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Tag Archives: Clearwater Medical Malpractice Attorney
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 »
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 »
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 »
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 »
The Malpractice Risks of Seeking “Holistic” or “Integrative” Medical Care
Many Florida residents turn to alternative medical providers to treat a variety of ailments. Some of these providers are “naturopaths” who purport to combine modern science with traditional healing methods. In recent years a number of doctors have also billed themselves as practitioners of “holistic” or “integrative medicine,” which one advocacy group defines as… Read More »
Is a Teaching Hospital Liable for the Medical School’s Malpractice?
Many Florida hospitals have teaching affiliations with medical schools. This means that faculty and residents employed by medical school have staff privileges at the hospital. But the hospital is not necessarily responsible for any acts of medical malpractice committed by such doctors. Tampa Hospital Off the Hook for Fatal Colon Cancer Surgery Specifically, Florida… Read More »
Florida Supreme Court Rules Doctor Can Be Tried Over Patient’s Suicide
Depression and other types of mental illness can have devastating consequences for its victims. Physicians who treat mental illness therefore have a special responsibility to ensure their own actions do not aggravate a patient’s condition. Tragically there are cases where a physician’s medical malpractice has led patients to commit suicide. Did “Abruptly” Taking Patient… Read More »
Is Your Florida Doctor “Going Bare”?
Suing a doctor for medical malpractice in Florida is never easy. And even if you manage to convince a judge or jury that your injuries were caused by a health care provider’s negligence, you may find yourself unable to collect on a damage award. A key reason for this is many Florida doctors do… 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 »
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