Florida Medical Malpractice Archives - Page 10 of 23

Florida Appellate Court Affirms University’s Immunity For Its Employee’s Alleged Medical Negligence

November 20, 2020

The Third District Court of Appeal State of Florida (“Florida Appellate Court”), in its opinion filed on October 28, 2020, affirmed that the University of Miami d/b/a Miller School of Medicine (“University”) was entitled to sovereign immunity pursuant to section 768.28, Florida Statu[...]

Florida Appellate Court Reverses Medical Malpractice Defense Verdict Due To Defective Verdict Form

September 25, 2020

The District Court of Appeal of Florida Second District (“Florida Appellate Court”) held in its opinion dated July 17, 2020, “While our review of the record has determined that the jury instructions were proper, we agree with Haynes that the verdict form was legally insufficient to[...]

Florida Appellate Court Affirms Dismissal Of Mental Health Malpractice Claim Arising From Parkland School Shooting

September 16, 2020

In its May 27, 2020 opinion, the District Court of Appeal of the State of Florida Fourth District (“Florida Appellate Court”) stated, “Florida law does not recognize a duty of mental health providers to warn third parties that a patient may be dangerous. This is because of “the i[...]

Florida Oncology Group Admits To Antitrust Violations, Agrees To Pay $100 Million

August 3, 2020

The U.S. Department of Justice is continuing to investigate market allocation in the oncology industry, announcing on April 30, 2020 that Florida Cancer Specialists & Research Institute LLC (“FCS”), an oncology group headquartered in Fort Myers, Florida, was charged with conspiring [...]

Florida Appellate Court Says Failure-To-Transfer Claim Is A Medical Malpractice Claim

July 13, 2020

The District Court of Appeal of the State of Florida Fifth District (“Florida Appellate Court”) stated in its opinion dated May 29, 2020, “The issue presented by these consolidated petitions is whether a claim arising out of the alleged failure to complete a medically necessary tra[...]

Florida Appellate Court Overturns Plaintiff’s Medical Malpractice Verdict Because Defense Not Allowed To Present Causation Argument

July 7, 2020

In its opinion filed on May 22, 2020, the District Court of Appeal of Florida Second District (“Florida Appellate Court”) held: “The trial court’s erroneous conclusion that USF was the sole and the initial tortfeasor in this case prevented USF from presenting its causation de[...]

Florida Appellate Court Holds Negligence Case Should Have Been Dismissed For Failure To Follow Medical Malpractice Presuit Procedures

July 5, 2020

The District Court of Appeal of the State of Florida Fourth District (“Florida Appellate Court”) held in its unpublished opinion dated May 20, 2020, “We agree with Defendants that the complaint sounds in medical negligence and that the trial court departed from the essential requir[...]

$30M Florida Medical Malpractice Verdict Against Orthopedic Doctors

June 13, 2020

On March 6, 2020, a Florida medical malpractice wrongful death jury returned its verdict in favor of the plaintiff in the amount of $30 million, finding one of the defendant orthopedic doctors liable for 5% of the verdict and the other defendant orthopedic doctor responsible for 95% of the verdict. [...]

Florida Pain Clinic Agrees To Pay $41M To Settle Unnecessary Urine Drug Testing Claims

June 5, 2020

The United States Attorney for the Middle District of Florida announced on April 15, 2020 that a Florida pain clinic and associated other defendants have agreed to pay a total of $41 million to resolve alleged violations of the False Claims Act for billing Medicare, Medicaid, TRICARE, and other fede[...]

USA Today Reports Nearly 6,900 Florida Physicians Do Not Have Medical Malpractice Insurance

January 9, 2020

USA Today reports: “Nearly 6,900 doctors in Florida lack malpractice insurance or other coverage … When they maim and kill, there’s less recourse, leaving patients damaged physically and financially, with families struggling to pay medical bills … Those physicians have been disci[...]

Florida Appellate Court Affirms Cap On Noneconomic Damages In Medical Malpractice Arbitration Cases

January 8, 2020

Florida Statute Section 766.118(2) states: “LIMITATION ON NONECONOMIC DAMAGES FOR NEGLIGENCE OF PRACTITIONERS.— (a) With respect to a cause of action for personal injury or wrongful death arising from medical negligence of practitioners, regardless of the number of such practitioner defe[...]

Florida Appellate Court Sides With Hospital In Medical Malpractice Discovery Dispute

December 26, 2019

The District Court of Appeal of Florida Second District (“Florida Appellate Court”) held, in its opinion filed on December 11, 2019, that it was “clear that the trial court departed from the essential requirements of law. Its order requiring Tarpon Springs to produce “each an[...]

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Category: Florida Medical Malpractice