State Supreme Court to Address Applying Damage Cap Ruling Retroactively
We recently addressed whether wrongful death damage caps were constitutional in, Estate of McCall v. US, 2014 Fla LEXIS 933 (Fla. Mar. 13, 2014). To briefly summarize, the Florida Supreme Court struck down the arbitrary statutory amounts that could be awarded for nonfinancial losses such as mental anguish and pain and suffering. This was a… Read more »
Posted in Medical Malpractice, Medical Negligence
Should a Physician Charged with Medical Malpractice Lose Their License?
Yes, sometimes physicians charged with medical malpractice should lose their licenses. However, the answer to that question is complicated, because you have to assess each situation individually. In recent news, The Florida Board of Medicine also found the answer challenging. Peter V. Choy, 70, was recently found guilty of making fraudulent representations, failing to keep… Read more »
Posted in Medical Malpractice, Medical Negligence
Medical Malpractice: The Medical Community’s Resistance to Change
People say that change and necessity are the mothers of invention. From a medical malpractice standpoint, change has long been needed in the medical community. Still, the medical community seems as resistant as ever to implementing innovative safety measures. In today’s blog we explore some startling medical malpractice statistics and discuss why the field of… Read more »
Posted in Medical Malpractice, Medical Negligence
Are You Entitled to Know About Healthcare Providers’ Adverse Medical Incidents?
If you are a patient, then you are entitled to know about your healthcare providers’ adverse medical incidents. This would also apply if you are a legal guardian. The Florida Supreme Court addressed this issue in Ampuero-Martinez, etc., v. Cedars Healthcare Group, etc., et al., Nos. SC11-2208, SC11-2336 (Fla. January 30, 2014). The victim’s daughter… Read more »
Posted in Medical Malpractice, Medical Negligence
Are Doctors Liable for Medical Malpractice When Treating Depression?
Yes, in certain cases doctors can be held liable for medical malpractice when treating depression. In one tragic case that was brought before the courts, Robert Granicz v. Joseph S. Chirillo, Jr., et al., Case No. 2D12-5244 (Fla. Dist. App. February 19, 2014), a woman committed suicide and her husband claimed that the doctor had… Read more »
Posted in Medical Malpractice, Medical Negligence
Florida Supreme Court Strikes Down Statutory Caps on Medical Malpractice Noneconomic Damages in Wrongful Death Cases
Statutory caps on medical malpractice noneconomic damages in wrongful death cases are not valid. Noneconomic damages are best defined as: compensations claimed against intangible harms such as pain and emotional distress, disfigurement, loss of enjoyment of life, sterility and quality-of-life losses. In March of 2014, the Florida Supreme Court issued a groundbreaking decision on statutory… Read more »
Posted in Medical Malpractice, Medical Negligence
Are Wrongful Death Damage Caps Constitutional?
Prior to March of this year, Florida had non-economic damage caps on medical malpractice claims resulting in wrongful death. This meant that any award of damages for nonfinancial losses, such as mental anguish, pain and suffering, disfigurement and loss of companionship, were capped at an arbitrary statutory amount. So what changed in March? The Florida… Read more »
Posted in Medical Malpractice
