The Miami Herald recently reported that Florida hospitals are finding ways to hamper patients’ access to medical records as provided in the voter-approved provision of the Florida Constitution. Seven years ago, Florida voters overwhelmingly approved a Constitutional amendment that allows patients access to hospital records of adverse incidents involving medical procedure errors and poor care. [...]
By Kelley Uustal Healthcare Law Update, December 12th, 2011
The Fifth District Court of Appeal recently reversed a final summary judgment entered in favor of a psychiatric facility, finding that the plaintiff had no obligation to engage in the presuit normally required in medical malpractice cases. James Joseph, a former patient of University Behavioral Center (“UBC”), filed suit against the psychiatric facility after he [...]
By Kelley Uustal Healthcare Law Update, October 24th, 2011
Last week, the Third District Court of Appeal denied a petition for certiorari filed by The Public Health Trust of Miami-Dade County. The appeal stemmed from a trial order denying the Trust’s motion for summary judgment on its defense of sovereign immunity and the Trust’s motion for judgment on the pleadings, alleging it was immune from suit under Florida’s [...]
By Kelley Uustal Healthcare Law Update, October 5th, 2011
The Third DCA recently addressed whether a healthcare facility’s adverse medical incident reports are protected as attorney work product. In a unanimous opinion, the Court held that the work product privilege does not extend to comments and findings of hospital personnel routinely contained in adverse medical incident reports. In reaching this decision, the court compared [...]
By Kelley Uustal Healthcare Law Update, September 1st, 2011
The Eleventh Circuit Federal Court of Appeals recently addressed the constitutionality of Florida’s statutory cap on non-economic damages in medical malpractice cases. Fla. Stat. § 766.118. The Eleventh Circuit affirmed the district court’s application of Florida’s statutory cap and concluded that there was no violation of the Equal Protection Clause of the US Constitution under [...]
By Kelley Uustal Healthcare Law Update, June 2nd, 2011
The first DCA recently ruled that a settlement proposal in a medical malpractice case was invalid, because it was conditioned upon joint acceptance by both plaintiffs. After receiving a defense verdict, the defendants at issue successfully sought costs and attorneys’ fees from the trial court, pursuant to Florida’s Offer of Judgment Statute, Section 768.79(1), Fla. [...]
By Kelley Uustal Healthcare Law Update, March 28th, 2011
The Fourth DCA recently reversed a trial court’s order granting summary judgment for a defendant hospital in a medical malpractice action. In so doing, the appellate court held that it was error to grant the hospital’s motion for summary judgment, where the hospital failed to establish that there was no issue of fact regarding causation. [...]
By Kelley Uustal Healthcare Law Update, March 21st, 2011
The 2nd District Court of Appeals recently addressed the adequacy of medical provider notice regarding the Neurological Injury Compensation Plan, where some, but not all, medical providers have complied with statutory notice requirements. The Glenn family filed suit seeking damages for severe injuries suffered by their newborn daughter. They sued and settled with the obstetrician [...]
By Kelley Uustal Healthcare Law Update, February 23rd, 2011
Researchers at the University of California School of Medicine recently released the findings of a study that indicate that babies born at night may be at greater risk of developing neonatal encephalopathy, a rare brain condition that can lead to epilepsy, cerebral palsy, or death. The researchers looked at almost 2 million California births over [...]
By Kelley Uustal Healthcare Law Update, January 7th, 2011
The 5th District Court of Appeals recently addressed the adequacy of the qualifications of a pre-suit expert, and determined that the trial court did not err in its denial of the defendant hospital’s motion to dismiss, despite the fact that the registered nurse at issue had no hospital experience in the preceding three years. The complaint [...]
By Kelley Uustal Healthcare Law Update, November 17th, 2010
