Personal Injury and Medical Malpractice Blog

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Florida “Patient’s Right to Know” Act Pre-Empted

Florida “Patient’s Right to Know” Act Pre-Empted

Medical Malpractice

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...

Do Autonomous Cars Mean the End of Traffic Lights?

Do Autonomous Cars Mean the End of Traffic Lights?

Car Accidents

Imagine a world with truly autonomous cars? Wouldn’t it be nice to never have to stop at a traffic light? It’s a nice thought but the changes needed to make that a reality are far greater than simple advances in technology. Even if technology advances to a point where all...

Ford Door Latch Recall

Ford Door Latch Recall

Product Liability

Ford has issued a nationwide recall for vehicles listed below. 2013-15 C-MAX – Michigan Assembly Plant, April 19, 2012 to Jan. 31, 2015 2013-15 Escape – Louisville Assembly Plant, Oct. 19, 2011 to Jan. 31, 2015 2012-15 Focus – Michigan Assembly Plant, Aug. 1, 2010 to Jan. 31,...

Hospital “Anti-Dumping” Statute Transfer Case

Hospital “Anti-Dumping” Statute Transfer Case

Medical Malpractice

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...

Stay Right At Night Campaign

Stay Right At Night Campaign

Car Accidents

Florida law enforcement officials have begun the “Stay Right at Night” campaign to remind drivers of the need to pay attention at divided highway on-ramps and off-ramps such as interstate highways. This is where a significant number of fatal or serious car accidents occur...

ATV Accident Injures Singer

ATV Accident Injures Singer

Personal Injury

A former member of a local band, Dallas Taylor, suffered what has been described as a horrific injury as a result of an all-terrain-vehicle (ATV) accident. The accident occurred last Tuesday (August 2nd) when Tayor was riding an ATV without a helmet and hit a sign. Taylor’s...

Toyota Recall For Loose Rear Suspension

Toyota Recall For Loose Rear Suspension

Product Liability

Toyota Motor Corporation has recalled over 337,000 vehicles due to loose nuts on the rear suspensions of certain vehicles. The vehicles impacted are listed below: Lexus HS250h 2010 Toyota RAV4 2006-2011 Toyota claims that rust can build up on the suspension arm threat if the nuts...

Cause of Death Disputed in Medical Malpractice Case

Cause of Death Disputed in Medical Malpractice Case

Medical Malpractice

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)...

Clarity On Florida’s “Reckless Disregard” Standard

Clarity On Florida’s “Reckless Disregard” Standard

Medical Malpractice

In the case of Cantore v. West Boca Medical Center, Inc., Case Number SC15-1926, the Florida Supreme Court released a corrected opinion on April 26, 2018 providing clarity on when the “reckless disregard” standard applies in medical malpractice cases involving the...

2016 Highway Deaths Greater Than in Years Past

2016 Highway Deaths Greater Than in Years Past

Personal Injury

The National Safety Council (NSC) reports that a total of 19,100 deaths occurred on U.S. highways in the first six months of 2016 representing an overall increase of 18% from 2015. Nationwide, the estimated annual mileage death rate was 1.3 deaths per 100 million vehicle miles...

National Medical Malpractice Statistics

National Medical Malpractice Statistics

Medical Malpractice

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...

Peloton Beta Testing Semi-Autonomous Tractor-Trailers

Peloton Beta Testing Semi-Autonomous Tractor-Trailers

Truck Accidents

Peloton announced that it is beta testing semi-autonomous tractor-trailer technology. This technology allows a caravan of semi-trucks to travel in close proximity to one another and to function like a single vehicle as it moves down the highway. For instance, when the lead vehicle...

Insurance Company Duty to Initiate Settlement

Insurance Company Duty to Initiate Settlement

Insurance Bad Faith

In the case of Welford v. Liberty Insurance Corporation, No.: 3:15-cv-333/RV-CJK, 2016 WL 3360431 (N.D. Fla. June 2, 2016), the court considered the issue of whether an insurance company has an obligation to initiate settlement discussions or negotiations. In this case, a driver hit...

Florida’s Texting and Driving Law

Florida’s Texting and Driving Law

Car Accidents

National and insurance industry surveys often rank Florida as having a lot of bad drivers based upon statistics of the number of accidents involving fatalities and property damage. Some surveys use individuals’ responses to questions about driving habits while others use...

NHTSA Issues Call to Action on U.S. Highway Fatalities in 2015

NHTSA Issues Call to Action on U.S. Highway Fatalities in 2015

Car Accidents

In 2015, a total of 35,092 people lost their lives in traffic accidents. On August 29, 2016, the U.S. Department of Transportation’s National Highway Traffic Safety Administration made a press release calling for action to decrease the number of deaths on U.S. Highways. In...

Helicopter Accident Claims 3 Lives

Helicopter Accident Claims 3 Lives

Aviation Accident

A Sikorski S-61 helicopter crashed in Brevard County, Florida near Freeburg Avenue SW in the area of Sapodilla Road SW and Wingham Drive SW in Palm Bay. A Sikorsky S-61 is a old military style aircraft that is no longer in service. Witnesses say that the helicopter was flying low...

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