Recent Blog Posts

Florida Appeals Court Reiterates Opposition to Medical Malpractice Caps

By Paul B. Genet |

Florida courts continue to push back against the legislature’s imposition of caps on “noneconomic” damages in medical malpractice cases. Last year the Florida Fourth District Court of Appeal held such caps were unconstitutional. That case is now on appeal to the Florida Supreme Court. But in the meantime, the Fourth District has once again… Read More »

Amendments to Florida’s “No-Fault” Rules May Hurt Accident Victims’ Recovery

By Paul B. Genet |

Florida is a “no-fault” state with respect to auto accidents. This means all drivers must carry auto insurance policies that provide “personal injury protection” in the event of an accident. You must carry at least $10,000 in personal injury protection, although you may certainly purchase a higher amount of coverage. Unfortunately, simply carrying no-fault… Read More »

Will the Florida Supreme Court Strike Down Caps on “Noneconomic” Damages?

By Paul B. Genet |

In 2003, Florida lawmakers decided to limit “noneconomic” damages in medical malpractice cases. This means even when a jury decides a plaintiff is entitled to a certain amount of compensation for injuries sustained due to a medical provider’s negligence, the judge may reduce the award to ensure it complies with the legislature’s arbitrary cap…. Read More »

Who Can Be Held Liable in a Wrongful Death Lawsuit?

By Paul B. Genet |

When a person dies due to someone else’s negligence, even if it is unintentional, the victim’s family may have a cause of action for wrongful death. Under Florida law, a party is negligent when it violates a duty owed to the victim. Such a duty exists whenever a person “undertakes to provide a service… Read More »

The Importance of Expert Testimony in Medical Malpractice Cases

By Paul B. Genet |

Although many people associate medical malpractice solely with physician error, other health care providers, such as emergency medical technicians, can seriously injure (or kill) patients by failing to follow an appropriate standard of professional care. After all, when you call 911, you expect emergency workers to respond and provide necessary medical care. When they… Read More »

Understanding the Role of Arbitration in Florida Medical Malpractice Cases

By Paul B. Genet |

When a patient intends to bring a medical malpractice lawsuit under Florida law, the health care provider (or his insurance company) can make an “an offer to arbitrate in which liability is deemed admitted and arbitration will be held only on the issue of damages.” In some cases, arbitration offers a quicker and less… Read More »

Understanding the Patients’ Right to Know About Adverse Medical Incidents

By Paul B. Genet |

In medical malpractice cases, Florida patients have certain legal rights when seeking information about about a health care provider’s past actions which may have hurt other patients. In 2004, Florida voters approved an amendment to the state’s constitution (known as Amendment 7) which expressly provides “patients have a right to have access to any… Read More »

Proving Loss of Future Earnings and Medical Expenses Following an Accident

By Paul B. Genet |

An auto accident can leave a victim with permanent injuries that affect their ability to work and pay for future medical expenses. In order to recover such damages in a personal injury lawsuit, a victim must adequately document any losses of potential future earnings or anticipated medical expenses. While juries may be sympathetic to… Read More »

Florida Toxic Mold Contamination

By Paul B. Genet |

The Collier County School District reported that mold was discovered at two local elementary schools during the summer recess. The mold was removed before teachers and students returned to school in mid-August. According to school officials, surface mold was found in the carpeting and on whiteboards, cabinets, walls and student desks. The district believes that… Read More »

Protecting Yourself from Florida Uninsured Motorists

By Paul B. Genet |

Some drivers hurt by uninsured or underinsured drivers are never fully compensated for their injuries. The chances of that happening to you may be greater than you think. Although Florida drivers are penalized for driving without insurance, Florida has one of the highest rates of uninsured drivers in the United States. Most drivers have… Read More »

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