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Articles Posted in Medical Malpractice

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Florida Medical Malpractice Claim Requirements Can be Impacted by a Defendant’s Federal Status

The statute of limitations on Florida medical malpractice claims is two years from the date of the incident/cause of action. However, it’s important to have an experienced medical malpractice attorney review your claim much sooner than that deadline if possible. There are several good reasons for this, not the least…

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Florida Arbitration Agreements Increasingly Common in Health Care

Doctors, nurses and other healthcare providers in Florida have a professional and legal responsibility to provide care to patients according to the prevailing standard for their education, experience and position. When they fail to do so resulting in patient harm, they can be held accountable with a Florida medical malpractice…

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Filing a Birth Injury Lawsuit in South Florida

For every 1,000 children born in the U.S., 1.9 suffer some type of birth injury, also referred to as birth trauma. The good news is this rate has fallen from about 2.6 for every 1,000 births since 2004, as the use of instruments like forceps and vacuums have become less…

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What to Know When Filing a Florida Plastic Surgery Medical Malpractice Lawsuit

A South Florida plastic surgeon facing a medical malpractice lawsuit in the 2016 death of one patient is now facing a new allegation of malpractice after another patient said a breast lift and tummy tuck left her scarred for life. NBC-6 Miami reports the second patient survived, but only after…

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Military Families Can Now Sue for Medical Malpractice

Active duty military members now have the right to sue for medical malpractice injuries after a December vote by Congress to enact a new provision to the National Defense Authorization Act. As our South Florida medical malpractice attorneys can explain, long-held legal precedent has been that service members are prohibited…

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Florida Supreme Court to Weigh Hospital Liability of Independent Contractor Doctors

The Florida Supreme Court has agreed to decide whether a hospital can be held accountable for the negligent treatment by independent-contractor emergency room doctors. Our West Palm Beach medical malpractice lawyers will be closely following the developments of this case, and a decision is likely to be handed down sometime…

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“Can I Sue for Midwife Malpractice in Florida?”

GateHouse Media recently reported on the trend of more expectant mothers deciding to give birth outside of a hospital, with labor and delivery overseen with a midwife or doula. Many mothers who choose this route say it is a rejection of the sterile and sometimes impersonal experience of a hospital…

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Florida Supreme Court Asked to Revisit Medical Malpractice “Crisis,” Constitutional Challenges

A state appellate court has urged the Florida Supreme Court to revisit whether a largely-debunked medical malpractice insurance “crisis” still justifies limiting damages in certain medical malpractice wrongful death lawsuits. The request, posed as a question of great public importance, stems from the Fla. 2nd DCA’s reluctant dismissal of a…

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Nurse Drops Patient: Medical Malpractice or Ordinary Negligence?

Lifting patients is a common – and extremely dangerous – duty of nurses in all different settings. Those in hospitals, nursing homes, urgent care and surgery centers are typically required to follow certain protocol when they do lift to reduce the chances of. Unfortunately sometimes due to short-staffing and lack…

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Failure to Treat Preeclampsia Results in $230M Medical Malpractice Verdict

A renowned hospital in Baltimore has been ordered to pay $230 million for allegedly causing a severe birth injury, according to plaintiffs. Medical malpractice attorneys understand this case involved failure to abide the standard of care for that profession, allegedly causing severe birth injury. The verdict includes: $3.6 million in…

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