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Florida Appellate Court Upholds Damages Cap in Medical Negligence Cases

On October 13, 2010, Florida’s Third District Court of Appeals, in Deno v. Lifemark Hospital of Florida, No. 3D09-984 (Fla. 3d DCA 2010), upheld the ruling of an arbitration panel, holding that the relevant statutory cap on non-economic damages in medical negligence cases allows victims to receive up to $250,000 per claimant, but not per […]





By Bonnie Navin, October 19th, 2010 Add comment

Hospital Responsibility for Anesthesiologist can be Nondelegable Duty

In Wax v. Tenet, 32 Fla. L. Weekly D641a (4th DCA March 7, 2002) a 37-year-old gentleman underwent an elective hernia repair at West Boca Medical Center. The surgical consent included a provision consenting to anesthesia administration by South Palm Beach Anesthesiologists, PA. Plaintiff moved for summary judgment on whether the hospital had a nondelegable […]





By Bonnie Navin, March 8th, 2007 Add comment

Presuit Doesn’t Apply to Hospital’s “Simple Negligence”

In Lakeland Regional v. Allen, 32 Fla. L. Weekly D94b (2d DCA December 27, 2006) the Second DCA addressed a situation where a hospital was alleged to have served a patient a turkey sandwich that caused salmonella infection and the ultimate demise of the patient.  The trial court denied a motion to dismiss for failure […]





By Bonnie Navin, February 16th, 2007 Add comment

Administrative Law Judge can Determine NICA Notice

In NICA v. DOA, 32 Fla. L. Weekly (Fla. Sct January 11, 2007), the Supreme Court addressed the issue of whether an Administrative Law Judge (ALJ) has jurisdiction to decide whether proper NICA notice was given.  The case stems from situations where defendants in medical malpractice cases raised NICA as an affirmative defense.  The Plaintiffs […]





By Bonnie Navin, February 16th, 2007 Add comment

Presuit Affidavits Need Not Name Every Prospective Defendant

In Michael v. MSN, 32 Fla. L Weekly D207b (3rd DCA January 10, 2007), a man went to a hospital following a head laceration.  While there he experienced chest pain, and was given 5 doses of nitroglycerine by a nurse – without physician approval.  The next morning the doctor came in and determined the gentleman […]





By Bonnie Navin, February 15th, 2007 Add comment

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