Does Doctor-Patient Privilege Apply to My Malpractice Case?
On October 10, a federal appeals court upheld a controversial aspect of Florida’s medical malpractice law regarding ex-parte communications. What Are Ex-Parte Communications? Ex-parte communications refers to any decisions or consultations made by one party without the other party present. Florida’s medical malpractice law currently requires plaintiffs to sign a form before they file a lawsuit,… Read more »
Posted in Medical Malpractice, Medical Malpractice Trial
Do Hospitals and Doctors Lie During Medical Malpractice Lawsuits?
ProPublica recently published an interview with a retired doctor who admitted he lied under oath during a medical malpractice lawsuit twenty years ago. According to the doctor, he was lying to protect a colleague who had made a horrific surgery mistake. The mistake caused a stroke that left the patient permanently brain damaged. Attorneys representing… Read more »
Tags: Healthcare
Posted in Medical Malpractice Trial
Joan Rivers’ Medical Malpractice Lawsuit Ends in Settlement
Almost two years ago, 81-year-old comedian and television personality Joan Rivers died during a laryngoscopy. A medical malpractice lawsuit filed against Yorkville Endoscopy by Rivers’ daughter, Melissa Rivers, claims that doctors were initially scheduled to perform a vocal-cord biopsy, a less risky procedure. Performing a laryngoscopy may have caused Rivers to go into cardiac arrest,… Read more »
Tags: PatientSafety
Posted in Medical Malpractice Trial
Are Cruise Ship Doctors Liable for Negligent Actions?
Late last year we blogged about Franza v. Royal Caribbean Cruises, the 11th Circuit Court of Appeals and their historic ruling striking down the dated precedents set by the 1988 decision of Barbetta v. S/S Bermuda Star. The old “Barbetta rule” exonerated cruise lines from responsibility in the event of medical malpractice by the onboard… Read more »
Posted in Medical Malpractice Trial
Florida Couple Wins Birth Injury Lawsuit
A Florida couple sued their doctor and ultrasound technician for failing to tell them their son was disabled before he was born. The young couple was diligent about prenatal care and following doctor’s orders, so they were excited to welcome the new addition to their family. Tragically, the child was born catastrophically disabled, with no… Read more »
Posted in Birth Injury, Medical Malpractice, Medical Malpractice Trial, Medical Negligence, Misdiagnosis
Is School Staff Responsible for Athlete’s Death?
The Florida Supreme Court is currently deciding whether or not schools have a duty to use potentially lifesaving medical devices on students. In 2008, an 18-year-old soccer player collapsed and stopped breathing during an intramural soccer game. The coach performed CPR on the boy, but it took almost 26 minutes for the paramedics to resuscitate… Read more »
Posted in Medical Malpractice, Medical Malpractice Trial, Medical Negligence
Do Medical Malpractice Lawsuits Actually Help Anyone?
Settlements from medical malpractice lawsuits can be worth millions, but most cases are about more than money. In many cases, victims use the suit to force changes in the healthcare system and prevent future injuries. Millions of patients receive care at doctors’ offices and hospitals every year, but they can be very dangerous places. The… Read more »
Posted in Medical Malpractice Trial
Are Doctors Suspended After Malpractice Claims?
A CBS investigation discovered that most Florida doctors with a history of malpractice claims retain their medical licenses, even after multiple settlements. In 2009, a 42-year-old mother of two was vacationing in Florida with her family when she was diagnosed with appendicitis. She had to be rushed to the hospital for emergency surgery. Unfortunately, the… Read more »
Posted in Medical Malpractice, Medical Malpractice Trial
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