Nancy La Vista Esq.

Partner Nancy La Vista is a board-certified civil trial attorney and is board-certified in medical malpractice. Formerly, a founding partner at Clark, Fountain, La Vista, Littky-Rubin & Whitman, she brings to Halberg & Fogg, PLLC years of medical malpractice litigation experience.

A former critical care nurse and dialysis administrator, Nancy La Vista uses her extensive knowledge of the healthcare industry to help clients with every type of medical malpractice claim.  These include birth injuries, failure to diagnose, delayed diagnosis, or misdiagnosis, surgical errors, and wrongful death. In addition, Nancy specializes in health-related claims including medical products, negligent medical credentialing, and medical whistleblower.

In her 34 years of representing injured clients, Nancy has earned numerous seven figure verdicts and seven and eight figure settlements for her clients throughout Florida and the United States. Some of Nancy’s most notable cases include a $35,000,000 verdict for the family whose son was born with severe birth defects due to medical negligence while at the hospital. In another case, Nancy obtained an $11,500,000 verdict for a client who was left brain-damaged after surgery inserting steel rods into his spine which migrated into his brain.

An advocate for all women, Nancy led an all-female trial team on behalf of a single mother injured in a rear-end crash. The trial lasted 4 days when the female trial team secured a $4,900,000.00 verdict.

Nancy La Vista has been recognized by the prestigious Best Lawyers in America for more than 25 years for her distinguished representation of plaintiffs in Medical Malpractice, Personal Injury Litigation, and Product Liability Litigation. Her exceptional legal expertise and unwavering commitment to her clients have secured her place in the 2024 and 2025 editions of the Best Lawyers List for these specialized areas. 

Nancy has been consistently recognized on the Super Lawyers list since 2007, marking over 17 years of acknowledgment as a leading attorney in the field. Her significant influence in the legal community is also reflected by her inclusion among the TOP 50 Women Lawyers in Florida and the TOP 100 Lawyers in Miami for the past nine years. Additionally, her expertise and proficiency in high-stakes litigation have earned her positions on both the Top 100 Florida Super Lawyers and the Top 50 Women Super Lawyers in Florida lists.

In 2023, Nancy was featured on Jupiter Magazine’s Top Lawyer’s List for her achievements in medical malpractice law, honored as one of the 2023 Women Leaders in Law by Florida Trend. These accolades are a testament to her extraordinary dedication and skill in advocating for victims of medical negligence.

In 2022, Nancy was honored with the Compassionate Gladiatrix Award by the Florida Justice Association during their Annual Workhorse Seminar in Orlando, Florida. Established in 2009, this prestigious award recognizes a lawyer with more than 30 years of experience and a national reputation for representing clients with courage, integrity, and generosity. It celebrates those who demonstrate outstanding communication and persuasion skills, and the character traits of warmth, kindness, and empathy, embodying the virtues of strength, skill, heart, and drive. Nancy has made significant contributions to the legal profession through teaching, training, mentoring, and serving as a role model in both the practice of law and in life.

Since 2019, Nancy has been named annually to Florida’s Legal Elite by Florida Trend Magazine and to Palm Beach Illustrated’s Top Lawyers list. In 2012, Nancy was recognized as a finalist in the Daily Business Review’s Most Effective Lawyers. During her presidency in 2010, the Palm Beach County Chapter of the American Board of Trial Advocates (ABOTA) was voted Chapter of the Year. In 2011 and again in 2013, Nancy was voted Palm Beach County Chapter’s Trial Lawyer of the Year. In 2013, Nancy served as the President of the state branch, Florida American Board of Trial Advocates and was recognized as the Palm Beach County’s Trial Lawyer of the Year.

Nancy’s hobbies include her passions of horseback riding and competitive bill fishing.

Legal Victories: in addition to those cases mentioned above Nancy has also successfully litigated other claims including but not limited to the following:

Nancy La Vista and Michael Smith obtain $3 Million in Arbitration in Medical Negligence Case and A Confidential Settlement from the remaining defendants

Attorneys Nancy La Vista and Michael S. Smith won a $3,079,966.33 arbitration award plus $461,994.95 in attorney’s fees for their clients for the wrongful death of a wife and mother of five.

