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Author Archives: Jay Butchko
Who Can Be Held Liable in a Wrongful Death Lawsuit?
When a person dies due to someone else’s negligence, even if it is unintentional, the victim’s family may have a cause of action for wrongful death. Under Florida law, a party is negligent when it violates a duty owed to the victim. Such a duty exists whenever a person “undertakes to provide a service… Read More »
The Importance of Expert Testimony in Medical Malpractice Cases
Although many people associate medical malpractice solely with physician error, other health care providers, such as emergency medical technicians, can seriously injure (or kill) patients by failing to follow an appropriate standard of professional care. After all, when you call 911, you expect emergency workers to respond and provide necessary medical care. When they… Read More »
Understanding the Role of Arbitration in Florida Medical Malpractice Cases
When a patient intends to bring a medical malpractice lawsuit under Florida law, the health care provider (or his insurance company) can make an “an offer to arbitrate in which liability is deemed admitted and arbitration will be held only on the issue of damages.” In some cases, arbitration offers a quicker and less… Read More »
Understanding the Patients’ Right to Know About Adverse Medical Incidents
In medical malpractice cases, Florida patients have certain legal rights when seeking information about about a health care provider’s past actions which may have hurt other patients. In 2004, Florida voters approved an amendment to the state’s constitution (known as Amendment 7) which expressly provides “patients have a right to have access to any… Read More »
Proving Loss of Future Earnings and Medical Expenses Following an Accident
An auto accident can leave a victim with permanent injuries that affect their ability to work and pay for future medical expenses. In order to recover such damages in a personal injury lawsuit, a victim must adequately document any losses of potential future earnings or anticipated medical expenses. While juries may be sympathetic to… Read More »
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