Recent Blog Posts

Florida Court Tosses Jury Malpractice Verdict Due to Insufficient Expert Testimony

By Paul B. Genet |

A physician has a legal and ethical duty to advise a patient of the material risks of a proposed surgical procedure. When a physician fails to obtain the patient’s “informed consent,” and the patient suffers injury as a result, it may be grounds for a medical malpractice lawsuit. However, Florida law does require any… Read More »

Is a Florida Bar Owner Liable for a Drunk Driver’s Actions?

By Paul B. Genet |

Everyone understands the dangers of drunk driving. Over a ten-year period nearly 8,500 people died in alcohol-related car accidents in Florida alone, according to statistics published by the U.S. Centers for Disease Control and Prevention. If you have been injured due a drunk driver’s negligence, you may be wondering if the people responsible for… Read More »

Can a Doctor Make You Sign Away Your Right to Sue for Malpractice?

By Paul B. Genet |

If you are seriously injured due to medical malpractice, you have a protected constitutional right to pursue your claims before a jury. As an alternative, Florida law does provide for voluntary arbitration—that is, resolution of your claims before a group of private judges without a jury—under certain circumstances. If the medical provider is willing… Read More »

Florida Supreme Court Rejects Insurance Company Delay Tactics

By Paul B. Genet |

There are unfortunately too many cases where a person is injured in an auto accident and the negligent driver lacks sufficient insurance to pay for the damages. To protect against such a contingency, you can purchase uninsured motorist (UM) coverage as part of your own auto insurance policy. In fact, Florida law requires insurers… Read More »

Post-Judgment Interest Can Make a Big Difference to Malpractice Victims

By Paul B. Genet |

In a medical malpractice case, winning a jury verdict is usually not the end of the matter. There may be a lengthy appeals process, followed by delays in receiving payment from the negligent doctor or medical provider. This is why Florida, like most states, requires payment of post-judgment interest on any damage award. For… Read More »

How Florida Deals With Traumatic Brain Injuries During Childbirth

By Paul B. Genet |

Medical malpractice always imposes hardship on its victims. But when physician or hospital negligence causes a traumatic brain injury to a child, the consequences are even more devastating. Such injuries often lead to a lifetime of costly medical care and exact an emotional toll on the parents. To deal with such cases, the Florida… Read More »

Negligence vs. Medical Malpractice

By Paul B. Genet |

It might seem odd to defend against a claim of negligence by arguing you actually committed medical malpractice. But in Florida there may be good reason to offer such a defense. Florida has much stricter standards for medical malpractice lawsuits than ordinary negligence or personal injury claims. This can allow a clever defendant to… Read More »

Florida Court Slams Doctor for Trying to Manipulate Outcome of Malpractice Trial

By Paul B. Genet |

In a medical malpractice case, there may be multiple parties responsible for a victim’s injuries. Conversely, a physician or medical provider may try to deflect attention away from his or her own negligence by claiming other parties were partly or solely to blame. Florida law can get complicated in this area, and as a… Read More »

Study Details Concentration, Demographics of Medical Malpractice

By Paul B. Genet |

While most doctors do a good job treating their patients, there are still thousands of treatment mistakes made every year which rise to the level of medical malpractice. But just how widespread is medical malpractice. According to a recent study published in the New England Journal of Medicine, malpractice appears to be heavily concentrated… Read More »

Do Not Ignore the Time Limits for Filing a Medical Malpractice Claim

By Paul B. Genet |

If you have been injured due to the medical malpractice of a physician or other health care provider, it is essential you file your claim in Florida state court as soon as possible. This is because all civil lawsuits are subject to a “statute of limitations,” which is a time limit imposed by the… Read More »

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