Florida Medical Malpractice Archives - Page 9 of 23

$6.5M Florida Medical Malpractice Wrongful Death Verdict Against Cardiologist

November 29, 2021

Following a two-week trial in September 2021, a Florida medical malpractice wrongful death jury found a cardiologist liable for the death of his 39-year-old patient, awarding $6.46 million. The plaintiff alleged that the cardiologist negligently diagnosed the woman with congestive heart failure, sep[...]

Florida Appellate Court Remands Case To Determine If Medical Malpractice Or Ordinary Negligence Is Alleged

November 12, 2021

The Third District Court of Appeal State of Florida (“Florida Appellate Court”) held in its opinion dated October 13, 2021: “Because Mr. Torres alleged sufficient facts to plead his action as one sounding in ordinary negligence, a dismissal with prejudice was not warranted at this [...]

Florida Appellate Court Remands Medical Malpractice Case For Consideration Of Remittitur

November 11, 2021

The Third District Court of Appeal State of Florida (“Florida Appellate Court”) in its opinion dated October 13, 2021 affirmed the Florida medical malpractice jury’s determination of liability in favor of the plaintiff but remanded the case to the trial court for proper considerati[...]

Florida Appellate Court Refuses To Apply Prohibitive Cost Defense In Ordering Nursing Home Arbitration

October 12, 2021

In its opinion filed on August 23, 2021, the First District Court of Appeal State of Florida (“Florida Appellate Court”) stated, “we affirm the trial court’s order compelling the parties to proceed with arbitration. Further, as to whether prohibitive cost can be a stand-alone def[...]

Florida Cardiologist Paid $6.75 Million To Resolve Allegations Of Performing Unnecessary Medical Procedures

October 9, 2021

The U.S. Department of Justice announced on September 15, 2021 that Dr. Ashish Pal, a cardiologist based in Orlando, Florida, paid $6.75 million to resolve allegations that he violated the False Claims Act by performing medically unnecessary ablations and vein stent procedures. The payment resolves [...]

Florida OB Loses Medical License After Death Of Mother Shortly After Giving Birth

May 6, 2021

It has been reported that 62-year-old Dr. Berto Lopez, 62, who had practiced obstetrics and gynecology in West Palm Beach, Florida for 38 years, had his medical license revoked after he was found liable for the death of Onystei Castillo-Lopeza, who bled to death after giving birth in July 2017. Dr. [...]

Federal Appellate Court Affirms Plaintiff Failed To Prove Surgical Scissors Caused Injury

April 21, 2021

The United States Court of Appeals for the Eleventh Circuit (“Federal Appellate Court”) held in its unpublished opinion filed on April 2, 2021: “At best, Pierre’s evidence presents a “mere possibility” that an insulation defect in the Scissors caused her thermal injury. But �[...]

Florida Appellate Court Affirms Trial Court’s Rejection Of Defense Race-Neutral Explanation For Striking Juror

April 13, 2021

The Florida Third District Court of Appeal (“Florida Appellate Court”), in its opinion filed on March 24, 2021, upheld a Florida medical malpractice verdict in favor of the plaintiff, finding no error with the trial court’s refusal to permit the exercise of a defense peremptory challen[...]

Florida Governor Signs Into Law Sweeping COVID-19 Immunity Law

April 3, 2021

On March 29, 2021, Florida’s Governor Ron DeSantis signed into law Senate Bill 72, which provides, in part: (3) In a civil action based on a COVID-19-related claim: (a) The complaint must be pled with particularity. (b) At the same time the complaint is filed, the plaintiff must submit an affi[...]

$625K Florida Medical Malpractice Verdict For Premature Removal Of Foley Catheter

March 16, 2021

In early February 2021, a Florida medical malpractice jury returned its verdict in the amount of $625,000 against a Florida hospital after a nurse removed a patient’s Foley catheter after only four days following surgery despite the fact that it was supposed to remain in the patient for at lea[...]

Florida Appellate Court Reverses Summary Judgment For Hospital Medical Malpractice Defendant Based On Apparent Agency

March 6, 2021

The District Court of Appeal of the State of Florida Fifth District (“Florida Appellate Court”) held in its opinion filed on February 5, 2021 that the medical malpractice defendant hospital (“Florida Hospital”) was not entitled to summary judgment for a surgeon’s allege[...]

$5M Legal Malpractice Verdict Reduced To $250K Against Florida Medical Malpractice Law Firm

December 1, 2020

In its November 6, 2020 opinion, the District Court of Appeal of Florida Second District (“Florida Appellate Court”) held: “Because the Pollocks introduced evidence that only established that a judgment of $250,000 was collectable, we reverse and remand for a remittitur of the dama[...]

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Category: Florida Medical Malpractice