Medical malpractice is complicated, even when one seeks to sue a hospital for something that arguably is not related to medical treatment. For example, at the end of last month, Florida’s Fifth District Court of Appeals proved the complicated nature of suing hospitals...
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Medical Malpractice Cases
Ebola and Medical Malpractice Suits
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...
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Earlier this month, the Florida Supreme Court repealed a 2003 law that placed limits on financial awards in wrongful death suits.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...
Florida’s Wrongful Death Law Explained
When someone dies as a result of another's negligence (where "another" may refer to either an individual or an institution), the surviving members of the family have the right to file a wrongful death suit. Similar to medical malpractice, these suits try to obtain...
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...
What is the Most Common Cause of Lakeland Medical Malpractice Payouts?
According to Diedrich Healthcare's "2013 Medical Malpractice Payout Analysis,"which was based on data from the National Practitioner's Data Bank, there were 12,142 payouts for medical malpractice cases in 2012. That breaks down to one payout every 43 minutes. Florida...
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...
