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Florida’s 90 Day Tolling Period in Medical Malpractice Actions for “Potential Defendants”

Florida’s medical malpractice law is very complicated as there are many procedural requirements set forth in Chapter 766 of the Florida Statutes. If these rules are not strictly followed, the court may strike pleadings and, in a worst case scenario, a potential lawsuit may subsequently be barred by the applicable statute of limitations. An early stage […]

By Kimberly Wald, January 23rd, 2015 Add comment

Federal Court Allows Cruise Line to be Sued for Medical Malpractice

On November 10th 2014, the Eleventh Circuit overturned the long-standing rule that cruise lines could not be sued for medical malpractice.  In Franza v. Royal Caribbean Cruises, 2014 WL 5802293 (11th Cir. 2014), the Eleventh Circuit allowed a Plaintiff to sue a cruise line for the alleged medical negligence of the onboard ship doctor and nurse.  […]

By Kimberly Wald, November 24th, 2014 Add comment

If an action “arises out of medical diagnosis, treatment, or care” you must follow pre-suit requirements

Recently, in Buck v. Columbia Hospital Corp. of South Broward, Case No. 4D13-2165 (Fla. 4th DCA) (September 10, 2014), the Fourth DCA affirmed the dismissal of a complaint for failing to comply with the pre-suit requirements of Chapter 766 of the Florida Statutes. The issue was whether this cause of action was ordinary negligence or medical […]

By Kimberly Wald, October 22nd, 2014 Add comment

New Article Documents High Rates of PTSD in Former ICU Patients

When most people think of post-traumatic stress disorder (PTSD) they imagine a soldier returning home to civilian life after witnessing the atrocities of war in a far-away foreign locale. However, a recent article in the New York Times on July 22, 2013 entitled “Nightmares After the I.C.U.” introduces a form of PTSD that has been […]

By Bonnie Navin, August 14th, 2013 Add comment

Avoiding Readmission and The Importance of Discharge Instructions

When patients are discharged from a stay in the hospital the last thing on their mind is coming back for another stay. However, an article entitled “At Too Many Hospitals, a Revolving Door” from the New York Times paints a very different picture. The article outlines a recent study in the New England Journal of […]

By Bonnie Navin, August 14th, 2013 Add comment

Medically Stable or not? It’s a jury question!

Medically Stable or not: It’s a jury question! The First District Court of Appeal, on June 21, 2012, held in University of Florida v. Marguerite Stone, as Personal Representative of the Estate of Ronald Stone, that the Good Samaritan Act, found at Florida Statute 768.13 (2003), is in most cases a factual dispute left to […]

By Bonnie Navin, June 26th, 2012 Add comment

An Unverified Expert Opinion is Not Enough

As we know, courts will look for every opportunity to allow a litigant to have their day in court but they will not do so when every opportunity is available to follow the statutory procedures within the statute of limitations period. In a recent opinion out of the Fourth District Court of Appeal, the court […]

By Bonnie Navin, April 30th, 2012 Add comment

New Trial Granted for Defense Counsel Improper Conduct

In an interesting turn of events, the Second District Court of Appeal turned the tables on an earlier opinion after consideration of the remand by the Florida Supreme Court on the issue of whether improper conduct on the part of defense counsel during trial, some of which on the record and some not, should be […]

By Bonnie Navin, April 30th, 2012 Add comment

Presuit Notice to Dr. is Sufficient to Impute Knowledge to Hospital Where a Legal Relationship Exists

NOTICE IS NOTICE, don’t ignore the words “Agents, Employees, and Apparent Agents”: The intended Plaintiff sent presuit notice of intent to sue to the physician and his group alleging malpractice by this doctor and his group while caring for the Plaintiff at the hospital. Such notice included the doctors “agents, employees, and apparent agents”. Presuit […]

By Bonnie Navin, April 30th, 2012 Add comment

Hospitals Hampering Florida’s Right To Know Amendment

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 Bonnie Navin, December 12th, 2011 Add comment

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