In a recent case, a state appellate court issued an opinion in a Florida personal injury case requiring the court to discuss the state’s medical malpractice pre-suit requirement and whether the plaintiff’s case was required to comply with that requirement....
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Florida Supreme Court Discusses When a Case Must Comply with the State’s “Onerous” Medical Malpractice Requirements
In Florida, lawmakers have determined that lawsuits bringing claims of medical malpractice must comply with additional requirements that are not necessary in Florida personal injury cases bringing claims under a traditional theory of negligence. In so doing, lawmakers put courts...
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Plaintiff’s Slip-and-Fall Accident in Doctor’s Examination Room Deemed Not To Be “Medical Malpractice” Lawsuit
Earlier this month, an appellate court issued a written opinion in a Florida premises liability lawsuit that arose after the plaintiff fell off an examination table in the defendant doctor’s office. The court was tasked with determining if the plaintiff’s...
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Florida Supreme Court Clarifies the Scope of “Amendment 7” in Recent Personal Injury Case
Before a Florida medical malpractice lawsuit proceeds to trial, the parties go through the pre-trial discovery process, in which each side requests information of the other side that they believe will be relevant in the case. While most relevant material...
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Florida Supreme Court Strikes Down Burdensome Defendant-Friendly Discovery Rule in Recent Medical Malpractice Case
Earlier this month, the Florida Supreme Court issued a written opinion in a case that will likely have great implications across the State. The case involved allegations of Florida medical malpractice brought by the wife of a man who died...
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Florida Appellate Court Concludes Medical Malpractice Plaintiff’s Case Was Timely
Earlier this month, a Florida appellate court issued a written opinion in a Florida medical malpractice case that required the court to determine if the plaintiff’s case was timely under the applicable statute of limitations. Ultimately, the court concluded that...
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Florida Appellate Court Determines Conflicting Evidentiary Rulings Unfairly Hurt Personal Injury Plaintiff’s Case
Earlier this month, Florida’s Fourth District Court of Appeal issued a written opinion in a Florida personal injury case brought by a former smoker who had developed lung cancer and Chronic Obstructive Pulmonary Disease (COPD). The plaintiff’s case was filed...
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Appellate Court Permits Medical Malpractice Plaintiff’s Case to Proceed Toward Trial, Rejecting Defendant’s Medical Release Waiver
Earlier this month, an appellate court in Florida issued a written opinion in a medical malpractice case that was brought by a patient who was seriously injured during a surgery that was performed by the defendant doctor. Prior to the surgery,...
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Florida Supreme Court Holds Medical Malpractice Plaintiff Is Entitled to Favorable Jury Instruction Where Evidence Suggests a Foreign Object Was Left in the Plaintiff’s Body
Earlier this month, the Florida Supreme Court issued an opinion in a medical malpractice case in which the plaintiff claimed that the defendant negligently left a four-inch piece of drainage tube in his body after a surgery. The court ultimately...
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Failure to Follow Procedural Rules May Result in Delay or Dismissal of Florida Personal Injury Cases
There are thousands of cases filed in Florida courts each month. In fact, so many cases are filed in Florida that the system would get bogged down if each case resulted in a jury trial. To help whittle down the...
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