Tag Archives: Doctor Negligence

MedMal

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

By Paul B. Genet |

It can sometimes be difficult to distinguish medical malpractice 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… 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 »

The Malpractice Risks of Seeking “Holistic” or “Integrative” Medical Care

By Paul B. Genet |

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 »

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

By Paul B. Genet |

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

Florida Supreme Court Rules Doctor Can Be Tried Over Patient’s Suicide

By Paul B. Genet |

Depression and other types of mental illness can have devastating consequences for its victims. Physicians who treat mental illness therefore have a special responsibility to ensure their own actions do not aggravate a patient’s condition. Tragically there are cases where a physician’s medical malpractice has led patients to commit suicide. Did “Abruptly” Taking Patient… Read More »

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

By Paul B. Genet |

Florida law can make it extremely difficult for victims of medical malpractice 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… 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 »

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 »

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 »

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