Florida medical malpractice laws Archives - Page 3 of 4

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 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 Appellate Court Affirms Summary Judgment For Hospital In Medical Malpractice Case

September 10, 2016

On August 24, 2016, the District Court of Appeal of Florida Second District (“Appellate Court”) affirmed the trial court entering summary judgment on behalf of the defendant hospital in a Florida medical malpractice wrongful death lawsuit, finding that the physicians who treated the dece[...]

Florida Appellate Court Upholds Defendants’ Ex Parte Communications With Medical Malpractice Plaintiffs’ Health Care Providers

July 24, 2015

In its opinion filed on July 21, 2015, the District Court of Appeal First District, State of Florida (“Appellate Court”) upheld certain 2013 amendments to the medical malpractice presuit notice sections of the Florida Statutes (Sections 766.106 and 766.1065) that allow for presuit ex p[...]

Florida Appellate Court Approves Limit On Number Of Medical Malpractice Experts Testifying At Trial

July 6, 2015

In its opinion filed on June 26, 2015, the District Court of Appeal of the State of Florida Fifth District (“Appellate Court”) “receded” from its decision in a prior case that had held that with only very broad [sic] limits, all qualified expert opinion testimony in a medic[...]

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

July 3, 2015

In its opinion filed on July 1, 2015, the District Court of Appeal of the State of Florida Fourth District (“Appellate Court”) held that the caps on noneconomic damage awards in personal injury medical malpractice cases are unconstitutional, extending a prior Florida Supreme Court cas[...]

Florida Supreme Court Overturns Award Of Defendants’ Attorneys Fees In Medical Malpractice Case

April 21, 2015

In a written opinion dated April 16, 2015, the Supreme Court of Florida (“Florida Supreme Court”) overturned an award of attorneys fees and costs to the medical malpractice defendants, finding that the defendants had failed to strictly comply with the statutory requirements in order to [...]

Federal Appellate Court Upholds Presuit Requirement Of Florida’s Medical Malpractice Law

October 13, 2014

On October 10, 2014, a three-member panel of the U.S. Court of Appeals for the Eleventh Circuit (“Appeals Court”) overturned a lower federal court’s decision that the written authorization form required to be provided by Florida medical malpractice plaintiffs as set forth in Fl[...]

Florida Supreme Court Says Cap On Wrongful Death Noneconomic Damages Violates Equal Protection

March 14, 2014

On March 13, 2014, the Supreme Court of Florida (“Florida Supreme Court”) held that “the cap on wrongful death noneconomic damages provided in section 766.118, Florida Statutes, violates the Equal Protection Clause of the Florida Constitution.” The case involved an Air Force [...]

Florida Supreme Court Upholds Intent Of Amendment 7

February 8, 2014

In its decision dated January 30, 2014, the Supreme Court of Florida (“Florida Supreme Court”) upheld the intent of so-called Amendment 7 (Art. X, § 25, Fla. Const.), which is entitled, “Patients’ right to know about adverse medical incidents.” Amendment 7 was passed[...]

Federal Judge Strikes Down Part Of Florida’s New Medical Malpractice Law

September 30, 2013

On September 25, 2013, a federal judge in Florida struck down a part of Florida’s recently enacted changes to its medical malpractice law because it was in conflict with federal law. At issue was Florida Statutes § 766.1065, which took effect on July 1, 2013, that added to the long-stan[...]

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Tag: Florida medical malpractice laws