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Pre-Suit Affidavit From Same Medical Specialty Required

Pre-Suit Affidavit From Same Medical Specialty Required

Medical Malpractice

In the case of Michelle Davis as personal representative of the Estate of Sandra Dale Essex v. Michael A. Karr, M.D., et al, Case Number 5D18-149 (Fla. 5th DCA January 25, 2019), Florida’s Fifth DCA held that pre-suit affidavits from an emergency room physician, a radiologist,...

Prejudice Required To Dismiss For Pre-Suit Violation

Prejudice Required To Dismiss For Pre-Suit Violation

Medical Malpractice

In the case of Tuyuana Morris v. Orlando Muniz, M.D., Case Number SC16-931 (Fla. September 6, 2018), the Florida Supreme Court held a finding of prejudice is required in order for a trial judge to dismiss a medical malpractice action for an alleged Chapter 766 pre-suit...

Evidentiary Hearing Required To Dismiss For MM Pre-Suit Violation

Evidentiary Hearing Required To Dismiss For MM Pre-Suit Violation

Medical Malpractice

In the case of Osceola Regional Hospital v. Calzada, Case Number 5D17-4097 (Fla. 5th DCA July 6, 2018), Florida’s Fifth DCA reminded medical malpractice litigants that judges are required to hold an evidentiary hearing and make evidentiary findings in cases involving an alleged...

Florida’s “One Expert Per Specialty” Rule Explained

Florida’s “One Expert Per Specialty” Rule Explained

Medical Malpractice

The So-Called One Expert Per Specialty Rule The “one expert per specialty” rule was addressed in Gutierrez v. Vargas, SC15-1924 (March 22, 2018) by the Florida Supreme Court. What Happened in the Case Gutierrez (a minor child) brought a medical malpractice case against...

Nondelegable Duty For Negligent Maintenance of Surgical Robots

Nondelegable Duty For Negligent Maintenance of Surgical Robots

Medical Malpractice

Florida’s Second DCA announced a new rule in Payas v. Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Celebration, et. al, Case Number 2D16-3615 (Fla. 2d DCA 2018), where it was stated that hospitals in Florida have a nondelegable duty maintain surgical robots and...

Ex Parte Interviews Unconstitutional In Weaver v. Myers

Ex Parte Interviews Unconstitutional In Weaver v. Myers

Medical Malpractice

In Weaver v. Myers, (Case Number SC15-1538)(Fla. 2017), the Florida Supreme Court held that ex parte communications with a plaintiff’s treating physicians as part of the medical malpractice pre-suit process is unconstitutional. In addition, the Court held that a person does not...

Defense Lawyers Complain About “Reptile” Plaintiffs

Defense Lawyers Complain About “Reptile” Plaintiffs

Medical Malpractice

The world of personal injury litigation is one of the most hotly contested areas of law and is a sore subject of political debate across the United States. There are some people who feel that the civil justice system is broken while others believe that the civil justice system,...

Medical Malpractice Waiver Held Unenforceable By Florida 4th DCA

Medical Malpractice Waiver Held Unenforceable By Florida 4th DCA

Medical Malpractice

In Brooks v. Paul (Case No. 4D16-2538)(June 7, 2017), the Fourth DCA of Florida held that a medical malpractice waiver (pre-injury release of liability) was not enforceable. Facts Of The Case The plaintiff, Myra L. Brooks sued her neurosurgeon, Dr. Michael D. Paul, after her ureter...

List Of Doctors With Repeated Malpractice Lawsuits In Florida

List Of Doctors With Repeated Malpractice Lawsuits In Florida

Medical Malpractice

Health News Florida released a list of doctors with the most reported medical malpractice cases in Florida from 2000 to 2016. The list includes 29 doctors with at least six medical malpractice complaints that resulted in an insurance payout. The “top” doctor on the list...

Real Statistics About Tort Lawsuits Being Filed

Real Statistics About Tort Lawsuits Being Filed

Medical Malpractice

Statistics show that fewer lawsuits for car accidents, medical malpractice, and product liability claims are being filed in American courts. By The Numbers The National Center for State Courts (NCSC) has indicated the following statistics: In 1993, 10 out of 1,000 Americans filed a...

Florida DCA Split On MedMal Pre-Suit Notice Deadline

Florida DCA Split On MedMal Pre-Suit Notice Deadline

Medical Malpractice

The Florida First DCA in Bay County Board of Commissioners v. Eartha Seeley, Case Number 1D16-2829 (April 24, 2o17) held that the applicable deadline to “serve” a medical provider with a pre-suit notice of intent to sue is that it must be “mailed” by the...

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