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Medical Negligence
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When Does “Ordinary Negligence” Become “Medical Negligence”?

It can sometimes be difficult to distinguish medical negligence 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 Is Read More

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Florida Supreme Court Voids Private Malpractice Arbitration Agreement

Florida’s medical negligence 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 arbitration. Read More

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Florida Sheriff, Medical Contractor Face Lawsuit Over Inmate’s Death

Florida law holds medical negligence 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 Sheriff’s Read More

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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 negligence 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 has Read More

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What Types of Damages Can I Expect in a Florida Medical Negligence Case?

Medical negligence 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 common Read More

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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 a Read More

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

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 negligence committed by such doctors. Tampa Hospital Off the Hook for Fatal Colon Cancer Surgery Specifically, Florida law Read More

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Miami “Brazilian Butt Lift” Surgeon Faces Serious Malpractice Charges

Many victims of medical negligence may be reluctant to file a lawsuit against a doctor or health care provider. But in many cases, such actions by patients are the only way to ensure a negligent health care provider is held accountable. Florida regulators are often slow to act even against doctors with a history of Read More

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Florida Medical Negligence Law Can Force Victims to Pay Doctor’s Legal Fees

Florida law can make it extremely difficult for victims of medical negligence just to get their day in court against a negligent health care provider. Among other legal barriers, Florida requires victims obtain an “expert” affidavit from a qualified health care provider before they can even file a malpractice lawsuit. In theory, this affidavit requirement Read More

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How Can I Learn About a Florida Doctor’s Malpractice History?

One of the many problems faced by victims of medical negligence in Florida is the lack of publicly available information about past physician disciplinary actions. Congress has established a federal database to record “information on medical negligence payments and certain adverse actions related to health care practitioners.” But this database, known as the National Practitioner Read More

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