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…
South Florida Personal Injury Lawyers Blog
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,…
Court Addresses Defendant’s Duty to Warn Visitors of Hazardous Conditions in Recent Florida Slip and Fall Case
Recently, a plaintiff appealed a court’s order granting summary judgment in favor of Dollar General in a Florida slip and fall case. The plaintiff’s complaint alleged the defendant was liable for injuries that he suffered after falling on a patch of laundry detergent in the store. The plaintiff appealed after…
Court Rules Claim Based on Florida Hospital’s Failure to Transfer Patient Was Based on a Theory of Medical Malpractice
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…
Florida Court Sides with Man Who Was Injured in Shower Slip and Fall Accident
In a recent ruling, a Florida court upheld a verdict in favor of a man who was injured when he slipped and fell in his shower. The plaintiff’s claim was based on the landlord’s failure to properly fix the shower drain. Evidently, the defendant landlord had been notified about the…
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…
Florida Bad Faith Insurance Disputes Regarding Homeowner’s Claims
Recently, the United States Court of Appeals for the Eleventh Circuit issued an opinion addressing issues that commonly occur in insurance coverage disputes between Florida homeowners and insurance companies. In this case, a couple in a neighboring state discovered that a home they recently purchased was infested with brown recluse…
Congress Opens Probe into Carnival Cruise Line, a Popular Line for Florida Vacationers
Going on a cruise should be a fun and relaxing experience. Many Florida residents go on cruise vacations each year, especially since many cruise ships leave from coastal Florida cities. However, the COVID-19 pandemic has seriously harmed the cruise industry, as several ships have had outbreaks of the virus over…
What Is “Stacking” Under Florida Insurance Law?
Florida has one of the highest rates of car accidents involving uninsured or underinsured (UIM) drivers in the country. Car accidents with drivers without appropriate insurance can have long-term medical and financial consequences on a car accident victim, and Florida drivers must protect themselves. Florida requires that motorists maintain two…
Implications of COVID-19 on Florida Car Insurance
The COVID-19 pandemic has uprooted the lives of most Americans in Florida and across the United States. Employers, educational institutions, retailers, and almost every other industry has made changes to the way they operate. As a result, Florida drivers are typically only venturing out for mandatory travel or essential supplies.…