Recent Blog Posts

Florida Court Rejects Constitutional Challenge to Birth Injury Law

By Paul B. Genet |

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… Read More »

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

By Paul B. Genet |

Florida has some of the strictest limits on medical malpractice 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… Read More »

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

By Paul B. Genet |

Florida law holds medical malpractice 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… Read More »

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

By Paul B. Genet |

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 mass tort claim against… Read More »

Holding Florida Midwives Responsible for Birth Injuries

By Paul B. Genet |

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…. Read More »

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

By Paul B. Genet |

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… Read More »

Second Florida Court Rejects “Cap” on Malpractice Damages

By Paul B. Genet |

Last year, a Florida appeals court held that a state law limiting certain types of damages in medical malpractice cases was unconstitutional. That decision was appealed to the Florida Supreme Court, which heard arguments this past June. But at least one other Florida court is not waiting for the Supreme Court to rule, and… Read More »

What Types of Damages Can I Expect in a Florida Medical Malpractice Case?

By Paul B. Genet |

Medical malpractice cases generally involve allegations of negligent care against a doctor, hospital, or another medical provider. If the plaintiff can prove there was negligence, he or she is entitled to recover monetary damages. Florida law generally recognizes three categories of damages in personal injury cases: economic, noneconomic, and punitive. Economic Damages The most… Read More »

The Malpractice Risks of Seeking “Holistic” or “Integrative” Medical Care

By Paul B. Genet |

Many Florida residents turn to alternative medical providers to treat a variety of ailments. Some of these providers are “naturopaths” who purport to combine modern science with traditional healing methods. In recent years a number of doctors have also billed themselves as practitioners of “holistic” or “integrative medicine,” which one advocacy group defines as… Read More »

Who Is Liable for Dog Bite Injuries in Florida?

By Paul B. Genet |

Every year approximately 600 Florida residents are hospitalized due to injuries arising from dog bites, according to the state Department of Health. Children under the age of six and boys between the ages of 6 and 14 are the most frequent victim of dog bites. But a dog bite is a serious matter no… Read More »

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