Tag Archives: Florida medical malpractice claims

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 »

Holding Florida Midwives Responsible for Birth Injuries

By Paul B. Genet |

Shoulder dystocia is a frightening complication that can occur during childbirth. During a vaginal delivery, the newborn’s shoulder may get stuck. This can stretch or tear the nerves connecting the child’s spinal cord to their shoulder and arm. While this injury is usually temporary and will heal, with some children there is permanent damage…. Read More »

Second Florida Court Rejects “Cap” on Malpractice Damages

By Paul B. Genet |

Last year, a Florida appeals court held that a state law limiting certain types of damages in medical malpractice 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… Read More »

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 »

Should Filing a Medical Malpractice Lawsuit Mean Giving Up Your Privacy Rights?

By Paul B. Genet |

The Florida Supreme Court has agreed to hear yet another appeal related to medical malpractice. This case addresses a 2013 law adopted by the Florida legislature that significantly compromises a patient’s right to medical privacy. A plaintiff pursuing a medical malpractice case on behalf of her late husband has asked the Supreme Court to… 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 »

The Importance of Expert Testimony in Medical Malpractice Cases

By Paul B. Genet |

Although many people associate medical malpractice solely with physician error, other health care providers, such as emergency medical technicians, can seriously injure (or kill) patients by failing to follow an appropriate standard of professional care. After all, when you call 911, you expect emergency workers to respond and provide necessary medical care. When they… Read More »

Understanding the Role of Arbitration in Florida Medical Malpractice Cases

By Paul B. Genet |

When a patient intends to bring a medical malpractice lawsuit under Florida law, the health care provider (or his insurance company) can make an “an offer to arbitrate in which liability is deemed admitted and arbitration will be held only on the issue of damages.” In some cases, arbitration offers a quicker and less… Read More »

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