In a review of a federal district court’s handling of a Florida birth injury lawsuit, the U.S. Court of Appeals for the 11th Circuit wrote the lower court, “Did an admirable job of MacGyvering a solution in this case, and we affirm much of what it did.” The appellate court…
Aside from skin cancer, breast cancer in the U.S. the No. 1 most common type of cancer in women – regardless of race or ethnicity. The Centers for Disease Control and Prevention reports its the No. 1 cause of death from cancer among Hispanic women and the No. 2 cause…
The parents of a 25-year-old South Florida man who died after a seemingly routine IV line removal are suing for medical malpractice, alleging Palms West Hospital made a preventable medical error – and then tried to cover it up. That’s what’s been reported in the Broward-Palm Beach New Times. His…
A patient who suffered a leg amputation was recently awarded nearly $5 million in damages in a Florida medical malpractice lawsuit against a doctor he alleged was negligent in failing to act quickly, given his medical condition. Failure of an on-call physician to timely and completely respond to a call…
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.…
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…
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,…
Not every injury that occurs at the hands of a medical professional or inside a medical institution is considered medical malpractice. The Florida Supreme Court once again made this distinction in a recent case when asked to consider whether the trial court made the right decision in tossing a negligence…
The Florida Supreme Court recently sided plaintiffs in a dispute regarding witness testimony in a medical malpractice lawsuit involving a young child forced to undergo a kidney transplant due to alleged failure to diagnose a chronic illness by her primary care doctor. In the case of Gutierrez v. Vargas, plaintiff…
The ongoing scourge of medical malpractice in Florida is reason the state legislature and health care professionals established the Peer Review process, as outlined in F.S. 395.0193. It’s a means of identifying potential problem areas for individual physicians by having colleagues review their work, with the stated goal being improvement…