Medical Malpractice Lawyer Blog

In the case of Cavanaugh v. Stryker Corporation, Case Number 4D19-523 (Fla. 4th DCA October 7, 2020), Florida’s Fourth DCA held that complex medical devices are subject to a “risk utility test” as opposed to a “consumer expectations test” for product...

In the case of Betty Jean Haynes v. William Blackshear, Jr., MD, Case number 2D18-4649 (Fla. 2d DCA July 17, 2020), Florida’s Second DCA held that engaging in unnecessary diagnostic tests is considered an independent cause of action under section 766.111, Fla. Stat. As such,...

In the case of Rockledge HMA, LLC, et al., v. Michael S. Lawley, et al., Case Numbers 5D19-1223, 5D19-1919, 5D19-1225, and 5D19-1957, (Fla. 5th DCA May 29, 2020), Florida’s Fifth DCA held that an accusation against a hospital for failing to complete medically necessary...

The Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed by Congress and signed into law on March 27, 2020, provides temporary immunity regarding COVID-19 emergency treatment from volunteers. Subsequently in March 2021, the Florida Legislature passed sweeping...

In the case of Misty Mobley and Tavaris Sanders v. Homestead Hospital, Inc., Case Number 3D18-895 (Fla. 3rd DCA December 26, 2019), Florida’s Third DCA held that contacting an attorney and requesting medical records pursuant to section 766.204, Fla. Stat. is not sufficient to...

In the case of Taylor Poole, MD v. Deborah DeFranko, et al., Case Number 3D18-1809 (Fla. 3rd DCA December 18, 2019), Florida’s Third DCA held that Florida’s damage caps in medical malpractice arbitration and the sanction for failing to accept arbitration are...

In the case of David Howell and N.H. v. William Balchunas, MD, et al, Case Number 1D19-288 (Fla. 1st DCA December 17, 2019), Florida’s First DCA held that language in a pre-suit affidavit alleging that a radiology error “could have led,” “potentially leading...

In the case of Florida Birth-Related Neurological Injury Compensation Association v. Luis Arturo Jimenez, Case Number 3D18-1814 (Fla. 3d DCA August 28, 2019), Florida’s Third DCA held that parents who chose to reject a NICA award to pursue a lawsuit under the exceptions listed...

In the case of North Broward Hospital District v. Michael Slusher, Case Number 4D19-1868 (Fla. 4th DCA August 21, 2019), Florida’s Fourth DCA held that a nurse helping a fall-risk patient in getting out of a bed must be sued in medical malpractice pursuant to Chapter 766, Fla....

In the case of Specialty Hospital-Gainesville, Inc., v. Charles Barth, Case Number 1D18-511 (Fla. 1st DCA July 15, 2019), Florida’s First DCA held that the comparative fault of a subsequent tortfeasor (and the use of Fabre or “empty chair” arguments) cannot be...

According to a press release from Johns Hopkins Medicine, medical errors are considered to be the third highest cause of death in the United States. The Study Patient safety experts with Johns Hopkins examined death records over an 8-year time frame and calculated that more...

In the case of Guillermo Tabraue III, Esq. v. Doctors Hospital, Inc., Case Number 3D16-1661 (Fla. 3d DCA March 27, 2019), Florida’s Third DCA held that a hospital emergency room (staffed by independent contractors) does not have a non-delegable duty to provide non-negligent...

In the case of Michelle Davis as personal representative of the Estate of Sandra Dale Essex v. Michael A. Karr, M.D., et al, Case Number 5D18-149 (Fla. 5th DCA January 25, 2019), Florida’s Fifth DCA held that pre-suit affidavits from an emergency room physician, a radiologist,...

In the case of Tuyuana Morris v. Orlando Muniz, M.D., Case Number SC16-931 (Fla. September 6, 2018), the Florida Supreme Court held a finding of prejudice is required in order for a trial judge to dismiss a medical malpractice action for an alleged Chapter 766 pre-suit...

In the case of Craig Simmons v. Jackson Memorial Hospital, Case Number 3D17-2291 (Fla. 4th DCA August 1, 2018), a patient who was violently beaten by a third party during his stay at the hospital was not required to follow medical malpractice pre-suit requirements under Chapter 766,...

In the case of Osceola Regional Hospital v. Calzada, Case Number 5D17-4097 (Fla. 5th DCA July 6, 2018), Florida’s Fifth DCA reminded medical malpractice litigants that judges are required to hold an evidentiary hearing and make evidentiary findings in cases involving an alleged...

In the case of Plantation General Hospital v. Division of Administrative Hearings and Belzi, Case Number 4D16-2652 (Fla. 4th DCA April 4, 2018), the Florida Fourth DCA held that it was improper for a medical malpractice arbitration panel to award “economic damages” for...

In the case of Rodriguez v. Nicolitz, Case Number 1D16-4604, (Fla 1st DCA May 18, 2018), the First DCA held that a pre-suit affidavit from an “infectious disease” specialist did not comply with section 766.106, Fla. Stat. as the “same or similar specialty” as...

In the case of The National Deaf Academy, LLC v. Townes, Case Number SC16-1587 (April 26, 2018), the Florida Supreme Court held that a physical hold or restraint placed on a patient residing at the facility by an employee was not considered medical treatment, and therefore, could not...

In the case of Cantore v. West Boca Medical Center, Inc., Case Number SC15-1926, the Florida Supreme Court released a corrected opinion on April 26, 2018 providing clarity on when the “reckless disregard” standard applies in medical malpractice cases involving the...