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Articles Posted in Medical Malpractice

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Jury Finds Pharmacies Liable for Public Nuisance in Contributing to the Opioid Epidemic

In recent decades, the irresponsible prescription and distribution of opioid pain medications has resulted in tens of thousands of overdose deaths and immense harm to families and individuals from the harmful effects of the addictive drugs. Recent lawsuits filed on behalf of states and counties across the country against drug…

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Medical Malpractice Defendants’ Challenge to Trial Court Ruling Will Not Be Heard by Florida Court of Appeals

Florida medical malpractice lawsuits must pass several procedural hurdles before a judge or jury is able to listen to the facts of the case and decide if the plaintiff is entitled to any relief. In Florida, one such rule requires plaintiffs to submit a statement from a qualified medical expert…

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Florida Court Distinguishes Between Ordinary Negligence and Medical Negligence

Recently, an appellate court issued a decision addressing whether a plaintiff’s claim falls under Florida’s negligence statute or the state’s medical malpractice statute. The plaintiff filed a claim against the defendant, a healthcare group, for injuries he suffered while receiving treatment at the facility. According to the record, the hospital…

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Pre-Suit Notice Requirements Complicate Florida Medical Malpractice Claims

The procedural requirements for successfully pursuing a Florida medical malpractice claim may be complicated and confusing to victims of medical malpractice. Plaintiffs must be sure they are pursuing a case in the proper venue against any appropriate defendants. Additionally, plaintiffs must initiate their claim within the statute of limitations period…

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Expert Testimony Under Daubert Standard in Florida Product Liability Cases

Florida medical malpractice and product liability laws allow injury victims to hold negligent parties liable for their injuries. Many cases involve the interplay of both of these areas of the area, which enhances the complexity of these lawsuits. Florida’s strict medical malpractice and product liability laws impose significant burdens on…

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Vicarious Liability Between Doctors and Hospitals in Florida Medical Malpractice Lawsuits

Recently, a medical malpractice plaintiff appealed a trial court’s order granting summary judgment in favor of a hospital system. The case arose when the plaintiff visited a Florida hospital for appendicitis and an abscess. An on-call surgeon met with the plaintiff; however, the plaintiff felt uneasy with the surgeon and…

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Florida Court Addressees University Hospital Sovereign Immunity in Medical Malpractice Lawsuit

A Florida appellate court recently issued an opinion addressing whether a plaintiff could hold a university teaching hospital liable for medical malpractice. The main issue turned on whether sovereign immunity protects the university teaching hospital involved in the case. In 2004, the university and healthcare system agreed to an affiliation…

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The Various Theories of Liability in Florida Dental Injury Cases

Under Florida law, dentists and dental surgeons may be liable for medical malpractice if their negligence causes disfigurement, damage, or harm to their patients. Individuals who suffer injuries because of their dentist’s negligence must meet specific requirements to recover compensation. Generally, there are four elements to a Florida dental malpractice…

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Florida Court Addresses Whether Plaintiff’s Claim Arises from Ordinary Negligence or Medical Negligence

Recently, a Florida appellate court issued an opinion in a consolidated case against a hospital and behavioral health company. The defendants petitioned the court to review a trial court’s orders denying their motions to dismiss a plaintiff’s claim against them. The defendants argued that the court should dismiss the claims…

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Appellate Court Addresses Causation Defense in Florida Medical Malpractice Lawsuit

Recently, the Board of Trustees of the University of South Florida (USF), appealed a final judgment in favor of a plaintiff in a medical malpractice lawsuit. According to the court’s opinion, the plaintiff underwent abdominal surgery at Tampa General Hospital. USF employed the surgeon that performed the plaintiff’s surgery. Post-surgery,…

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