09 March

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Appeals court upholds count against hospital

Appeals court upholds count against hospital for failing to ensure non-employee doctor used its surgical robot safely, causing patient’s death. Many hospitals hire doctors as “independent contractors” rather than ordinary employees, in the hope, it will mean that if the doctor commits malpractice, the hospital cannot be held responsible for it. However, many doctors in Florida have little or no medical malpractice insurance, while hospitals have plenty of insurance. Therefore, it is often in a medical malpractice plaintiff’s best interest if there is a way to show that the hospital should be held responsible for the malpractice of a doctor working...

17 January

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Flu Prevention Tips

Posted by Malpractice Specialists

in medical malpractice

Flu season is in full effect and the Center for Disease Control and Prevention (CDC) has even issued a flu epidemic warning for this year's strain. The 2018 flu strain is unusually resilient due to the virus's dominant strain, H3N2, which experts have described as one that causes severe symptoms and can be deadly. The CDC states that "The single best way to prevent seasonal flu is to get vaccinated each year, but good health habits like covering your cough and washing your hands often can help stop the spread of germs and prevent respiratory illnesses like the flu. There also are flu...

29 December

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10 New Year’s Eve Safety Celebration Tips

Posted by Malpractice Specialists

in Event

We want you to have a happy, memorable, and safe New Year’s Eve.

Here’s what you should know to avoid some of the biggest dangers for the holiday and to stay safe and healthy on New Year’s Eve.

21 November

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Where to buy medical malpractice insurance

Posted by Malpractice Specialists

in Legal Advice, medical malpractice

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...

10 November

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Do you know which president died from medical malpractice?

Posted by Malpractice Specialists

in medical malpractice

One of the Presidents of the United States was Killed by Medical Malpractice Here is the story of President James A. Garfield: 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...

30 October

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

Posted by Malpractice Specialists

in medical malpractice, statute

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...

16 October

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

Posted by Malpractice Specialists

in medical malpractice

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...

03 October

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Appeals court upholds NICA weight distinction

Posted by Malpractice Specialists

in claims, Legal Advice, medical malpractice

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...

10 September

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

Posted by Malpractice Specialists

in medical malpractice, 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”...

30 August

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Appeals court ruling on patient fall cases

Posted by Malpractice Specialists

in Legal Advice, medical malpractice

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...

Appeals court upholds count against hospital

Flu Prevention Tips

10 New Year’s Eve Safety Celebration Tips

We want you to have a happy, memorable, and safe New Year’s Eve.

Here’s what you should know to avoid some of the biggest dangers for the holiday and to stay safe and healthy on New Year’s Eve.

Where to buy medical malpractice insurance

Do you know which president died from medical malpractice?

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

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

Appeals court upholds NICA weight distinction

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

Appeals court ruling on patient fall cases

$7.9 million dollar medical malpractice verdict for 77-year-old stroke victim

10 New Year’s Eve Safety Celebration Tips

Appeals court affirms judgment for defendant nursing facility

Appeals court holds that a claim brought against a hospital

Appeals court invalidates release form the surgeon made a patient sign BEFORE surgery

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