22 May

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Supreme Court holds medical malpractice caps not retroactive

The 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…

05 May

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Mistake in name of malpractice defendant not basis to throw out suit

Posted by Malpractice Specialist

in medical malpractice

Florida’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…

18 April

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Malpractice defendant wins but not entitled to attorneys fees

Posted by Malpractice Specialist

in medical malpractice

Florida Supreme Court quashes lower appeals court decision in malpractice case and holds that a proposal for settlement was invalid because it was an unapportioned joint offer. A plaintiff filed…

20 March

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Malpractice defendant not allowed to obtain information about expert

Posted by Malpractice Specialist

in medical malpractice

Appellate Court in Florida case denies certiorari for the defendant seeking discovery of plaintiff’s presuit expert witness. A medical malpractice defendant moved to dismiss the complaint on the grounds that…

28 February

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Malpractice defendant not allowed to depose Plaintiff’s expert

Posted by Malpractice Specialist

in medical malpractice

Florida Appeals Court finds that defendant in ordinary negligence suit not entitled to depose plaintiff’s former medical malpractice expert witness after medical malpractice claim with co-defendant settled. A patient en…

20 February

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Object left behind during surgery – special jury instruction denied

Posted by Malpractice Specialist

in medical malpractice

Ruling on foreign object Fourth District Appeals Court in Florida affirms trial court’s denial of the jury instruction on “foreign body presumption” of malpractice. A patient and his wife sued…

13 February

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University of Miami Hospital denied NICA immunity

Posted by Malpractice Specialist

in medical malpractice

Florida appellate court rules university hospital not required to provide NICA notice in order to assert NICA immunity in medical malpractice action based on its own alleged direct negligence; however,…

22 December

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Malpractice plaintiff entitled to attorney fees from defendant

Posted by Malpractice Specialist

in medical malpractice

Appellate court in Florida affirms trial court order granting attorney fees based on medical malpractice plaintiff’s proposal for settlement. After a patient was paralyzed during a procedure to stent his…

20 December

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Malpractice presuit notice extends statute of limitations for all

Posted by Malpractice Specialist

in medical malpractice

Florida appeals court finds that pre-suit notice of intent, once received by some malpractice defendants, tolls the statute of limitations for all possible medical malpractice defendants. A patient who had…

Supreme Court holds medical malpractice caps not retroactive

Mistake in name of malpractice defendant not basis to throw out suit

Malpractice defendant wins but not entitled to attorneys fees

Malpractice defendant not allowed to obtain information about expert

Malpractice defendant not allowed to depose Plaintiff’s expert

Object left behind during surgery – special jury instruction denied

University of Miami Hospital denied NICA immunity

Malpractice plaintiff entitled to attorney fees from defendant

Malpractice presuit notice extends statute of limitations for all

$10.35 Million dollar settlement for a blind and partially paralyzed man

$12 Million FTCA Medical Malpractice Recovery in South Florida

$5 million given by Trulieve to support recreational marijuana in FL

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

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