Hospitals Hampering Florida’s Right To Know Amendment
The Miami Herald recently reported that Florida hospitals are finding ways to hamper patients’ access to medical records as provided in the voter-approved provision of the Florida Constitution. Seven...
View ArticlePresuit Notice to Dr. is Sufficient to Impute Knowledge to Hospital Where a...
NOTICE IS NOTICE, don’t ignore the words “Agents, Employees, and Apparent Agents”: The intended Plaintiff sent presuit notice of intent to sue to the physician and his group alleging malpractice by...
View ArticleNew Trial Granted for Defense Counsel Improper Conduct
In an interesting turn of events, the Second District Court of Appeal turned the tables on an earlier opinion after consideration of the remand by the Florida Supreme Court on the issue of whether...
View ArticleAn Unverified Expert Opinion is Not Enough
As we know, courts will look for every opportunity to allow a litigant to have their day in court but they will not do so when every opportunity is available to follow the statutory procedures within...
View ArticleMedically Stable or not? It’s a jury question!
Medically Stable or not: It’s a jury question! The First District Court of Appeal, on June 21, 2012, held in University of Florida v. Marguerite Stone, as Personal Representative of the Estate of...
View ArticleAvoiding Readmission and The Importance of Discharge Instructions
When patients are discharged from a stay in the hospital the last thing on their mind is coming back for another stay. However, an article entitled “At Too Many Hospitals, a Revolving Door” from the...
View ArticleNew Article Documents High Rates of PTSD in Former ICU Patients
When most people think of post-traumatic stress disorder (PTSD) they imagine a soldier returning home to civilian life after witnessing the atrocities of war in a far-away foreign locale. However, a...
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If an action “arises out of medical diagnosis, treatment, or care” you must...
Recently, in Buck v. Columbia Hospital Corp. of South Broward, Case No. 4D13-2165 (Fla. 4th DCA) (September 10, 2014), the Fourth DCA affirmed the dismissal of a complaint for failing to comply with...
View ArticleClik here to view.
Federal Court Allows Cruise Line to be Sued for Medical Malpractice
On November 10th 2014, the Eleventh Circuit overturned the long-standing rule that cruise lines could not be sued for medical malpractice. In Franza v. Royal Caribbean Cruises, 2014 WL 5802293 (11th...
View ArticleClik here to view.
Florida’s 90 Day Tolling Period in Medical Malpractice Actions for “Potential...
Florida’s medical malpractice law is very complicated as there are many procedural requirements set forth in Chapter 766 of the Florida Statutes. If these rules are not strictly followed, the court may...
View ArticleHospitals Hampering Florida’s Right To Know Amendment
The Miami Herald recently reported that Florida hospitals are finding ways to hamper patients’ access to medical records as provided in the voter-approved provision of the Florida Constitution. Seven...
View ArticlePresuit Notice to Dr. is Sufficient to Impute Knowledge to Hospital Where a...
NOTICE IS NOTICE, don’t ignore the words “Agents, Employees, and Apparent Agents”: The intended Plaintiff sent presuit notice of intent to sue to the physician and his group alleging malpractice by...
View ArticleNew Trial Granted for Defense Counsel Improper Conduct
In an interesting turn of events, the Second District Court of Appeal turned the tables on an earlier opinion after consideration of the remand by the Florida Supreme Court on the issue of whether...
View ArticleAn Unverified Expert Opinion is Not Enough
As we know, courts will look for every opportunity to allow a litigant to have their day in court but they will not do so when every opportunity is available to follow the statutory procedures within...
View ArticleMedically Stable or not? It’s a jury question!
Medically Stable or not: It’s a jury question! The First District Court of Appeal, on June 21, 2012, held in University of Florida v. Marguerite Stone, as Personal Representative of the Estate of...
View ArticleAvoiding Readmission and The Importance of Discharge Instructions
When patients are discharged from a stay in the hospital the last thing on their mind is coming back for another stay. However, an article entitled “At Too Many Hospitals, a Revolving Door” from the...
View ArticleNew Article Documents High Rates of PTSD in Former ICU Patients
When most people think of post-traumatic stress disorder (PTSD) they imagine a soldier returning home to civilian life after witnessing the atrocities of war in a far-away foreign locale. However, a...
View ArticleIf an action “arises out of medical diagnosis, treatment, or care” you must...
Recently, in Buck v. Columbia Hospital Corp. of South Broward, Case No. 4D13-2165 (Fla. 4th DCA) (September 10, 2014), the Fourth DCA affirmed the dismissal of a complaint for failing to comply with...
View ArticleFederal Court Allows Cruise Line to be Sued for Medical Malpractice
On November 10th 2014, the Eleventh Circuit overturned the long-standing rule that cruise lines could not be sued for medical malpractice. In Franza v. Royal Caribbean Cruises, 2014 WL 5802293 (11th...
View ArticleFlorida’s 90 Day Tolling Period in Medical Malpractice Actions for “Potential...
Florida’s medical malpractice law is very complicated as there are many procedural requirements set forth in Chapter 766 of the Florida Statutes. If these rules are not strictly followed, the court may...
View Article
