E-News Issue 3

Firm's Lawsuit Against Moffitt Cancer Center in Tampa Makes Major Headlines
After receiving 50 percent more radiation than what was prescribed to him by his doctors due to improperly calibrated equipment at the H. Lee Moffitt Cancer Center in 2004, John Graham is now confined to a wheelchair and his right arm is paralyzed. Tomas Gamba of Gamba & Lombana is representing Mr. Graham and his wife Pauline in a lawsuit against Moffitt. Reports about the suit appeared in The St. Petersburg Times and The Tampa Tribune on Aug. 26th, the day after it was filed in Hillsborough County Circuit Court.
Firm Files Wrongful Death Suit in Case of Hialeah Nursing Home Blaze
Charles Labastilla believed that he was leaving his mother, Graciela Labastilla, in good care at the K&K Adult Care Center in Hialeah . Instead, Graciela had to be rushed to the hospital due to severe smoke inhalation and other related complications after the assisted living facility where she resided went up in flames in Oct. 2005. She died two days later while in the hospital.
Evaluating the Medical Malpractice Case
While many complain when they become dissatisfied with their doctors or healthcare providers, the level of negligence and the resulting injury must be significant in order to warrant the filing of a medical malpractice claim.
Med-Mal Fee Cap Waiver Ratified
In a victory for medical malpractice victims and a setback for doctors, the Florida Supreme Court has allowed medical malpractice plaintiffs to waive limits on attorney contingency fees. The court held that plaintiffs may waive the fee limits if they sign an appropriate waiver.