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Category Archives: Medical Malpractice
Florida Court Slams Doctor for Trying to Manipulate Outcome of Malpractice Trial
In a medical malpractice case, there may be multiple parties responsible for a victim’s injuries. Conversely, a physician or medical provider may try to deflect attention away from his or her own negligence by claiming other parties were partly or solely to blame. Florida law can get complicated in this area, and as a… Read More »
Study Details Concentration, Demographics of Medical Malpractice
While most doctors do a good job treating their patients, there are still thousands of treatment mistakes made every year which rise to the level of medical malpractice. But just how widespread is medical malpractice. According to a recent study published in the New England Journal of Medicine, malpractice appears to be heavily concentrated… Read More »
Do Not Ignore the Time Limits for Filing a Medical Malpractice Claim
If you have been injured due to the medical malpractice of a physician or other health care provider, it is essential you file your claim in Florida state court as soon as possible. This is because all civil lawsuits are subject to a “statute of limitations,” which is a time limit imposed by the… Read More »
Florida Appeals Court Reiterates Opposition to Medical Malpractice Caps
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 »
Will the Florida Supreme Court Strike Down Caps on “Noneconomic” Damages?
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 »
The Importance of Expert Testimony in Medical Malpractice Cases
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
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
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 »
The Top Five Challenges to Winning Your Medical Malpractice Case
1. The statute of limitations Generally, you must bring your lawsuit within two years of the date that you discovered or should have discovered that your injuries were caused by medical malpractice. Unless a doctor or institution conceals the malpractice, patients cannot sue a healthcare provider more than four years after the malpractice took… Read More »
Did Your Doctor Miss your Heart Attack?
American Medical Association statistics show that one out of every three heart disease patients are misdiagnosed by their doctors. While some patients do present themselves at an emergency room with classic chest pains, tingling left arm and shortness of breath, many do not. In some cases physicians overlook some of the softer symptoms of… Read More »
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