A Florida appellate court recently issued an opinion in a consolidated petition addressing whether a claim stemming from an emergency room physician’s failure to transfer a patient for financial gain is sound in medical malpractice. According to the record, the decedent visited an emergency room for treatment for several medical…
Articles Posted in Medical Malpractice
Court Dismisses Plaintiff’s Case, Finding It Stemmed from Medical Malpractice Rather Than Ordinary Negligence.
Late last month, a Florida appellate court issued an opinion in a consolidated medical malpractice case against a behavioral health agency and hospital. The case involved the question of whether the plaintiff’s claim was based in medical malpractice. If so, the plaintiffs did not comply with the procedural requirements, so…
Conflicting Expert Opinion Makes Summary Judgment Improper in Florida Medical Malpractice Lawsuit
Under Florida medical malpractice laws, individuals who suffer injuries because of a negligent physician, nurse, or another healthcare provider may file a lawsuit against the offending party to recoup their damages. These legal proceedings are often adversarial and onerous and require a thorough understanding of complex statutes and regulations. Even…
The Florida Statute of Repose Provides Additional Time to File Some Medical Malpractice Lawsuits
When a person suffers injuries because of the negligence of a medical provider, the victim or their representative may file a Florida medical malpractice lawsuit to recover compensation for the damages that they sustained. Incidents of medical malpractice occur more frequently than people may realize. In addition to death, the…
Florida Court Discusses Statute of Limitations in Recent Medical Malpractice Lawsuit
Recently, a Florida appellate court addressed the statute of limitations in Florida medical malpractice lawsuits. The appeal stemmed from a complicated medical malpractice case involving the birth of a baby born with brain injuries, allegedly because of negligent care by a hospital and physician. Following delivery, doctors told the parents…
Negligent Credentialing in Medical Malpractice Cases in Florida
Under Florida law, health care providers owe a duty to their patients. This duty requires doctors, nurses, and other medical professionals to provide a certain level of care to their patients. When a medical professional fails to live up to this duty, and a patient is injured as a result,…
Florida Medical Malpractice Lawsuits Involving Children
Infants, children, and young teenagers are susceptible to a wide array of medical and health issues that can have lifelong and potentially fatal outcomes. Although safe and swift medical treatment is important for all individuals, it is crucial for populations that are unable to articulate their symptoms or effectively advocate…
Do Florida Doctors Have a Duty to Protect Non-Patients?
Most Florida medical malpractice claims involve a medical professional and their patient. Yet some cases have raised the issue of whether other people can bring a claim against a medical professional where the plaintiff suffered an injury because of the professional’s negligent professional conduct. In May 2016, a man was…
Florida Court Reverses Verdict in Medical Malpractice Case Involving a Serious Birth Injury
Florida medical malpractice claims require extensive work and resources. In a recent medical malpractice case before a federal appeals court, the court had to consider whether a $7 million dollar verdict could stand against a doctor after a baby suffered permanent brain damage after her birth. Evidently, the baby was…
Important Facts About Florida Medical Malpractice Cases
While filing any personal injury case can be complicated, Florida medical malpractice cases have an exceptionally complex set of procedural requirements. If a plaintiff fails to follow these exacting requirements, the court will likely dismiss their case, potentially leaving the plaintiff without any remedy for their injuries. When discussing the…