medical malpractice lawyers in florida
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Appeals court upholds count against hospital

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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...

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Flu Prevention Tips

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...

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Appeals court upholds NICA weight 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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Appeals court holds that a claim brought against a hospital

Appeals 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 case and must follow all of the medical malpractice procedural rules.    The patient’s lawsuit had two parts.  The first part claimed that the hospital was negligent and failed to exercise reasonable care for her safety.  A second part of the lawsuit was based on §766.110, Florida Statutes, titled “Liability of Healthcare Facilities.”  §766.110 is a law that says there is a duty on the part of hospitals “to … assure...

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