find Florida medical malpractice attorneys Archives

Florida Appellate Court Finds Psychiatric Patient’s Assault On Another Patient Is Ordinary Negligence, Not Medical Malpractice

August 27, 2018

The Third District Court of Appeal State of Florida (“Florida Appellate Court”) stated in its opinion filed on August 1, 2018 that it was unable to conclude that the act from which the plaintiff’s claim arises – the attack on the plaintiff by another patient in a Florida hospital[...]

Florida Supreme Court Discusses What Is, And Is Not, A Medical Malpractice Claim

May 8, 2018

The Supreme Court of Florida (“Florida Supreme Court”) held in its opinion filed on April 26, 2018: “In accordance with the Legislature’s definition of medical malpractice and this Court’s relevant case law, we hold that for a claim to sound in medical malpractice, the act from[...]

Florida Supreme Court Requires Hospital’s Disclosure Of Adverse Medical Incident Report To Medical Malpractrice Plaintiff

November 1, 2017

In its opinion filed on October 26, 2017, the Supreme Court of Florida (“Florida Supreme Court”) discussed and analyzed Amendment 7, which requires the disclosure of adverse medical incident reports to medical malpractice plaintiffs who request same, turning aside the medical malpractice[...]

Florida Appellate Court Holds Medical Malpractice Plaintiff Should Have Been Granted Summary Judgment On Statute Of Limitations Issue

September 17, 2017

The Third District Court of Appeal State of Florida (“Florida Appellate Court”) held in a 2 to 1 opinion filed on August 30, 2017 that the trial court erred in not granting summary judgment in favor of the Florida medical malpractice plaintiff on the issue of the statute of limitations[...]

Florida Appellate Court Finds Patient’s Pre-Surgery Release Of Neurosurgeon Was Ambiguous

July 1, 2017

Prior to undergoing spinal fusion surgery, a patient was asked to sign a release provided by the neurosurgeon and his medical practice that stated: “As of January 1, 2003, Dr. Michael D. Paul, and the professional corporation of MacMillan, Paul and Burkarth, P.A., also known as Treasure Coast [...]

$1.46M Florida Medical Malpractice Verdict For Surgeon’s Failure To Read Pre-Op Clearance Report

June 23, 2017

A 60-year-old woman who had foot surgery died from blood clots that formed in her lower extremities and traveled to her heart and lungs. The woman’s husband of 36 years filed a Florida medical malpractice wrongful death lawsuit against the defendant foot surgeon, contending that he failed to r[...]

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