Florida’s medical malpractice 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… Read More »
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 »
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 »
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 law treats medical malpractice differently than most personal injury cases. If a normal person is negligent, and you suffer an injury as a result of that negligence, you can sue that person for damages in court. But when the negligent person is a health care professional, Florida law grants him or her special… Read More »
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 »
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 »
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 »
In a medical malpractice 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… Read More »
Medical malpractice always imposes hardship on its victims. But when physician or hospital negligence causes a traumatic brain injury to a child, the consequences are even more devastating. Such injuries often lead to a lifetime of costly medical care and exact an emotional toll on the parents. To deal with such cases, the Florida… Read More »
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