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What Does a Hospital’s Rating Mean in Relation to Medical Negligence?

You may not always have a choice of hospitals when you need surgical services — but checking the rating of hospitals beforehand can help you mitigate the risk of a medical mistake. As any experienced Clearwater malpractice attorney knows, checking a hospital’s rating before you walk through the front door can often mean the difference Read More

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When Does “Ordinary Negligence” Become “Medical Negligence”?

It can sometimes be difficult to distinguish medical negligence from ordinary negligence cases. Health care providers exploit this confusion by trying to improperly classify the latter as the former. Florida law protects doctors and hospitals by making injured patients jump through more regulatory hoops just to bring a malpractice claim. Court Finds Transport Injury Is Read More

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Florida Supreme Court Voids Private Malpractice Arbitration Agreement

Florida’s medical negligence laws provide for a system of “voluntary binding arbitration” that is supposed to make things easier for victims. In submitting to arbitration, the health care provider must admit liability. The arbitration is therefore limited to a determination of damages. The health care provider must also assume all costs associated with the arbitration. Read More

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How Do I Know My Future Medical Expenses Following a Car Accident

Following a car accident or a similarly traumatic event, you may be liable for thousands of dollars in medical expenses. If your injuries were the result of a third party’s negligence, you can certainly file a personal injury lawsuit and seek compensation for these medical costs. One thing to keep in mind, however, is that Read More

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Florida Court Rejects Constitutional Challenge to Birth Injury Law

Many Florida babies suffer serious birth injuries as a result of medical malpractice during delivery. Florida law provides a form of “no-fault” coverage for such injuries through the Neurological Injury Compensation Act (NICA). Under NICA, the parent of a child with birth injuries must first file an administrative claim for these no-fault benefits. Only if Read More

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New Studies Question Link Between “Tort Reform” and Malpractice Insurance Rates

Florida has some of the strictest limits on medical negligence lawsuits in the country. Although the state’s courts have rolled back some of these limits, malpractice victims often face an uphill climb just to get their day in court. And while health care professionals (and Florida legislators) insist restricting victim’s rights are necessary to guard Read More

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Florida Sheriff, Medical Contractor Face Lawsuit Over Inmate’s Death

Florida law holds medical negligence plaintiffs to higher standards than persons alleging ordinary negligence. There are cases, however, that involve both types of claims. It is important to understand this distinction, as a court may be forced to dismiss a malpractice claim while allowing negligence and similar charges to proceed to trial. Judge Rules Sheriff’s Read More

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Did Lexiscan Distributors Fail to Warn Patients About Heart Attack Risks?

Medical malpractice is not always the result of physician negligence. Doctors rely on pharmaceutical companies to provide them with safe and effective drugs to treat their patients. But when a drug maker fails to exercise “ordinary care” and produces a defective or dangerous product, it can lead to a medical malpractice claim against not only Read More

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Holding Florida Midwives Responsible for Birth Injuries

Shoulder dystocia is a frightening complication that can occur during childbirth. During a vaginal delivery, the newborn’s shoulder may get stuck. This can stretch or tear the nerves connecting the child’s spinal cord to their shoulder and arm. While this injury is usually temporary and will heal, with some children there is permanent damage. Judge Read More

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When Is a Florida Car Owner Liable for an Auto Accident?

Since the 1920s, Florida courts have applied a “dangerous instrumentality doctrine” when assessing liability for auto accidents. Basically, this doctrine holds that the owner of any motor vehicle is vicariously liable if they “voluntarily entrust” said vehicle to a person “whose negligent operation causes damage to another.” The idea behind this rule, as the Florida Read More

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Paul Genet
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