanie A. Taylor received her Bachelor of Science degree from the University of Colorado in 1988. She earned her Juris Doctorate degree with honors from the Florida State University College of Law in 1993. At Florida State University, she was the president of the College of Law Student Bar Association, a member of the trial team and a recipient of the Book Award in Elder Law.

Ms. Taylor is licensed to practice law in the state courts of Florida and California, the United States District Court of the Northern District of Florida, and the United States Eleventh Circuit Court of Appeals.

Ms. Taylor began her law career in 1993 as an associate with the law firm of McKenzie and Soloway, P.A. In 1998, she became a partner at the law firm of McKenzie, Taylor & Zarzaur, P.A. In 2006, she, along with Phillip Warren and Keith Weidner, left the McKenzie firm to form the law firm of Taylor, Warren & Weidner, P.A. She is a member of the Academy of Florida Trial Lawyers, Association of Trial Lawyers of America, and Escambia-Santa Rosa Bar Association. Ms. Taylor practices in the areas of insurance disputes, disability law, including ERISA, Social Security/SSI, serious injury and wrongful death.       
About Taylor, Warren & Weidner, P.A.

From an office in Pensacola, Florida, Taylor, Warren & Weidner, P.A. ("TWW") represents individuals throughout Escambia County, Santa Rosa County and the surrounding areas. As a firm focused on helping people, we offer personalized legal services and effective client advocacy. Our firm offers legal counsel to people at times when they need it most.

 

At TWW we have a firm culture of placing the interests of our clients first and serving those interests with professional, ethical and zealous advocacy. Preparation, devotion and resolve is the trademark of our successful firm. We are proud of our record and tradition of excellence. The firm's careful preparation and experience ensures that each case will be clearly developed and persuasively presented to achieve the most optimal level of success. At TWW we use cutting edge technology and innovative methods to develop and present our clients' cases.

 

The lawyers and staff at Taylor, Warren & Weidner have been privileged to represent thousands of clients in resolving their legal problems. We take great pride in knowing our cases have helped victims recover from life changing events. We are proud of the fact that our advocacy has benefited our clients and changed the way insurance companies treat everyday people for the better. Our cases help improve the way products are manufactured, roads and buildings are designed and constructed, and health care is provided. At TWW, we speak for the victims of those who have been injured by the negligence of others, treated unfairly by the powerful, and who are in need of justice.

 

Taylor, Warren & Weidner, P.A. began with the simple vision of creating an unparalleled team of legal professionals to deliver the best results possible to clients. Our dedication to our clients has allowed us to successfully fulfill our vision and experience immediate growth.

 

Today, TWW maintains the same results-oriented vision. The dedication to our clients continues to drive our success. While we have expanded our staff and services, we have never lost sight of the reason for our success. We hope you will give us the opportunity to show you why our clients trust us to deliver the best results possible.