Personal Injury and Medical Malpractice Blog

A federal judge ruled section 766.118, Florida Statutes unconstitutional with regard to damages caps for Medicaid patients who file medical malpractice cases in Dixon v. U.S., (Case No.: 15-23502-Civ-Scola, S.D. Fla. April 17, 2017). $300,000 Damages Cap On Non-Economic Damages The...

Robert Allen Topping, II, died after striking the rear end of a service truck and then a disabled semi-truck on Interstate-4 near State Road 33 on July 11, 2017.  Topping was driving a 2006 Isuzu pickup truck and is reported to have left the outside lane for unknown reasons and...

A hit and run accident in Frostproof, Florida on July 7, 2017 took the life of Jerry Dean Walker.  The Ledger reports that Walker was in the road and was carrying beer with him.  The accident happened on U.S. 98 near the intersection with Avon Park Cutoff Road at...

Scratty Joseph died from injuries sustained in a motorcycle accident in Lakeland, Florida at the intersection of 540A and S. Florida Avenue.  The accident happened on June 13, 2017 and he died the next day at Lakeland Regional Health Medical Center.  Joseph, who was from...

An Uber driver got into an argument with wet riders who called for a ride from Adventure Island that resulted in the driver firing his gun while on the job.  The Uber driver now claims that the discharge was “accidental.”  Discharging a firearm in public is a...

Takata Corporation, a Japanese corporation, declared bankruptcy amid its massive liabilities to car manufacturers and consumers for defective airbags.  Despite the bankruptcy, news reports indicate that a Chinese owned (but U.S. based) company, Key Safety Systems, acquired...

Daniel R. Fernandez and his attorney, Dax J. Lonetto, Sr., have taken their appeal of an administrative decision on the cost of medical records to the Florida Supreme Court in Fernandez v. Department of Health, et al., SC17-1165. This case began when Healthport Technologies, which is...

State Trooper William Trampass Bishop died when he was hit by a car on I-75 while responding to a traffic accident on June 17, 2017 near mile marker 403 in High Springs, Florida.  Bishop was a 30-year veteran of the HIghway Patrol.  He was outside of his patrol vehicle...

The Florida First DCA in Bay County Board of Commissioners v. Eartha Seeley, Case Number 1D16-2829 (April 24, 2017) held that the applicable deadline to “serve” a medical provider with a pre-suit notice of intent to sue is that it must be “mailed” by the...

The case of Bove v. Naples HMA, LLC, et al, 2D-1680 (Fla. 2d DCA 2016) decided a pivotal issue regarding the statute of limitations in Florida medical malpractice cases. The Second DCA decided that Florida law requires a notice of intent to sue a medical provider for medical...

A majority of headlights in small and mid-size SUV’s were rated as “poor.” The Insurance Institute for Highway Safety (IIHS) tested 21 small SUV’s and 37 mid-size SUV’s with deficiencies found in more than half of all models tested. Why Aren’t All...

The FDA requested that Endo Pharmaceuticals, the manufacturer of Opana ER, remove the medication from the marketplace on June 8, 2017. Opana ER is an opioid pain reliever (oxymorphone hydrochloride) and was inteded to provide 24 hour pain relief to patients with moderate to...

The Florida Supreme Court holds that caps on damages in medical malpractice cases violates the equal protection clause of the Florida Constitution in North Broward Hospital District v. Kalitan, Case Number SC15-1858 (June 8, 2017). What Were The Damages Caps? Florida’s medical...

The CDC reports statistics that six teenagers are killed in car accidents across the country on average every day.  Many of these accidents are due to distracted driving. The Impact Of Teenage Driving Touches Everyone Most of us become better drivers through many years of...

The Journal of Pediatrics published a study done on the impact of child restraints in car accidents and the impact on pediatric mortality.   “Unintentional injury” was listed as the leading cause of death to children in the United States with motor vehicle...

In the case of Wolicki-Gables v. Doctors Same Day Surgery Center, Ltd. (Fla. 2d DCA Case Number 2D15-2495), summary judgment was granted in favor of the surgery center because Florida does not recognize a private right of action for violation of FDA regulations. Facts Of The...

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...