Medical Malpractice Lawyer Blog

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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...

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...

Florida MedMal Damage Caps Held Unconstitutional

Florida MedMal Damage Caps Held Unconstitutional

Medical Malpractice

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...

Study Shows Early Treatment of Sepsis Lowers Mortality Rate

Study Shows Early Treatment of Sepsis Lowers Mortality Rate

Medical Malpractice

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...

Congress Voting On “Protecting Access To Care” Act of 2017

Congress Voting On “Protecting Access To Care” Act of 2017

Medical Malpractice

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...

Proposed Cuts to Florida Medicaid May Impact Hospital Care

Proposed Cuts to Florida Medicaid May Impact Hospital Care

Medical Malpractice

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...

Neurosurgeon Gets Life In Prison For Botched Surgeries

Neurosurgeon Gets Life In Prison For Botched Surgeries

Medical Malpractice

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...

Same Specialty Requirement Not Adopted By Florida Supreme Court

Same Specialty Requirement Not Adopted By Florida Supreme Court

Medical Malpractice

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...

Florida Doctor Accused Of False Skin Cancer Diagnoses

Florida Doctor Accused Of False Skin Cancer Diagnoses

Medical Malpractice

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...

Failure To Use Bedrails Is A Malpractice Risk

Failure To Use Bedrails Is A Malpractice Risk

Medical Malpractice

As medical malpractice attorneys, we frequently get calls about cases involving someone who has fallen out of bed in the hospital.  What many people may not know is that falls from hospital beds are a leading cause of patient injuries.  It is the standard of care for a...

Florida Supreme Court Asked To Reconsider Arbitration Agreements

Florida Supreme Court Asked To Reconsider Arbitration Agreements

Medical Malpractice

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...

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