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Articles Posted in Medical Malpractice

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The Four D’s of Florida Medical Malpractice Lawsuits

Florida medical malpractice lawsuits are filed when patients harmed by poor quality medical care deviates from the prevailing standards for their practice, specialty, and region. F.S. 766.102 explains that plaintiffs in Florida medical malpractice cases bear the burden of proof to establish by the greater weight of evidence that the…

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South Florida Medical Malpractice Lawsuit Against Eye Doctor Revived

A South Florida medical malpractice lawsuit against an eye doctor has been revived by Florida’s 2nd District Court of Appeal. Although ophthalmologists aren’t the most commonly-named defendants in Florida medical malpractice cases, eye doctor malpractice can result in serious, disabling injuries. Those impacted can seek financial compensation. Examples of Florida…

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South Florida Medical Malpractice Claims for “Never Events” Can Yield High Damage Awards

Any health care provider will tell you that with every procedure, treatment, or medication, there may be a modicum of risk. Poor medical outcomes aren’t always the basis for a South Florida medical malpractice lawsuit. However, grounds for such claims may be strong when the incident in question involves a…

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Florida Medical Malpractice Ruling: Hospital Liability May Rest on Degree of Control

One of the complicating factors in South Florida medical malpractice cases stemming from negligence in hospitals is that very often, the doctors are not direct employees of the hospital. Why does this matter? Because in Florida, employers can be held vicariously liable for the negligent actions of their employees. That…

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Surgeon Faces Hundreds of Florida Medical Malpractice Lawsuits

A surgeon and the hospital where he worked are facing hundreds of Florida medical malpractice lawsuits alleging life-altering injuries to patients, who allege the doctor’s 2020 retirement due to a progressive neurological disorder came about four years too late. By then, complaints of the doctor’s shaking hands, slurring speech, unsteady…

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Florida Medical Malpractice Wrongful Death Bill Dies in Committee

A bipartisan-supported state bill that would have allowed non-economic damage claims in Florida medical malpractice wrongful death cases to be brought by the parents of unmarried, childless adult children over age 25 has failed in the Senate Rules Committee. The outcome was disappointing, but predictable, given the strength of the…

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Who is a Qualified Expert in a Florida Medical Malpractice Lawsuit? Florida Supreme Court to Decide.

The parameters of qualified medical experts in Florida medical malpractice lawsuits will be weighed by the Florida Supreme Court. Justices recently allowed the Florida Medical Association, American Medical Association, and Hospital Medical Association to file briefs in the case supporting the hospital defendant. As our Palm Beach medical malpractice lawyers…

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Liability for Florida Amputation Injuries

Liability for Florida amputation injuries may be imputed to negligent doctor/hospital (medical malpractice), property owner who failed to correct an unsafe condition (premises liability), careless motor vehicle driver (auto accident claim), or product manufacturer/distributor who designed/manufactured/sold a defective product (product liability). There could be other liable parties too, depending on…

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Is a Florida Hospital Fall a Negligence or Medical Malpractice Claim?

Is a claim involving a Florida hospital fall one of negligence – or medical malpractice? Our West Palm Beach medical malpractice lawyers recognize this as an important distinction because on the one hand, negligence cases have a four-year statute of limitations and a lower proof burden. Most medical malpractice claims,…

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Florida Medical Malpractice Laws Fail Adult Children, Their Parents

As longtime South Florida medical malpractice attorneys, one of the most heartbreaking things over the years has been telling parents of adult patients – and adult children of unmarried patients – that they have no legal recourse after their loved one has died due to medical negligence. That’s because the…

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