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Author Archives: Jay Butchko
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… Read More »
Can I Seek Punitive Damages Following a Car Accident?
If you are injured in a car accident due to another driver’s negligence, you have the right to seek damages to compensate you for your losses. In certain cases, you may also be entitled to seek punitive damages. Unlike compensatory damages, which are designed to make the injured victim whole, punitive damages are intended… Read More »
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 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 »
Florida Court Tosses Damage Award Over Expert Testimony
If you have been seriously injured in an auto accident, you may face significant bills for past and future medical expenses related to your treatment. If the accident was caused by someone else’s negligence, you can seek to recover those expenses through a personal injury lawsuit. But a court will require expert evidence to… Read More »
Florida Doctor Sanctioned for Misconduct During Malpractice Trial
Medical malpractice cases usually involve negligence in the context of providing ordinary medical care. But there are instances when malpractice is just part of a larger offense to a victim’s dignity and basic human rights. A recent Florida appeals court decision in a case that has taken nearly two decades to resolve illustrates the… Read More »
Should Filing a Medical Malpractice Lawsuit Mean Giving Up Your Privacy Rights?
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 »
Can You File a Wrongful Death Lawsuit If a Family Member Dies on a Cruise?
Cruises are big business in South Florida. According to the American Association of Port Authorities, the cruise industry is responsible for “more than 140,000 jobs and more than $7.3 billion in direct purchases in Florida” alone. But if you are one of the thousands of Floridians who are considering taking a cruise this year,… Read More »
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 malpractice lawsuit. However, Florida law does require any… Read More »
Is a Florida Bar Owner Liable for a Drunk Driver’s Actions?
Everyone understands the dangers of drunk driving. Over a ten-year period nearly 8,500 people died in alcohol-related car accidents in Florida alone, according to statistics published by the U.S. Centers for Disease Control and Prevention. If you have been injured due a drunk driver’s negligence, you may be wondering if the people responsible for… Read More »
Can a Doctor Make You Sign Away Your Right to Sue for Malpractice?
If you are seriously injured due to medical malpractice, you have a protected constitutional right to pursue your claims before a jury. As an alternative, Florida law does provide for voluntary arbitration—that is, resolution of your claims before a group of private judges without a jury—under certain circumstances. If the medical provider is willing… Read More »
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