When a someone is injured due to the negligence of a medical professional, they may be entitled to recover compensation for their injuries through a Florida medical malpractice lawsuit. All Florida personal injury lawsuits, especially medical malpractice lawsuits, are subject to strict procedural requirements that must be followed. One of…
Medical malpractice cases generally present complex scientific or medical concepts that are beyond the understanding of must jurors. For this reason, nearly all Florida medical malpractice cases require the testimony of experts to explain some of the issues in the case to the jurors. Experts can also offer their opinions…
Earlier this month, the state’s Supreme Court issued a Florida medical malpractice opinion that will likely have a great impact moving forward. The case required the court to consider a patient’s right to privacy following an alleged medical malpractice event. Specifically, it addressed whether the patient loses their right to…
Back in 2004, Florida citizens amended the Florida Constitution to include a “right to have access to any records made or received in the course of business by a health care facility or provider relating to any adverse medical incident.” This amendment became known as Amendment 7. In a recent…
Claims of medical negligence in Florida are subject to strict rules that, if ignored, may result in a case getting prematurely dismissed before it is ever even heard by a jury. For example, Florida medical malpractice cases must be filed within a certain period of time, as outlined in the…
Before a doctor is able to perform any kind of non-emergency medical treatment, she must first obtain the patient’s consent. However, since the medical field can be so complex and the stakes so high, courts have held that physicians must do more than simply have a patient check a box…
Earlier this year, an appellate court in Iowa issued a written opinion in a medical malpractice case discussing the interesting topic of whether a plaintiff should be permitted to bring a medical malpractice case seeking compensation for the wrongful birth of a child. Ultimately, after surveying the laws of other…
Earlier this month, the District Court of Appeal for Florida’s Fourth Circuit issued an interesting written opinion in a medical malpractice case requiring the court to determine if a medical release waiver signed by the plaintiff should prevent the plaintiff’s medical malpractice case from proceeding to trial. Ultimately, the court…
Medical malpractice cases comprise a large portion of the cases that are filed in Florida courts each year. To help courts sort through the claims, and to ensure that only meritorious claims are presented to the court, the Florida legislature has implemented a requirement that all medical malpractice lawsuits must…
The Florida Supreme Court recently determined that a plaintiff who undergoes a procedure and has a foreign object left in their body is always entitled to a presumption of negligence. Before this decision, a federal appeals court had decided that a plaintiff was not entitled to the presumption where direct…