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Clearwater Medical Negligence Attorney
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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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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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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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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 Doctors & Hospitals Use Arbitration Agreements to Avoid Medical Negligence Lawsuits

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 negligence lawsuit in the event of the health care provider’s negligence and instead submit any claim to private arbitration. While arbitration Read More

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

Florida makes it difficult for victims of medical negligence 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 incident Read More

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Florida Judge Awards Air Force Veteran $500,000 Due to VA Malpractice

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 negligence is rampant at the VA, according to a 2015 report from the department’s own inspector general, Read More

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Study Claims “Medical Error” Is the #3 Cause of Death in the U.S.

Although Florida legislators have made it more difficult in recent years to bring medical negligence 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. According Read More

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

If you are seriously injured due to medical negligence, 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 to Read More

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

In a medical negligence 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 example, Read More

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    Palm Harbor, Florida 34683
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