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Florida Medical Negligence Case
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When Does “Ordinary Negligence” Become “Medical Negligence”?

It can sometimes be difficult to distinguish medical negligence 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 Is Read More

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

Florida law can make it extremely difficult for victims of medical negligence 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 requirement Read More

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How Doctors & Hospitals Use Arbitration Agreements to Avoid Medical Negligence Lawsuits

When you seek medical care from a physician or hospital, you may be asked to sign an “alternative dispute resolution” agreement. These agreements require the patient to waive their right to file a medical negligence lawsuit in the event of the health care provider’s negligence and instead submit any claim to private arbitration. While arbitration Read More

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Florida Court Rules Malpractice Defendants May Not Violate Attorney-Client Privilege

Florida makes it difficult for victims of medical negligence 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 incident Read More

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Florida Law Keeps Many Valid Malpractice Cases Out of Court

Florida’s strict medical negligence 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 from Read More

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Do Both Parents Have to Consent to a Child’s Surgery Under Florida Law?

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 alternative Read More

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Study Claims “Medical Error” Is the #3 Cause of Death in the U.S.

Although Florida legislators have made it more difficult in recent years to bring medical negligence 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. According Read More

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Florida Court Tosses Jury Malpractice Verdict Due to Insufficient Expert Testimony

A physician has a legal and ethical duty to advise a patient of the material risks of a proposed surgical procedure. When a physician fails to obtain the patient’s “informed consent,” and the patient suffers injury as a result, it may be grounds for a medical negligence lawsuit. However, Florida law does require any plaintiff Read More

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Negligence vs. Medical Negligence

It might seem odd to defend against a claim of negligence by arguing you actually committed medical negligence. But in Florida there may be good reason to offer such a defense. Florida has much stricter standards for medical negligence lawsuits than ordinary negligence or personal injury claims. This can allow a clever defendant to get Read More

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Study Details Concentration, Demographics of Medical Negligence

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 negligence. But just how widespread is medical negligence. According to a recent study published in the New England Journal of Medicine, malpractice appears to be heavily concentrated among Read More

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