medical malpractice lawyers in florida
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Where to buy medical malpractice insurance

Medical Malpractice Insurance

There are many places to buy medical malpractice insurance in Florida.  One way to proceed is to contact each of the major malpractice companies in Florida and simply ask what they need in order to buy coverage with them and what it would cost.  The leading medical malpractice insurance companies in Florida currently are: Medical Protective https://www.medpro.com/ PPro-Assurance https://www.proassurance.com/ The Doctors Company http://www.thedoctors.com/ Mag Mutual https://www.magmutual.com/ If you do not want to deal directly with the insurance companies, you may find your coverage through an insurance agency that represents multiple medical malpractice carriers.  Two of the leading medical malpractice insurance carriers for Florida are: Arthur...

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Do you know which president died from medical malpractice?

Capitol Building

It is widely believed that President James A. Garfield was killed by medical malpractice.  Here’s the story:   Less than 4 months after obtaining office Garfield was shot in the arm and back by Charles Guiteau, who reportedly was angry because President Garfield declined to name him the Ambassador to France.  According to a story reported in CBS news, and elsewhere, the shot in the back was not fatal because it did not hit any vital organs.  The bullet lodged behind his pancreas.  If the doctors had just left him alone he likely would have survived.  However, within minutes of being...

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Florida Supreme Court strikes down caps on noneconomic damages in other types of medical malpractice cases.    

Back in 2004, a law was passed by the Florida Legislature placing severe caps on noneconomic damages in medical malpractice cases.  In a Florida Supreme Court case decided back in 2014, the Florida Supreme Court found those caps to be unconstitutional in malpractice cases involving the death of the patient.   (Estate of McCall v. the United States, 134 So. 3d 894 (Fla. 2014).  That earlier decision technically left open the question of whether the caps were still in effect for malpractice cases when the patient was only seriously injured but did not die because of the medical malpractice.   Now, in...

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Florida Supreme Court upholds statutory “foreign body presumption of malpractice,” even when additional evidence of negligence exists.  

Medical Malpractice Implements

Normally, a malpractice plaintiff must prove that malpractice occurred, causing their injuries.  But Florida has a law which provides that following a surgery if a foreign object is found left in the surgical site (sponges, scalpels, needles, catheters, etc.), that fact alone establishes for the patient that medical malpractice occurred.   The burden then shifts to the doctor or hospital defendant to specifically prove they were not negligent.    In this case, a patient was still having abdominal pain four months after surgery, and a CT scan found a 4.25-inch piece of drainage tube left inside his abdomen, requiring a second surgery...

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Appeals court holds NICA distinction

Appeals court holds NICA distinction between minimum weights for single births and multiple gestations does not violate federal equal protection laws.     The NICA program, which provides compensation for certain severe injuries to babies that occur during labor and delivery, will not provide benefits for an infant whose birth weight is under 2500 grams (about 5.5 pounds).   However, for multiple gestation pregnancies (twins, triplets, etc.), babies can get NICA benefits as long as their birth weight is at least 2000 grams (about 4.4 pounds).   In this case, a baby suffered severe injuries at birth but was denied benefits because it was...

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Florida Supreme Court holds Florida patients are entitled to access to hospital adverse incident reports, in spite of federal statute.   

Florida Supreme Court holds Florida patients are entitled to access to hospital adverse incident reports, in spite of federal statute.    For many decades, there were laws on the books in Florida which specifically prevented patients from having access to information about adverse medical incidents and patient injuries within hospitals, including even information about mistakes made in the patient’s own medical care.   In 2004, Florida voters approved an amendment to the Florida Constitution changing the law and allowing wide access to hospital adverse incident records.  This change to the Florida Constitution is often referred to as the “Patient’s Right to Know”...

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Appeals court ruling on patient fall cases

Medical Malpractice may cover Patient Falls

Appeals court finds that if an unstable patient falls while being escorted to receive medical treatment, it may or may not be medical malpractice.    The distinction between a medical malpractice case and a general personal injury case is very important because malpractice cases are subject to many more onerous procedural rules that must be followed to avoid having the case thrown out.   In this case, a 99-year-old patient was being treated for skin cancer by a mobile radiation van that would come to her residence periodically.  On all but one occasion, an employee of the van’s corporate owner would bring...

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Common Medical Malpractice Mishaps

Doctors looking over brain scan images

    Under Florida law, a healthcare provider must exercise that level of care, skill, and treatment which is recognized as acceptable and appropriate by reasonably prudent similar healthcare providers under similar circumstances. In other words, the standard of care is often described as doing what a reasonably prudent doctor (or nurse, dentist, etc.) would do under the circumstances.  In a malpractice trial, the judge tells the jury about this definition, and after hearing the evidence of what happened the jury decides what they believe a reasonably prudent similar healthcare provider should have done under the circumstances. This article will discuss some doctor...

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Florida Supreme Court strikes down an obstetrician’s “mandatory” patient arbitration agreement.

Florida Medical Malpractice - Surgeon

Florida Supreme Court Strikes Down A pregnant patient was having contractions but because she showed up a few minutes late for the appointment with her obstetrician, they turned her away without an examination and rescheduled her for another date.  Unfortunately, she delivered her stillborn son before the new appointment.  After she and her husband filed a malpractice law suit, the doctor tried to get the case thrown out, arguing that they had waived their rights to file a law suit by signing his medical office’s mandatory arbitration agreement. Naturally, the arbitration agreement the doctor was using contained very unfavorable terms for his...

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