Tag Archives: Clearwater Medical Malpractice Lawyers

Malpractice

New Studies Question Link Between “Tort Reform” and Malpractice Insurance Rates

By Paul B. Genet |

Florida has some of the strictest limits on medical malpractice lawsuits in the country. Although the state’s courts have rolled back some of these limits, malpractice victims often face an uphill climb just to get their day in court. And while health care professionals (and Florida legislators) insist restricting victim’s rights are necessary to… Read More »

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

By Paul B. Genet |

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?

By Paul B. Genet |

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 »

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

By Paul B. Genet |

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 »

How Doctors & Hospitals Use Arbitration Agreements to Avoid Medical Malpractice Lawsuits

By Paul B. Genet |

When you seek medical care from a physician or hospital, you may be asked to sign an “alternative dispute resolution” agreement. These agreements require the patient to waive their right to file a medical malpractice lawsuit in the event of the health care provider’s negligence and instead submit any claim to private arbitration. While… Read More »

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

By Paul B. Genet |

One of the many problems faced by victims of medical malpractice 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 malpractice payments and certain adverse actions related to health care practitioners.” But this database, known as the National… 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 »

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 »

Florida Court Tosses Jury Malpractice Verdict Due to Insufficient Expert Testimony

By Paul B. Genet |

A physician has a legal and ethical duty to advise a patient of the material risks of a proposed surgical procedure. When a physician fails to obtain the patient’s “informed consent,” and the patient suffers injury as a result, it may be grounds for a medical malpractice lawsuit. However, Florida law does require any… Read More »

Do Not Ignore the Time Limits for Filing a Medical Malpractice Claim

By Paul B. Genet |

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 »

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