Florida Medical Malpractice Archives - Page 15 of 23

$21.6M Florida Medical Malpractice Verdict For Deadly Delay In Breast Cancer Diagnosis

May 28, 2017

A 47-year-old former emergency room nurse recently obtained a $21.6 million Florida medical malpractice verdict against an ultrasound technician and the doctor who was interpreting the ultrasound for their alleged medical negligence in failing to diagnose her breast cancer. The judge in the Florida [...]

$33.8M Florida Birth Injury Verdict By Federal Judge

April 25, 2017

On April 17, 2017, a United States District Judge with the United States District Court for the Southern District of Florida awarded the plaintiffs a total of $33,813,495.91 against the United States for the severe and permanent birth injuries suffered by their child during his birth on Decemb[...]

Florida Supreme Court Rejects Rule Changes To Adopt Daubert Standard, Same Specialty Experts In Medical Malpractice Cases

February 21, 2017

In its opinion filed on February 16, 2017, the Supreme Court of Florida (“Florida Supreme Court”) considered legislative changes to the Florida Evidence Code and to section 766.102, Florida Statutes (2012), and declined to adopt, to the extent they are procedural, the changes to section[...]

Florida Supreme Court Orders Disclosure Of Adverse Medical Incidents To Medical Malpractice Plaintiff

February 13, 2017

In its opinion filed on January 31, 2017, the Supreme Court of Florida (“Florida Supreme Court”) addressed whether the records that patients in Florida have a right to access under article X, section 25, of the Florida Constitution (“Amendment 7”), specifically records relati[...]

Florida Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

February 11, 2017

In its decision filed on January 20, 2017, the District Court of Appeal for the State of Florida Fifth Circuit (“Appellate Court”) upheld the trial court’s decision to not enforce a nursing home arbitration agreement, finding that there had not been a sufficient showing to establi[...]

Florida Appellate Court Overturns Plaintiff’s Medical Malpractice Verdict

January 31, 2017

In its opinion filed on January 20, 2017, the District Court of Appeal of the State of Florida Fifth District (“Appellate Court”) overturned a medical malpractice jury’s verdict in favor of the plaintiff, finding that the plaintiff had wrongfully failed to disclose certain opinions[...]

Florida Supreme Court Discusses Foreign Body Presumption In Medical Malpractice Cases

January 28, 2017

In its opinion filed on January 26, 2017, the Supreme Court of Florida (“Florida Supreme Court”) held that the foreign-body presumption of negligence set forth in section 766.102(3)(b) is mandatory when a foreign body is found inside the patient’s body, regardless of whether direct ev[...]

Florida ALJ Determines Butt Lift Doctor Committed Multiple Acts Of Medical Malpractice

January 18, 2017

In her Recommended Order dated January 6, 2017, a Florida Administrative Law Judge (“ALJ”) stated that a Florida doctor who performed cosmetic surgery procedures on multiple patients in May 2015, including liposuction and fat injection procedures commonly referred to as a “Brazi[...]

Florida Supreme Court Voids Medical Malpractice Arbitration Agreement

December 24, 2016

In its decision filed on December 22, 2016, the Supreme Court of Florida (“Florida Supreme Court”) held that a medical malpractice arbitration agreement between a patient and her health care provider was void as against public policy because it excludes required provisions of the Medica[...]

Second Florida Appellate Court Holds Caps On Noneconomic Damages In Medical Malpractice Cases Unconstitutional

November 23, 2016

In its opinion filed on October 26, 2016, the District Court of Appeal of Florida Second District (“Appellate Court”) agreed with the 2015 opinion of the District Court of Appeal of Florida Fourth District that held that the section 766.118 caps on noneconomic damages are unconstitutiona[...]

Florida Supreme Court Refuses To Enforce Nursing Home Arbitration Agreement

October 2, 2016

The issue decided by the Supreme Court of Florida (“Florida Supreme Court”) in its written opinion filed on September 22, 2016 was whether the father who became a resident of the defendant Florida nursing home is bound by an arbitration clause in the nursing home contract signed by his[...]

Florida Medical Malpractice Defense Verdict For Alleged Ultrasound Negligence

September 22, 2016

After a recent four-day medical malpractice jury trial, a Florida jury took only two hours to return its verdict in favor of the defendant Florida OB/GYN and his medical practice. The plaintiff, who sought $8 million in compensatory damages from the defendants, alleged that the defendant had failed[...]

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Category: Florida Medical Malpractice