Personal Injury and Medical Malpractice Blog

Florida’s Second DCA announced a new rule in Payas v. Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital Celebration, et. al, Case Number 2D16-3615 (Fla. 2d DCA 2018), where it was stated that hospitals in Florida have a nondelegable duty maintain surgical robots and...

History Of Florida’s Medical Malpractice Damage Caps Florida initially passed its statute capping noneconomic damages in medical malpractice cases in 2003 during the so-called “medical malpractice crisis.” Since that time, medical malpractice has become less of a...

In Stewart v. Draleaus, (Case Number 4D15-2320, 4D15-2321- and 4D15-2322), a violation of a temporary motorcycle license, not allowing him to the motorcycle driver to carry a passenger, was held to be considered relevant evidence in a trial. Contested Facts Of The Accident To...

In Florida, there is generally not a duty for a person to take affirmative action to protect or provide aid to another unless there is a “special relationship” that exists.  A “special relationship” exists under a number of different scenarios including...

In Weaver v. Myers, (Case Number SC15-1538)(Fla. 2017), the Florida Supreme Court held that ex parte communications with a plaintiff’s treating physicians as part of the medical malpractice pre-suit process is unconstitutional. In addition, the Court held that a person does not...

In Rasinski v. McCoy, (Case Number 5D15-4423), Florida’s Fifth DCA defines the standard necessary to prove a future loss of earning capacity as only requiring a showing of “reasonable certainty.” Facts Of The Case Rasinski caused an accident which resulted in an...

In Gonzalez v. Stoneybrook West Golf Club, (Case Number 5D16-2680), summary judgment in favor of the golf course was reversed because sufficient evidence existed that the golf course could be held responsible for an accident between their patron and a third person off the premises. A...

In Harrison v. Gregory, (5D16-1037 and 5D16-2552), the Fifth DCA reversed a trial verdict where the plaintiff’s attorney had mentioned to the jury that apportioning 50% or more to the plaintiff would result in “no recovery.” Both the trial court and the Fifth DCA...

Many personal injury and car accident cases involve relatively “minor” injuries. Insurance companies like to treat these cases as fraud and they defend them by trying to make the plaintiff out to be a liar. However, “minor” injuries may be “minor”...

Amendments to the federal Medicaid Act that took effect on October 1, 2017 are changing the way that Medicaid liens attach to personal injury settlements in Florida and across the nation. UPDATE- This change in the law was superseded by the Bipartisan Budget Act of 2018 (BBA) passed...

With recent accusations and settlements in the entertainment industry, the issue of sexual assault and sexual harassment in the workplace has become a multi-million dollar legal issue to business owners and insurance companies. Here’s What You Need To Know About Litigating A...

Jessica Guevara died from a tire blowout accident on I-75 near Apollo Beach, Florida. Witnesses described children being ejected from the vehicle. The news reported that some of the children were not wearing seat belts at the time of the accident. Injuries to the children were...

If you need to sue for a car accident caused by a pizza delivery driver (i.e. Dominos, Pizza Hut, Papa John’s, Hungry Howies, etc.), then you will likely face multiple legal challenges for which there are no easy answers. Employee v. Independent Contractor-An Issue Of Fact For...

The Tampa Bay Times reports that Ricky Melendez feels “betrayed” by GEICO, his own insurance company, after GEICO paid policy limits to the families of teenage boys who stole a Ford Explorer before crashing into him at over 100 mph.  Melendez is quoted as saying that...

There is more technology than ever available to buyers of new cars in 2017. The AAA Foundation for Traffic Safety conducted a study on drivers using in-vehicle technology including voice commands and touch screens. The study found that drivers were visually and mentally distracted...

The world of personal injury litigation is one of the most hotly contested areas of law and is a sore subject of political debate across the United States. There are some people who feel that the civil justice system is broken while others believe that the civil justice system,...

Publix Supermarkets, Inc. announced a recall of 38,000 pounds of ground turkey due after metal shavings were found in some packets of meat. Is My Ground Turkey Part Of The Recall? If your package of turkey was produced on September 25 or 26, 2017 and was sold in 1.3 lb., 1.2 lb., or...

Personal injury lawyers in Florida have become very competitive about getting new cases. While every law firms needs new cases to survive, as a consumer you should be aware of some of the advertising tricks that personal injury lawyers in your area are using. “The Insurance...

In Brooks v. Paul (Case No. 4D16-2538)(June 7, 2017), the Fourth DCA of Florida held that a medical malpractice waiver (pre-injury release of liability) was not enforceable. Facts Of The Case The plaintiff, Myra L. Brooks sued her neurosurgeon, Dr. Michael D. Paul, after her...

The summer of 2017 was a hot time for appeals on proposals for settlement in Florida. In Dowd v. GEICO General Insurance Company (3D15-1725)(June 28, 2017), the Third DCA lets a plaintiff injured in a crosswalk accident off the hook for responsibility while the Fourth DCA in Sherman...