Was Florida’s Frivolous Lawsuit Crisis Real? (No)
According to the Florida Supreme Court, state legislators created a false medical malpractice crisis to increase the profits of insurance companies. Recently, the court ruled that statutory caps on non-economic damages (pain and suffering, inconvenience, impairment, anguish, etc.) in claims where a person died due to medical malpractice violated the state constitution’s equal protection clause,… Read more »
Posted in Medical Malpractice, Medical Negligence
Does a New Florida Law Affect Doctor and Patient Confidentiality?
Yes, a recent change to Florida law regarding expert witnesses was a threat to injured patients and their interests, that same law also threatens the relationship between injured patients and their regular physicians. Can I Trust My Doctor To Keep My Medical History Private? Doctors and other medical professionals have a duty to keep your… Read more »
Posted in Medical Malpractice, Medical Negligence
Who Can Be an Expert Witness in Florida Medical Malpractice Cases?
Until recently, Florida medical malpractice law defined an expert witness as a healthcare provider who practices in the same or similar specialty as the defendant. For example, if a patient suffered a spinal injury at a hospital, that patient could use a surgeon in another field, like an orthopedic surgeon, who performed the same procedures… Read more »
Posted in Medical Malpractice, Medical Malpractice Trial, Medical Negligence
How Long Do I Have to File a Medical Malpractice Claim in Florida?
The statute of limitations is the deadline to sue a person or an entity for injuring you. If you file suit after the statute of limitations has run out, your claim will be denied regardless of whether you were injured and deserve compensation. The statute of limitations for Florida medical malpractice is two years after… Read more »
Posted in Medical Malpractice, Medical Negligence
Is My Child Suffering Because of a Doctor’s Mistake?
There are three birth injuries per hour in the U.S. each year, according to RightDiagnosis.com. For a child to suffer a life-altering injury at anytime is devastating, but when it happens during birth, it is particularly heart-wrenching. These types of injuries should never come as the result of a preventable medical error. However, more often… Read more »
Posted in Medical Malpractice, Medical Negligence
Could a Doctor Discontinue My Medication Too Soon?
Losing a loved one is never easy, but it is especially tragic when a preventable medical error is to blame. No matter whether that preventable error comes in the form of a failed diagnosis, improper treatment or some other action that goes beyond the bounds of proper procedure, the medical professionals who commit such acts… Read more »
Posted in Medical Malpractice, Medical Negligence, Medication Errors, Misdiagnosis
Are Florida Medical Malpractice Damage Caps Unconstitutional?
From 1996 to 1999, Florida hospitals revealed that only one out of every six medical errors resulted in a malpractice claim, according to citizen.org. Unfortunately, as the statistic above highlights, medical malpractice claims have a history of rarely being pursued by victims. In addition, for those who do pursue such claims, at least in some… Read more »
Posted in Medical Malpractice
What’s Causing the Most Deaths in Medical Malpractice?
We know that medical malpractice affects millions of Americans each year. There are many forms of medical malpractice, including surgical mistakes and medication errors. However, when it comes to death from medical malpractice, misdiagnoses outpace all other forms. The large majority of Americans, when hearing the term medical malpractice, immediately assume surgical errors or medication… Read more »
Posted in Medical Malpractice, Misdiagnosis
13 Years Later
In dark times, it helps to remember the goodness of humanity. When a shocking and horrifying terrorist attack killed and injured thousands, first responders risked their lives to help save them. In remembrance of these heroes, please find some time today to reflect upon those who made the ultimate sacrifice 13 years ago today.
Posted in Medical Malpractice
Is Florida’s Medical Liability System Broken?
In 2013, nearly 19 million Floridians had paid upwards of $40 billion in defensive medicine costs so that 75 medical malpractice cases could go to a jury trial to compensate 18 injured patients. If that sounds shocking, then you are not alone. Below, as reported by The Palm Beach Post, we will examine some of… Read more »
Posted in Medical Malpractice