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Articles Posted in Medical Negligence

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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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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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Tampa Federal Court Remands Medical Device Products Liability Case Back to Sarasota County

The Middle District of Florida in Tampa has remanded a products liability case back to state court. In Wier v. DePuy Orthopaedics, Inc., a man was allegedly hurt by a medical device that was surgically implanted in his hip. As a result, he filed a lawsuit against the manufacturer of…

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Florida Supreme Court Overturns Decision in Medical Malpractice Case: Saunders v. Dickens

In Saunders v. Dickens, a Florida man went to see a physician over pain, numbness, cramps, and lack of coordination while standing. The neurologist diagnosed the man with peripheral neuropathy caused by diabetes, although the doctor did not perform tests to confirm his diagnosis. He also sent the man to…

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Is There a Non-delegable Duty to Supervise Florida Hospital Doctors?

In a 2012 case, a plaintiff appealed a final judgment that entered a defense verdict for a hospital in her wrongful death case. The case arose when her husband went in for back surgery and died the next day from cardiac arrhythmia. After that, the plaintiff sued the hospital for…

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