Congratulations to the University of Central Florida on obtaining state approval for building a new teaching hospital to go along with its new medical school. We are fans of UCF…
Continue readingMedical Malpractice Payments Decline for the 15th Straight Year Insurance companies and doctors frequently complain that the rising cost of malpractice claims is a reason to place restrictions on malpractice law suits. They claim there…
Continue readingA patient died of meningitis caused by an ear infection, and his widow sued for medical malpractice. Up until trial, there was no allegation in the pleadings or by the…
Continue readingAppeals court holds that a claim brought against a hospital alleging failure to properly screen its staff members, one of whom then sexually assaulted the patient, is a medical malpractice…
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Appeals court quashes trial court order reinstating medical malpractice complaint after dismissal based on failure to comply with presuit expert “same specialty” requirement. There is a statute in Florida…
Continue readingIn a much-anticipated decision, the Fourth DCA holds that statutory caps in medical malpractice cases imposed by §768.118, Fla. Stat. (2005) are unconstitutional in medical malpractice injury cases, even when…
Continue readingThe 5th District Court of Appeal has ruled that trial judges have the discretion to limit the number of expert witnesses in medical malpractice trials. The Court receded from its…
Continue readingThe Florida Supreme Court declined to address the constitutionality of damage caps in injury malpractice cases but did declare that if such caps are constitutional they may not be applied…
Continue readingFlorida’s Second District holds that a suit naming hospital auxiliary instead of the hospital as the defendant was a mere misnomer and that an amended complaint naming the correct defendant…
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