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 »
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… Read More »
Many victims of medical malpractice 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… Read More »
Suing a doctor for medical malpractice in Florida is never easy. And even if you manage to convince a judge or jury that your injuries were caused by a health care provider’s negligence, you may find yourself unable to collect on a damage award. A key reason for this is many Florida doctors do… Read More »
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 »
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 »
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 »
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 »
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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