Personal Injury and Medical Malpractice Blog

In the case of Ward v. Morlock (Fla. 5th DCA Case Number 5D16-1641), the Fifth DCA held that the dangerous instrumentality doctrine in Florida should apply to a car accident between Florida residents in South Carolina. Facts Of The Case Mr. Morlock (A Florida resident) was on...

In the case of Duarte v. Snap-On, Inc. (Fla. 2d DCA Case Number 2D15-1952), the Second DCA reversed a dismissal for fraud upon the court. How Is Fraud Upon The Court Decided? Fraud upon the court has recently been a frequent tactic for defense firms and insurance companies to avoid...

A study published in the New England Journal of Medicine on in-hospital care for sepsis (published May 21, 2017) found that every hour delayed in giving antibiotics or other key medical care resulted in an increase in chances of death by 4 percent. Sepsis Can Be Very Deadly If...

In the case of Encarnacion v. Lifemark Hospitals of Florida, Case Number 3D15-0834,summary judgment was granted against the plaintiff because she could not produce any evidence to defeat section 786.0755, Fla. Stat. regarding transitory foreign substances on the floor. Facts Of The...

Dennett Blue, Jr. died after hitting a semi-truck that was making a left hand turn into the Cedar Trail Landfill on SR60 in Bartow, Florida on May 18, 2017.  The accident happened at approximately 5:30 a.m. as Ariel Soto’s semi-truck got hit crossing the highway....

Ray Brewer sustained serious injuries when he was pinned in between two cars after the vehicle that he was riding in pulled over onto the shoulder of the highway. Two Separate Collisions This case involves two collisions.  First, Kyle Keating was driving a 2007 Ford E350 when he...

A crash with injuries was reported on State Road 60 in between Indian Lake Estates and the Westgate Ranch.  The photographs show a severe collision with an SUV and a semi-truck.  The news media has not released the identities of those injured or how the police believe that...

In the case of Worley v. Central Florida Young Men’s Christian Ass’n, Inc. (YMCA), Case Number SC15-1086, the Florida Supreme Court held that a referral of a client from a lawyer to a doctor is protected by the attorney-client privilege and does not have to be...

In the case of Trainor v. PNC Bank (Case Number 5D-4536), the Fifth DCA in Florida held that a pothole, despite being an open and obvious condition, did not discharge the duty to maintain the premises in a reasonably safe condition. Facts Of The Case The plaintiff in this personal...

In the case of St. Joseph’s Hospital v. Doe (Case Number 2D16-2122), the Second DCA established that a claim brought under section 766.110, Fla. Stat., for an alleged deficiency in a hospital’s comprehensive risk management plan is considered a “medical...

In the case of Dockswell v. Bethesda Memorial Hospital, Inc. (SC15-2294), the Florida Supreme Court made it clear that when a foreign body is unintentionally left inside a patient, then the burden of proof automatically shifts to the defendant to prove that medical negligence was not...

In the case of Depriest v. Greeson (Case Number 1D16-0807), the First DCA in Florida held that the dangerous instrumentality doctrine does not apply for vicarious liability in the time before a personal representative is appointed.  The estate of the deceased vehicle owner was...

While HB 461 (2017) passed in the Florida House of Representatives, it failed in the Senate in 2017.  HB 461 would have repealed Florida’s no-fault law for car accident insurance and would have mandated that all drivers carry bodily injury liability coverage in the event...

On April 18, 2017, the US Supreme Court reached a decision in Coventry Health Care v. Nevils and found that Federal Employee Health Benefit Plans (FEHBA) pre-empt state law on subrogation and reimbursement rights following a personal injury settlement or jury verdict. How Does...

Medical malpractice is the third leading cause of death in the United States according to a 2016 study done through Johns Hopkins University.  The study found that there were approximately 251,000 deaths on an annual basis due to medical errors.  Despite that evidence,...

Vanessa Miller died as a result of a car accident in Davenport, Florida on US27 near the intersection with Legacy Park Boulevard.  Miller was 26 years old.  Luigi Grieco sustained serious injuries as a result of the accident.  Grieco is 22 years old and was airlifted...

Congress will soon be voting on the “Protecting Access To Care” Act  of 2017 (House Bill 1215) in Washington, D.C. The bill is squarely aimed at reforming medical malpractice laws across the country. Iowa Representative, Steve King, sponsored the bill “to...

John Camfield struck five children who were getting off of a school bus at Allegheny Road and Athabasca Drive in Poinciana, Florida on April 27, 2017.  Camfield fled the scene of the accident afterwards and is suspected of drunk driving.  Two of the children were reported by the...

A dump truck carrying sand turned over while turning right from SR60 (Van Fleet Drive) onto US98 in Bartow, Florida on April 26, 2017.  The truck was attempting to head northbound on US98.  This is the busiest intersection in Bartow and resulted in closure of several...

I have encountered a number of car accident cases as a personal injury attorney in Lakeland, Florida where there was an accident at a 4-way stop because the drivers didn’t know who was supposed to go first.  This article covers what to do when you arrive at a 4-way stop at...