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Articles Posted in Medical Malpractice

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Florida Mother Fights to Change Wrongful Death Rules

Linda Porter’s son, Pete Thomas, died 12 years ago in a New Port Richey hospital. Now Porter goes to rock concerts and imagines her long-haired guitarist son with her in the audience. This April, Pete would have been 50 years old. In October 2014, the 38-year-old was admitted to the…

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Florida Appeals Court Holds Post-Trial Interest Accrues from Date of Judgment, Not Verdict

A Florida appellate court recently reversed a lower court’s ruling that when the amount of the judgment in a tort case is modified on appeal, post-trial interest must accrue from the date of the verdict rather than from the date of the original judgment. The court reasoned that the earlier accrual…

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Florida Appellate Court Holds Damage Caps Unconstitutional in Medical Malpractice Suit

The Florida Court of Appeals for the Fourth District held that a Palm Beach County trial court erred in applying statutory caps to the noneconomic damages award in a medical malpractice case.Appellant Dr. Jeanne Go and a colleague were sued for medical malpractice resulting from their treatment of Dens Pierre, which…

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Appellate Court Overturns Summary Judgment in Bad-Faith Insurance Case Stemming From Medical Malpractice Lawsuit

Florida’s First District Court of Appeal has found that a bad-faith medical malpractice insurance case should go to trial. In Samiian v. First Professionals Insurance Co., a doctor performed plastic surgery on a patient who remained at his clinic following the procedure. After visiting with the patient at the end…

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Middle District of Florida Holds Medical Malpractice Case Against Federally Supported Hospital Must Comply With Notice Provisions in the FTCA

In Rodriguez v. Heart of Florida Health Center, Inc., the estate of a deceased woman filed a medical malpractice lawsuit against a hospital and a doctor in Marion County, Florida. According to the complaint, the woman’s cancer diagnosis was seriously delayed as a result of the physician’s negligence. As a…

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Negligence Lawsuit Over Florida Psychiatric Patient’s Death Must Comply With Pre-Suit Notice Requirements Enumerated in Medical Malpractice Reform Act

In Shands Teaching Hospital and Clinics, Inc. v. Estate of Lawson, a woman with a history of mental illness was admitted to a hospital’s locked psychiatric unit in 2013. Unfortunately, the woman somehow got access to a facility worker’s keys and escaped the building. After that, the woman ran onto…

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Equitable Subrogation Question Certified to Florida Supreme Court in Personal Injury Case

In Allstate Insurance Company v. Theodotou, a young man suffered head trauma and other injuries when he was struck by a motorist while riding his scooter in Florida. Following the collision, the boy was treated at a local hospital. Unfortunately, his injuries were apparently made worse as a result of…

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Appeals Court Finds Medical Malpractice Pre-Suit Notice Statutes Do Not Violate Florida Constitution

In Weaver v. Myers, a Florida woman filed a medical malpractice lawsuit against a physician following the death of a loved one without first complying with the pre-suit notice requirements enumerated in Sections 766.106 and 766.1065 of the Florida Statutes. According to the woman, certain 2013 amendments to the law…

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Appellate Court Affirms Legal Fees Award for Plaintiffs in Florida Medical Malpractice Case

In Duong v. Ziadie, a woman filed a medical malpractice lawsuit on behalf of her incapacitated son against his doctor, the practice where the doctor was employed, and other defendants. According to the woman’s complaint, the physician’s negligent care caused her son to become permanently paralyzed. In her lawsuit, the…

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Appellate Court Rules Negligence Case Against Hospital is Not Subject to Florida Medical Malpractice Act

Florida’s Fifth Circuit Court of Appeal has refused to grant a hospital’s petition for a writ of certiorari. In Holmes Regional Medical Center, Inc. v. Dumigan, a man was apparently injured by a drug that was used on him during a surgical procedure even though it was previously recalled. As a…

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