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Author Archives: Jay Butchko
Florida Supreme Court Rejects Insurance Company Delay Tactics
There are unfortunately too many cases where a person is injured in an auto accident and the negligent driver lacks sufficient insurance to pay for the damages. To protect against such a contingency, you can purchase uninsured motorist (UM) coverage as part of your own auto insurance policy. In fact, Florida law requires insurers… Read More »
Post-Judgment Interest Can Make a Big Difference to Malpractice Victims
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 »
How Florida Deals With Traumatic Brain Injuries During Childbirth
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 »
Negligence vs. Medical Malpractice
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 »
Florida Court Slams Doctor for Trying to Manipulate Outcome of Malpractice Trial
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 »
Study Details Concentration, Demographics of Medical Malpractice
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 malpractice. But just how widespread is medical malpractice. According to a recent study published in the New England Journal of Medicine, malpractice appears to be heavily concentrated… Read More »
Do Not Ignore the Time Limits for Filing a Medical Malpractice Claim
If you have been injured due to the medical malpractice of a physician or other health care provider, it is essential you file your claim in Florida state court as soon as possible. This is because all civil lawsuits are subject to a “statute of limitations,” which is a time limit imposed by the… Read More »
Florida Appeals Court Reiterates Opposition to Medical Malpractice Caps
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 »
Amendments to Florida’s “No-Fault” Rules May Hurt Accident Victims’ Recovery
Florida is a “no-fault” state with respect to auto accidents. This means all drivers must carry auto insurance policies that provide “personal injury protection” in the event of an accident. You must carry at least $10,000 in personal injury protection, although you may certainly purchase a higher amount of coverage. Unfortunately, simply carrying no-fault… Read More »
Will the Florida Supreme Court Strike Down Caps on “Noneconomic” Damages?
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 »
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