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Author Archives: Jay Butchko
How Admiralty Jurisdiction May Apply to Your Florida Boat Accident Case
Recreational boat accidents are a common occurrence on Florida waterways. In some cases a boat accident may fall under what is known as admiralty jurisdiction. This refers to a body of federal law governing tort claims that involve “maritime activity” and which occur on the “navigable waters” of the United States. A personal injury… Read More »
Florida Medical Malpractice Law Can Force Victims to Pay Doctor’s Legal Fees
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 »
Is a Florida Stable Owner Liable If a Horse Bites Someone?
Animal attacks are often an under-appreciated cause of personal injury. Approximately 4.5 million people suffer dog bites each year, according to the U.S. Centers for Disease Control and Prevention. And here in Florida there was a recently a tragic story involving the death of a two-year-old child attacked by an alligator. Visitor’s Pass Dooms… Read More »
How Doctors & Hospitals Use Arbitration Agreements to Avoid Medical Malpractice 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 malpractice lawsuit in the event of the health care provider’s negligence and instead submit any claim to private arbitration. While… Read More »
How Can I Learn About a Florida Doctor’s Malpractice History?
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 »
Florida Court Rules Malpractice Defendants May Not Violate Attorney-Client Privilege
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 »
Florida Judge Awards Air Force Veteran $500,000 Due to VA Malpractice
The U.S. Department of Veterans Affairs is one of the largest health care providers in the country. Unfortunately, the VA often fails in its mandate to provide medical care for those who have honorably served their country. Medical malpractice is rampant at the VA, according to a 2015 report from the department’s own inspector… Read More »
Understanding the Legal Risks of Plastic Surgery in Florida
Plastic surgery is big business in Florida and throughout the country. According to the most recent figures from the American Society of Plastic Surgeons (ASPS), more than 1.7 million cosmetic procedures were performed in 2015. And while most plastic surgery is safe and non-invasive, when something does go wrong and there is medical malpractice,… Read More »
How Does Uninsured Motorist Coverage Benefit Me Following a Car Accident?
Uninsured motorist (UM) coverage provides benefits when you are injured in a car accident caused by a driver who lacks sufficient insurance to compensate you for medical expenses, lost wages, and non-economic damages such as pain and suffering. Florida law requires all automobile insurance carriers to offer UM coverage, but unlike personal injury protection—i.e.,… Read More »
Florida Law Keeps Many Valid Malpractice Cases Out of Court
Florida’s strict medical malpractice 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… Read More »
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