Recent Blog Posts

Florida Judge Awards Air Force Veteran $500,000 Due to VA Malpractice

By Paul B. Genet |

The U.S. Department of Veterans Affairs is one of the largest health care providers in the country. Unfortunately, the VA often fails in its mandate to provide medical care for those who have honorably served their country. Medical malpractice is rampant at the VA, according to a 2015 report from the department’s own inspector… Read More »

Understanding the Legal Risks of Plastic Surgery in Florida

By Paul B. Genet |

Plastic surgery is big business in Florida and throughout the country. According to the most recent figures from the American Society of Plastic Surgeons (ASPS), more than 1.7 million cosmetic procedures were performed in 2015. And while most plastic surgery is safe and non-invasive, when something does go wrong and there is medical malpractice,… Read More »

How Does Uninsured Motorist Coverage Benefit Me Following a Car Accident?

By Paul B. Genet |

Uninsured motorist (UM) coverage provides benefits when you are injured in a car accident caused by a driver who lacks sufficient insurance to compensate you for medical expenses, lost wages, and non-economic damages such as pain and suffering. Florida law requires all automobile insurance carriers to offer UM coverage, but unlike personal injury protection—i.e.,… Read More »

Florida Law Keeps Many Valid Malpractice Cases Out of Court

By Paul B. Genet |

Florida’s strict medical malpractice laws often deprive injured patients of their right to a day in court. Before a victim may even attempt to sue a negligent doctor, there must be a “presuit investigation” to establish that there are “reasonable grounds” for the malpractice complaint. Among other thing, the victim must present an affidavit… Read More »

Do Both Parents Have to Consent to a Child’s Surgery Under Florida Law?

By Paul B. Genet |

A physician may be liable for medical malpractice in Florida if he or she fails to obtain a patient’s informed consent before performing a surgical procedure. “Informed consent” means more than a quick description of the procedure. Florida law requires the doctor give the patient “a general understanding of the procedure, the medically acceptable… Read More »

Can I Seek Punitive Damages Following a Car Accident?

By Paul B. Genet |

If you are injured in a car accident due to another driver’s negligence, you have the right to seek damages to compensate you for your losses. In certain cases, you may also be entitled to seek punitive damages. Unlike compensatory damages, which are designed to make the injured victim whole, punitive damages are intended… Read More »

Study Claims “Medical Error” Is the #3 Cause of Death in the U.S.

By Paul B. Genet |

Although Florida legislators have made it more difficult in recent years to bring medical malpractice claims, the truth is that physician error is an often underreported cause of serious injury or death. In fact, a major study recently published in a prominent medical journal offers some sobering statistics about medical error and patient deaths…. Read More »

Florida Court Tosses Damage Award Over Expert Testimony

By Paul B. Genet |

If you have been seriously injured in an auto accident, you may face significant bills for past and future medical expenses related to your treatment. If the accident was caused by someone else’s negligence, you can seek to recover those expenses through a personal injury lawsuit. But a court will require expert evidence to… Read More »

Florida Doctor Sanctioned for Misconduct During Malpractice Trial

By Paul B. Genet |

Medical malpractice cases usually involve negligence in the context of providing ordinary medical care. But there are instances when malpractice is just part of a larger offense to a victim’s dignity and basic human rights. A recent Florida appeals court decision in a case that has taken nearly two decades to resolve illustrates the… Read More »

Should Filing a Medical Malpractice Lawsuit Mean Giving Up Your Privacy Rights?

By Paul B. Genet |

The Florida Supreme Court has agreed to hear yet another appeal related to medical malpractice. This case addresses a 2013 law adopted by the Florida legislature that significantly compromises a patient’s right to medical privacy. A plaintiff pursuing a medical malpractice case on behalf of her late husband has asked the Supreme Court to… Read More »

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