Before performing spinal fusion surgery, the surgeon had the patient sign a release form stating the following: As of January 1, 2013, [the doctor] will not carry any medical malpractice…
Continue readingA patient died of meningitis caused by an ear infection, and his widow sued for medical malpractice. Up until trial, there was no allegation in the pleadings or by the…
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Appeals court quashes trial court order reinstating medical malpractice complaint after dismissal based on failure to comply with presuit expert “same specialty” requirement. There is a statute in Florida…
Continue readingIn 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…
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