Tag Archives: Clearwater Medical Malpractice Attorneys

Florida Court Rules Malpractice Defendants May Not Violate Attorney-Client Privilege

By Paul B. Genet |

Florida makes it difficult for victims of medical malpractice to have their day in court. Among other requirements, there is a strict two-year of statute of limitations to file a malpractice claim. This two-year deadline starts on the day of the incident giving rise to the malpractice claim, or alternatively, “from the time the… Read More »

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 »

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 »

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 »

Can a Doctor Make You Sign Away Your Right to Sue for Malpractice?

By Paul B. Genet |

If you are seriously injured due to medical malpractice, you have a protected constitutional right to pursue your claims before a jury. As an alternative, Florida law does provide for voluntary arbitration—that is, resolution of your claims before a group of private judges without a jury—under certain circumstances. If the medical provider is willing… Read More »

Post-Judgment Interest Can Make a Big Difference to Malpractice Victims

By Paul B. Genet |

In a medical malpractice case, winning a jury verdict is usually not the end of the matter. There may be a lengthy appeals process, followed by delays in receiving payment from the negligent doctor or medical provider. This is why Florida, like most states, requires payment of post-judgment interest on any damage award. For… Read More »

How Florida Deals With Traumatic Brain Injuries During Childbirth

By Paul B. Genet |

Medical malpractice always imposes hardship on its victims. But when physician or hospital negligence causes a traumatic brain injury to a child, the consequences are even more devastating. Such injuries often lead to a lifetime of costly medical care and exact an emotional toll on the parents. To deal with such cases, the Florida… Read More »

Negligence vs. Medical Malpractice

By Paul B. Genet |

It might seem odd to defend against a claim of negligence by arguing you actually committed medical malpractice. But in Florida there may be good reason to offer such a defense. Florida has much stricter standards for medical malpractice lawsuits than ordinary negligence or personal injury claims. This can allow a clever defendant to… Read More »

Florida Court Slams Doctor for Trying to Manipulate Outcome of Malpractice Trial

By Paul B. Genet |

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 »

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