By now, almost everyone has heard the story of how Ebola made its way into the United States. The now-deceased Thomas Eric Duncan visited a Dallas emergency room on September 25, complaining of nausea, abdominal pain, dizziness, and headaches. He and a companion sat...
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What Are the Elements of a Medical Malpractice Case?
________________________________________Proving a medical malpractice in lakeland case requires demonstrating that the health care provider acted negligently. To prove negligence, the claimant must show: duty, breach, causation, and damages. These basic elements are...
Changes in Medical Malpractice Laws May Make Suits More Difficult
On July 1, 2013, SB 1792 became law. SB 1792 is significant because it makes medical malpractice lawsuits more difficult to pursue. The law has three main components. First, the law clarified a question in response to a 2012 case that questioned whether or not a...
Florida Supreme Court Removes Damage Caps from Wrongful Death Cases
Earlier this month, the Florida Supreme Court repealed a 2003 law that placed limits on financial awards in wrongful death suits. Previously, families could receive no more than $1 million in non-economic damages for wrongful death cases resulting from medical...
FDA Limits Acetaminophen Dosage in Prescription Drugs
Although acetaminophen has been a common staple of household medicine cabinets for nearly six decades, concerns about the drug's safety still persist. For many years, the medical community has recognized several serious side effects from exceeding the recommended...
Judge Revokes Key Part of New Medical Malpractice Law
In an earlier blog post, we discussed the potential privacy issues attached to a new medical malpractice law that was signed into effect by Governor Scott this June. Effectively, the defendant practitioner could bypass HIPAA and disclose patient information without...
Report Reveals Problems with National Practitioner Data Bank
Public Citizen recently released a report revealing that the National Practitioner Data Bank (NPDB) has approximately 50,000 incomplete files. That's a big number - one that's large enough to beg the question: How can healthcare providers accurately screen their...
New Laws Could Hinder Your Medical Malpractice Claim
In June 2013, Governor Scott signed SB 1792 and HB 7015 into law, introducing two major obstacles to patients filing medical malpractice claims. The changes have been in effect since July 1, 2013, and suing for medical malpractice is now more difficult than...
What Makes a Case Medical Malpractice?
In 2011 there were 758 paid medical malpractice cases in Florida, ranking it fourth among U.S. states, according to Kaiser State Health Facts. Only Pennsylvania, California and New York had more paid medical malpractice cases.Because of this, it is important for...
How Many Medical Malpractice Claims Actually Result In A Settlement Before Trial?
A study released by the American Medical Association in May, 2012[1] recently disclosed the results of a comprehensive analysis of medical malpractice claims brought between the years 2002-2005. The study included all claims wherein a physician's or other medical...