Recent Blog Posts

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 »

Florida Supreme Court Invalidates Nursing Home Arbitration Agreement

By Paul B. Genet |

On September 22, the Florida Supreme Court issued an important decision for anyone who lives in a nursing home. The Court ruled that an arbitration agreement signed by a family member, but not the resident, was not binding on the latter. This is welcome news for victims of nursing home abuse and medical malpractice… Read More »

Is a Teaching Hospital Liable for the Medical School’s Malpractice?

By Paul B. Genet |

Many Florida hospitals have teaching affiliations with medical schools. This means that faculty and residents employed by medical school have staff privileges at the hospital. But the hospital is not necessarily responsible for any acts of medical malpractice committed by such doctors. Tampa Hospital Off the Hook for Fatal Colon Cancer Surgery Specifically, Florida… Read More »

Florida Supreme Court Rules Doctor Can Be Tried Over Patient’s Suicide

By Paul B. Genet |

Depression and other types of mental illness can have devastating consequences for its victims. Physicians who treat mental illness therefore have a special responsibility to ensure their own actions do not aggravate a patient’s condition. Tragically there are cases where a physician’s medical malpractice has led patients to commit suicide. Did “Abruptly” Taking Patient… Read More »

Can a Nursing Home Compel Arbitration of Abuse Claims?

By Paul B. Genet |

Nursing home abuse is sadly an all-too-common problem in Florida. Many elderly nursing home residents are victims of abuse, neglect, and poor living conditions. To protect themselves, many nursing homes try to avoid abuse-related lawsuits by pressuring residents to agree to binding arbitration. In many cases, a nursing home resident may sign away valuable… Read More »

Florida Court Dismisses Wrongful Death Lawsuit Against Hospital Accused of Falsifying Records

By Paul B. Genet |

Florida law treats medical malpractice differently than most personal injury cases. If a normal person is negligent, and you suffer an injury as a result of that negligence, you can sue that person for damages in court. But when the negligent person is a health care professional, Florida law grants him or her special… Read More »

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