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…
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,…
Continue readingAppellate 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…
Continue readingFlorida 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…
Continue readingFlorida court holds suit for hospital’s failure to remove recalled medication from its supply is not governed by medical malpractice rules. A patient was given tainted heparin during cardiac…
Continue readingThird District Court of Appeal in Florida declines to review trial court order finding university’s ex parte contact with treating doctor privileged. The plaintiffs filed a medical malpractice suit against…
Continue readingFlorida appeals court holds an evidentiary hearing not always required when ruling on the motion to dismiss for failure to comply with malpractice pre suit screening requirements found in Chapter…
Continue readingFederal appeals court declines to adopt “Barbetta rule” and holds that a cruise ship may be vicariously liable for the negligence of ship medical staff under the actual or apparent…
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