In 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…
Continue readingFlorida 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…
Continue readingAppellate 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…
Continue readingFlorida 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…
Continue readingRuling 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…
Continue readingFlorida 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,…
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