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When Does “Ordinary Negligence” Become “Medical Malpractice”?
It can sometimes be difficult to distinguish medical malpractice 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… Read More »
Florida Supreme Court Voids Private Malpractice Arbitration Agreement
Florida’s medical malpractice laws provide for a system of “voluntary binding arbitration” that is supposed to make things easier for victims. In submitting to arbitration, the health care provider must admit liability. The arbitration is therefore limited to a determination of damages. The health care provider must also assume all costs associated with the… Read More »
How Do I Know My Future Medical Expenses Following a Car Accident
Following a car accident or a similarly traumatic event, you may be liable for thousands of dollars in medical expenses. If your injuries were the result of a third party’s negligence, you can certainly file a personal injury lawsuit and seek compensation for these medical costs. One thing to keep in mind, however, is… Read More »
Florida Court Rejects Constitutional Challenge to Birth Injury Law
Many Florida babies suffer serious birth injuries as a result of medical malpractice during delivery. Florida law provides a form of “no-fault” coverage for such injuries through the Neurological Injury Compensation Act (NICA). Under NICA, the parent of a child with birth injuries must first file an administrative claim for these no-fault benefits. Only… Read More »
New Studies Question Link Between “Tort Reform” and Malpractice Insurance Rates
Florida has some of the strictest limits on medical malpractice lawsuits in the country. Although the state’s courts have rolled back some of these limits, malpractice victims often face an uphill climb just to get their day in court. And while health care professionals (and Florida legislators) insist restricting victim’s rights are necessary to… Read More »
Florida Sheriff, Medical Contractor Face Lawsuit Over Inmate’s Death
Florida law holds medical malpractice plaintiffs to higher standards than persons alleging ordinary negligence. There are cases, however, that involve both types of claims. It is important to understand this distinction, as a court may be forced to dismiss a malpractice claim while allowing negligence and similar charges to proceed to trial. Judge Rules… Read More »
Did Lexiscan Distributors Fail to Warn Patients About Heart Attack Risks?
Medical malpractice is not always the result of physician negligence. Doctors rely on pharmaceutical companies to provide them with safe and effective drugs to treat their patients. But when a drug maker fails to exercise “ordinary care” and produces a defective or dangerous product, it can lead to a medical mass tort claim against… Read More »
Holding Florida Midwives Responsible for Birth Injuries
Shoulder dystocia is a frightening complication that can occur during childbirth. During a vaginal delivery, the newborn’s shoulder may get stuck. This can stretch or tear the nerves connecting the child’s spinal cord to their shoulder and arm. While this injury is usually temporary and will heal, with some children there is permanent damage…. Read More »
When Is a Florida Car Owner Liable for an Auto Accident?
Since the 1920s, Florida courts have applied a “dangerous instrumentality doctrine” when assessing liability for auto accidents. Basically, this doctrine holds that the owner of any motor vehicle is vicariously liable if they “voluntarily entrust” said vehicle to a person “whose negligent operation causes damage to another.” The idea behind this rule, as the… Read More »
Second Florida Court Rejects “Cap” on Malpractice Damages
Last year, a Florida appeals court held that a state law limiting certain types of damages in medical malpractice cases was unconstitutional. That decision was appealed to the Florida Supreme Court, which heard arguments this past June. But at least one other Florida court is not waiting for the Supreme Court to rule, and… Read More »
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