It might seem odd to defend against a claim of negligence by arguing you actually committed medical malpractice. But in Florida there may be good reason to offer such a defense. Florida has much stricter standards for medical malpractice lawsuits than ordinary negligence or personal injury claims. This can allow a clever defendant to… Read More »
In a medical malpractice case, there may be multiple parties responsible for a victim’s injuries. Conversely, a physician or medical provider may try to deflect attention away from his or her own negligence by claiming other parties were partly or solely to blame. Florida law can get complicated in this area, and as a… Read More »
Florida courts continue to push back against the legislature’s imposition of caps on “noneconomic” damages in medical malpractice cases. Last year the Florida Fourth District Court of Appeal held such caps were unconstitutional. That case is now on appeal to the Florida Supreme Court. But in the meantime, the Fourth District has once again… Read More »
In 2003, Florida lawmakers decided to limit “noneconomic” damages in medical malpractice cases. This means even when a jury decides a plaintiff is entitled to a certain amount of compensation for injuries sustained due to a medical provider’s negligence, the judge may reduce the award to ensure it complies with the legislature’s arbitrary cap…. Read More »
The elderly and the infirm are some of the most vulnerable people in our society because they cannot easily defend themselves. When the elderly are placed in a nursing home, there is a risk that they will be abused. The abuse can take many forms — physical, emotional and financial. Recognizing the signs of… Read More »
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