Medical Malpractice Blog

Congress will soon be voting on the “Protecting Access To Care” Act  of 2017 (House Bill 1215) in Washington, D.C. The bill is squarely aimed at reforming medical malpractice laws across the country. Iowa Representative, Steve King, sponsored the bill “to...

Due to constant political pressure, the Florida Legislature is considering proposals for cutting Medicaid benefits to recipients.  Legislators in both the House and the Senate are proposing to save the state’s money by reducing the amounts that hospitals can get paid from...

The sentence is LIFE in prison for surgeon Christopher Duntsch. @NBCDFW #NBCDFWNow pic.twitter.com/Klfcq88Vft — Ken Kalthoff (@KenKalthoffNBC5) February 20, 2017 Christopher Duntsch, a neurosurgeon, was charged with aggravated assault and received a life sentence after several...

In case number SC16-181, the Florida Supreme Court declined to adopt the “same specialty” rule for “standard of care” experts in Florida medical malpractice cases.  In 2012, the Florida Legislature amended section 766.102(5)(a), Fla. Stat. to require a...

Although Dr. Marder owns a 12,700-square-foot home valued at $28 million, it can’t legally be seized in FL. https://t.co/2ZtBRbIOMg — Derm Media (@DermMedia) February 12, 2017 Dr. Gary Marder runs Marder Dermatology in Port St. Lucie, Florida and is reported to be accused...

The Florida Supreme Court threw out an arbitration agreement in the case of Hernandez v. Crespo, Case Number SC15-67 (December 22, 2016) because it violated public policy.  Thereafter, the doctor and her medical group requested that the Court reconsider their decision. What...

BayCare Hospital systems recently implemented a system it calls eCare, which is supposed to remotely monitor ICU patients from a central location.  BayCare claims that the system will improve patient safety by allowing an “extra set of eyes and ears” to monitor...

The Florida Supreme Court is reviewing a case involving “ex parte” communications between defense counsel and a plaintiff’s treating physicians in the pre-suit period of a medical malpractice case.  Oral argument was held on December 8, 2016 in the case of Weaver v. Myers,...

In the case of Peace River Regional Medical Center v. Iala Suarez, 2D15-3434 (Fla. 2d DCA)(October 26, 2016), medical malpractice damage caps in Florida were struck down as unconstitutional.  The Second DCA joins the Fourth DCA in holding the same (See North Broward Hospital v....

Peace River Regional Medical Center v. Iala Suarez, 2D15-3434 (Fla. 2d DCA)(October 26, 2016) decided an important legal issue in Florida torts that has been lingering since 2005.  In the good old days of litigation, the concept of joint and several liability was alive and...

In the case of Godwin v. University of South Florida Board of Trustees, et. al., 2016 Fla. App. LEXIS 12729; 41 Fla. L. Weekly D 1949 (Fla. 2d DCA 2016), the plaintiff alleged the wrongful death of his wife was due to medical malpractice at Tampa General Hospital following a severe...

Lakeland Regional Health Medical Center had the second highest number of emergency room visits in the nation for 2015 according to Becker’s Hospital Review. Lakeland Regional was second only to Florida Hospital. The top 50 hospitals in the country were ranked for...

Amendment 7 of the Florida Constitution was held to be pre-empted by the federal Patient Safety and Quality Improvement Act of 2005 (PSQIA) in Southern Baptist Hospital of Florida, Inc. v. Charles, 178 So. 3d 102 (Fla. 1st DCA 2015). This case started out as a medical malpractice...

In the case of Dockswell v. Bethesda Memorial Hospital, Inc., 177 So. 3d 270 (Fla. 4th DCA 2015), the patient sued the hospital because a piece of post-surgical drainage tubing broke off inside him and was not discovered for several months. The claimant alleged, in addition to...

Florida ranks fifth among states in the total amount paid for medical malpractice claims in 2012. The total payouts for the top five states are listed below: New York $763,088,250 Pennsylvania $316,167,500 California $222,926,200 New Jersey $206,668,250 Florida $203,671,100 Most...

In the case of Morejon v. Mariners Hospital, Inc., 41 FLW D1359 (Fla. 3rd DCA 6-8-2016)(Case Number 3D15-1711), the court held that section 395.1041, Florida Statutes (the so-called “anti-dumping statute” only requires that a hospital provide treatment regardless of the...

In the case of Chiarino v. United States, 2016 WL 3083379 (Southern District of Florida 5-31-2016)(Case No.15-cv-80465-MIDDLEBROOKS), the patient was awarded $500,000 for pain and suffering in compensation for the time between the patient’s cancer should have been diagnosed...

Steve Kenan died in 2013 after an interventional cardiac catheterization. The interesting facts of this case are that the doctor who performed the procedure was paid $300,000 annually to do procedures at the hospital (St. Anthony’s Hospital/St. Petersburg and owned by BayCare)...

North Broward Hospital District, et al. v. Susan Kalitan, SC15-1858. The Florida Supreme Court heard oral arguments in a 2007 medical malpractice case involving a dental assistant who went to the hospital for carpal tunnel surgery. The patient, Susan Kalitan, ended up with a...

On a five star system, Medicare has a ranking system to rank hospitals in the United States. In Florida, there were no 5-star hospitals and only two 4-star hospitals. None of these hospitals were located in Polk County, Florida. Polk County’s most significant hospitals are...