Medical Malpractice Lawyer Blog

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...

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...

History Of Florida’s Medical Malpractice Damage Caps Florida initially passed its statute capping noneconomic damages in medical malpractice cases in 2003 during the so-called “medical malpractice crisis.” Since that time, medical malpractice has become less of a...

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...

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,...

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...

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...

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...

A federal judge ruled section 766.118, Florida Statutes unconstitutional with regard to damages caps for Medicaid patients who file medical malpractice cases in Dixon v. U.S., (Case No.: 15-23502-Civ-Scola, S.D. Fla. April 17, 2017). $300,000 Damages Cap On Non-Economic Damages The...

The Florida First DCA in Bay County Board of Commissioners v. Eartha Seeley, Case Number 1D16-2829 (April 24, 2017) 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...

The case of Bove v. Naples HMA, LLC, et al, 2D-1680 (Fla. 2d DCA 2016) decided a pivotal issue regarding the statute of limitations in Florida medical malpractice cases. The Second DCA decided that Florida law requires a notice of intent to sue a medical provider for medical...

The Florida Supreme Court holds that caps on damages in medical malpractice cases violates the equal protection clause of the Florida Constitution in North Broward Hospital District v. Kalitan, Case Number SC15-1858 (June 8, 2017). What Were The Damages Caps? Florida’s medical...

A study published in the New England Journal of Medicine on in-hospital care for sepsis (published May 21, 2017) found that every hour delayed in giving antibiotics or other key medical care resulted in an increase in chances of death by 4 percent. Sepsis Can Be Very Deadly If...

In the case of St. Joseph’s Hospital v. Doe (Case Number 2D16-2122), the Second DCA established that a claim brought under section 766.110, Fla. Stat., for an alleged deficiency in a hospital’s comprehensive risk management plan is considered a “medical...

In the case of Dockswell v. Bethesda Memorial Hospital, Inc. (SC15-2294), the Florida Supreme Court made it clear that when a foreign body is unintentionally left inside a patient, then the burden of proof automatically shifts to the defendant to prove that medical negligence was not...

Medical malpractice is the third leading cause of death in the United States according to a 2016 study done through Johns Hopkins University.  The study found that there were approximately 251,000 deaths on an annual basis due to medical errors.  Despite that evidence,...

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...