Court Broadly Defines “Health Care Provider,” Subjecting Plaintiff’s Slip-and-Fall Case to Heightened Medical Malpractice Requirements

Earlier this month, a West Virginia appellate court issued a written opinion in a slip-and-fall case that occurred at a hospital. The issue the court had to decide was whether the plaintiff’s case was properly considered a medical malpractice case under state law, or whether it was a premises liability case. The significance of the distinction between the two types of cases is that medical malpractice cases are subject to additional procedural requirements. The Facts of the Case The plaintiff accompanied her husband to the defendant hospital for a medical check-up. The plaintiff’s husband checked in and was escorted to an examination room by a medical assistant. The medical assistant instructed the plaintiff’s husband to have a seat o...

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Court Adopts Continuing Course of Treatment Doctrine in Medical Malpractice Case

Earlier this year, one state’s supreme court had the occasion to discuss and adopt the continuing course of treatment doctrine in a medical malpractice case. In the case Parr v. Rosenthal, the court adopted the doctrine, which holds that a medical malpractice claim does not accrue for the purposes of the statute of limitations until the defendant doctor stops treating the plaintiff for the condition giving rise to the lawsuit. However, the plaintiffs were ultimately unsuccessful in their case because, although the court adopted the doctrine, the court also determined that the plaintiffs’ case was not a proper application of the doctrine. The Facts The plaintiffs were the parents of a young boy who was born with a large bump...

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Determining Which Statute of Limitations Applies in Personal Injury Cases

Under Florida law, all personal injury cases must be brought within a certain amount of time. Normally, this time frame is called the statute of limitations, and while there are some exceptions, the general rule is that a late-filed case cannot be heard by the courts, and the plaintiff will be without recourse for their injuries. While this concept is a straightforward one, determining which statute of limitations applies in a specific case is not always an easy task. Different types of cases have different statutes of limitations. One of the strictest statutes of limitations is for medical malpractice cases. In many states, including in Florida, the statute of limitations in a medical malpractice case is two years. Compare that with the statute of limitations for general negligence cases, which is four years, and it is clear why it is important to determine at the outset which sta...

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Florida Statute of Limitations for Medical Malpractice Cases

Florida courts are already overburdened by the number of lawsuits filed in the state each year. To help curb the number of new lawsuits each year, and to ensure that medical malpractice cases are heard in a timely manner, the Florida legislature has set out a series of rules that limit the time in which a medical malpractice plaintiff can file a lawsuit against a medical provider. Of course, all cases have time limitations, but medical malpractice cases have some of the most stringent. These rules, called statutes of limitations, can act to completely prevent a victim of medical malpractice from recovering compensation for an act of medical malpractice. In fact, the statutes even prevent the claim from being heard in many cases. Therefore, it is extremely important that anyone who believes they have been a victim of medical malpractice reach out to a dedicated personal injury attor...

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The Summary Judgment Standard in Florida Courts

Earlier this month, a state court in Indiana issued an opinion explaining how the summary judgment standard should be applied by trial courts when there is conflicting evidence presented to the trial judge. In the case, Siner v. Kindred Hospital Limited Partnership, the court explained that summary judgment is not appropriate when there is conflicting evidence regarding a material issue of the case. The Facts of the Case The plaintiffs in Siner were the surviving loved ones of a woman who had passed on after being placed in the defendant hospital’s care. The allegations involved the hospital’s refusal to provide the deceased with life-sustaining treatment. In short, since the hospital told the deceased’s loved on...

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