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… Read More
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Florida Appellate Court Reverses Medical Malpractice Defense Verdict Due To Defective Verdict Form
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… Read More
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Florida Appellate Court Says Failure-To-Transfer Claim Is A Medical Malpractice Claim
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… Read More
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Florida Appellate Court Overturns Plaintiff’s Medical Malpractice Verdict Because Defense Not Allowed To Present Causation Argument
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… Read More
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Florida Appellate Court Holds Negligence Case Should Have Been Dismissed For Failure To Follow Medical Malpractice Presuit Procedures
The District Court of Appeal of the State of Florida Fourth District (“Florida Appellate Court”) held in its unpublished opinion dated May 20, 2020, “We agree with Defendants that the complaint sounds in medical negligence and that the trial court… Read More
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Florida Appellate Court Affirms Cap On Noneconomic Damages In Medical Malpractice Arbitration Cases
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 defendants, noneconomic… Read More
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Florida Appellate Court Sides With Hospital In Medical Malpractice Discovery Dispute
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… Read More
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Florida Appellate Court Holds Claim That Nurse Allowed Patient To Fall From Hospital Bed When She Answered Her Telephone Sounds In Medical Negligence
The District Court of Appeal of the State of Florida Fourth District (“Florida Appellate Court”) held in its opinion dated August 21, 2019 that a claim that a nurse who allegedly caused a patient, designated as a “fall risk,” to… Read More
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Florida Supreme Court Holds Medical Malpractice Defendant’s Negligence Need Only Be A Substantial Cause Of The Plaintiff’s Harm
The Supreme Court of Florida (“Florida Supreme Court”) held in its opinion filed on December 20, 2018: “Our medical malpractice jurisprudence makes clear that a physician may be the proximate cause of a patient’s injury even if that physician is… Read More
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Florida Supreme Court Revives Medical Malpractice Wrongful Death Case Involving Woman Who Died 3 Days After Giving Birth
The Supreme Court of Florida (“Florida Supreme Court”) held in its 4-to-3 opinion filed on September 6, 2018 that (1) where the facts regarding the presuit expert’s qualifications are unrefuted, the proper standard of review of a trial court’s dismissal… Read More