On March 6, 2019, the patient presented to the hospital and was admitted. Despite a pending consult and severely abnormal blood work, the hospitalist discharged the patient.

Having worsened, the patient returned to the hospital. She was then erroneously diagnosed. Although transferred to an Orlando facility for treatment and the correct diagnosis made, it was too little too late. The patient died on March 20, 2019.

Nancy La Vista and Michael S. Smith represented the Personal Representatives on behalf of the surviving spouse and the four surviving children under 25. Sadly, Florida law prevents surviving children over the age of 25 from bringing a wrongful death claim as a result of medical malpractice.

At arbitration, the attorneys were able to demonstrate the devastation caused to this young family before the victim’s death and successfully resolved the remaining claim.

Negligent Placement of a Feeding Tube Causes Devastating Death of Patient

Nancy La Vista pursued a claim against the United States of America Veteran’s Hospital for the wrongful death of their patient caused by  the negligent placement of a feeding tube.

The feeding tube was initially placed by a doctor into the stomach, however, the tube became dislodged and was replaced by nursing staff. 

Inexplicably, the nursing staff began feeding the decedent before they obtained an x-ray to confirm proper placement of the tube in the stomach. After the decedent began gasping for air, it was determined that the feeding tube was inadvertently inserted into the lung and punctured through it. As a result, the decedent developed pneumonia and sepsis, causing a horrendous and untimely death.

Confidential Settlement Reached for Failure to Diagnose Critical Condition Resulting in Death

After surgeries or with use of narcotics, it is not uncommon to have decreased bowel function. Called an ileus, the bowel acts like it is paralyzed. Consequently, any oral intake is not digested placing the patient at risk for regurgitation, vomiting and aspiration. Nancy has litigated multiple cases where simply placing an NG tube to suction would decompress the bowel and allow it to be appropriately managed. Without appropriate management, the patient is at risk of cardiac arrhythmias, aspiration and death.

In this most recent case, the patient aspirated and died. Partner Nancy La Vista and Attorney Michael Smith successfully resolved the case for a confidential amount on behalf of the surviving spouse.

Confidential Settlements Reached for Failure to Diagnose a Spinal Critical Condition Leading to Paraplegia

When a patient presents to the emergency room with the constellation of difficulty with bladder and bowel function, back pain, elevated white count. possible fever, an epidural abscess should be ruled out. 

An epidural abscess is an infection that forms between the spinal cord and outer lining of the cord known as the epidural space.  The underlying infection causes cord compression.  Untreated, the compression can cause paralysis or even death.

The symptoms of the infection include back pain, difficulty urinating, bilateral weakness of the legs and or arms.  This is a neurosurgical emergency. 

Partner Nancy La Vista and Attorney Michael Smith successfully resolved this case for a confidential settlement that allowed their client to enjoy a better quality of life and lessen her concern about her inability to work in the future. 

Confidential Settlement Reached on Behalf of Infant for the Wrongful Death of her Mother Following Childbirth 

Partner Nancy La Vista and Attorney Michael Smith obtained a confidential settlement on behalf of an infant for the death of her mother just hours after childbirth. 

After a cesarean delivery, the child’s mother sustained a postpartum hemorrhage that went undiagnosed and untreated, ultimately leading to the death of the new 26-year-old mother. With no identification of any father, the baby was adopted by her aunt in Florida. 

Nancy La Vista and Michael S. Smith Obtain Confidential Settlement for Brain-Damaged 13-Year-Old Girl Who Also Suffered an Amputation

When our clients’ daughter spiked a fever of 105, they immediately took her to the emergency room where she was  diagnosed with bronchitis and pneumonia. Concerned about sepsis, an echocardiogram was ordered.

A 3-day delay in reading the test and while the child’s condition worsened – it erroneously was read as normal.  In fact, there was a vegetation in the heart, a cardiac emergency. Because of her worsening condition, the parents arranged for their daughter to be transported to a tertiary center children’s hospital for critical care, where it was discovered that the original echocardiogram was misread.

Despite emergency treatment, the child suffered clots throughout her body resulting in a massive stroke and amputation of her left leg. Partner Nancy La Vista, Attorney Michael S. Smith resolved the case for a confidential amount allowing the family to provide the care and treatment necessary for the rest of the child’s life.