Medical Malpractice Lawyer Blog

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Liability Standard For Defects In Complex Medical Devices

Liability Standard For Defects In Complex Medical Devices

Medical Malpractice

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...

Temporary Immunity Provided For COVID-19 Medical Care

Temporary Immunity Provided For COVID-19 Medical Care

Medical Malpractice

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...

Summary Judgment on Statute of Limitations for Medical Malpractice

Summary Judgment on Statute of Limitations for Medical Malpractice

Medical Malpractice

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...

Florida Medical Malpractice Arbitration Caps Upheld

Florida Medical Malpractice Arbitration Caps Upheld

Medical Malpractice

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...

Johns Hopkins Study Evaluates Medical Errors

Johns Hopkins Study Evaluates Medical Errors

Medical Malpractice

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...

Pre-Suit Affidavit From Same Medical Specialty Required

Pre-Suit Affidavit From Same Medical Specialty Required

Medical Malpractice

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,...

Prejudice Required To Dismiss For Pre-Suit Violation

Prejudice Required To Dismiss For Pre-Suit Violation

Medical Malpractice

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...

Evidentiary Hearing Required To Dismiss For MM Pre-Suit Violation

Evidentiary Hearing Required To Dismiss For MM Pre-Suit Violation

Medical Malpractice

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...

Clarity On Florida’s “Reckless Disregard” Standard

Clarity On Florida’s “Reckless Disregard” Standard

Medical Malpractice

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...

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