Under section 95.11(4)(b) of the Florida Statutes, a plaintiff must bring his or her action for medical malpractice within 2 years from the time of the incident that gave rise to the lawsuit or within 2 years from the time the incident was discovered if due diligence were exercised. In…
In a recent case, a mother sued several medical professionals both on behalf of herself and her deceased 21-year-old daughter’s estate. She alleged that the medical professionals were negligent after her daughter died of MRSA lobular necrotizing pneumonia. The defendants filed a motion asking the lower court to take judicial…
Florida’s large tourism industry gives rise to interesting legal questions regarding personal jurisdiction over cruise line defendants who have been negligent. Personal jurisdiction refers to whether the court has power over the parties in a particular lawsuit. If a court does not have personal jurisdiction, its rulings and orders can’t…
Medical malpractice cases can turn on expert testimony. What other kinds of evidence may be used to show a doctor is negligent? A doctor’s history of educational difficulties and failures are typically inadmissible to prove negligence. In a recent case, the plaintiff was referred to a doctor after she told…
In Florida medical malpractice cases, a plaintiff must conduct an investigation among experts to see if there are reasonable grounds to believe a particular medical professional was negligent and that the negligence led to his or her injury. If so, the plaintiff must notify each defendant of the intent to…
“Respondeat superior” is a theory that may be asserted in personal injury cases in many jurisdictions, including Florida. It makes employers liable when their employees commit wrongful acts within the course and scope of their employment. A recent case illustrates how this type of theory can be pursued in a…
The birth of a child is often a joyous event for a couple. Unfortunately, there are cases when obstetricians make errors that lead to permanent problems for the child. Last year, a Florida Court of Appeals considered the birth of a boy who, at his birth, seemed to have limited…
Medical malpractice cases in Florida require a plaintiff to prove (1) the standard of care owed by the health care professional, (2) the health care professional’s breach of that standard, and (3) that the breach “proximately caused” the damages claimed. “Proximate cause” in Florida means that the negligence more likely…
Many Florida health care providers ask patients to sign arbitration agreements before they are treated. These agreements keep medical malpractice cases from going before a jury. A medical malpractice cause of action in Florida is controlled by Chapter 766 of the Florida Statutes, the Medical Malpractice Act (MMA). The MMA…
Medical malpractice cases in Florida must meet high standards of proof. They usually require testimony from expert doctors and nurses who are willing to testify against the doctor or nurse in the case. A Florida appellate court recently reiterated the standards by which a plaintiff can win a medical malpractice…