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Category Archives: Medical Malpractice
When Does “Ordinary Negligence” Become “Medical Malpractice”?
It can sometimes be difficult to distinguish medical malpractice 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… Read More »
Florida Supreme Court Voids Private Malpractice Arbitration Agreement
Florida’s medical malpractice 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… Read More »
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… Read More »
Florida Sheriff, Medical Contractor Face Lawsuit Over Inmate’s Death
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?
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
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 »
Second Florida Court Rejects “Cap” on Malpractice Damages
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?
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
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 »
Florida Supreme Court Invalidates Nursing Home Arbitration Agreement
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 »
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