Proving that negligence caused an elevator accident injury does not require expert witness testimony, the New Jersey Supreme Court ruled recently – echoing the precedent set by other state courts, including Florida. The ruling is notable for the fact that a requirement of expert witness testimony (as necessitated in medical…
A circuit court judge in Miami-Dade has ruled damage caps in a Florida medical malpractice lawsuit are unconstitutional and can’t be applied even when plaintiff previously rejected a defendant’s offer to voluntarily arbitrate the matter. It should be pointed out that in two previous Florida cases – N. Broward Hosp.…
The claims bill process for Florida personal injury and wrongful death lawsuits is once again coming under scrutiny for alleged lobbyist bias. This was after the Associated Press recently reported nearly half of the injury and wrongful death claims bills approved by state lawmakers in the last two years were…
When someone dies as the result of medical malpractice in Florida, state law unfortunately limits the types of damages that can be recovered – and by whom. Florida injury lawyers have long railed the restrictions on who may proceed with a medical malpractice claim in the event the patient dies…
When a patient goes to see their primary care physician, a specialist, or goes into the emergency room for immediate care, they are relying upon the expertise of their respective medical providers to diagnose what is wrong with them, if the cause of the illness or other medical condition is…
A hospital system in Alabama was granted a new trial following a jury verdict for $10 million in favor of a man who sued for medical malpractice over his infant son’s treatment. The primary cause for reversal, the Alabama Supreme Court ruled, was the trial court’s decision to allow prior…
A U.S. veteran died from blood poisoning, due to what his family alleges was medical negligence in the form of a misplaced catheter. According to MensHealth.com, the medical malpractice lawsuit filed by his survivors indicates the patient suffered from both a traumatic brain injury and multiple sclerosis when he sought…
Walk into almost any hospital emergency room or intensive care unit – and what do you hear? There is the almost constant whoosh-and-honk of the ventilator. There might be an infusion pump, beeping in a high-pitch tone every six seconds or so. Blood pressure monitors will let out one single…
In every negligence lawsuit in Florida, there are four basic elements plaintiffs need to prove: Defendant owed plaintiff a duty of care, defendant breached that duty, the breach caused plaintiff’s injuries and plaintiff suffered monetary damages (medical bills, lost wages, etc.) as a result. Slip-and-fall lawsuits in Florida, however, are…
Finding that an arbitration panel handling a medical malpractice lawsuit erred in the way it awarded loss of companionship and guidance damages to a husband and child in the death of a brand new mother, a Florida appeals court reversed a $4 million award of compensation. The ruling is disappointing,…